    [House Document 113-181]
    [From the U.S. Government Publishing Office]

    [[Page i]]

    113th Congress, 2d Session-  -  -  -  -  -  - House Document No. 113-181
    ________________________________________________________________________

                                  CONSTITUTION

                               JEFFERSON'S MANUAL

                                       AND

                              RULES OF THE HOUSE OF

                                 REPRESENTATIVES

                              OF THE UNITED STATES

                         ONE HUNDRED FOURTEENTH CONGRESS

                                THOMAS J. WICKHAM

                                 PARLIAMENTARIAN

                      GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT

                        U.S. GOVERNMENT PUBLISHING OFFICE

                93-400          WASHINGTON : 2015

    ________________________________________________________________________

    For sale by the Superintendent of Documents, U.S. Government Publishing
                                     Office

                            Washington, DC 20402

    [[Page iii]]

                              HOUSE RESOLUTION 753

                      In the House of Representatives, U.S.,

                                                   November 14, 2014.

    Resolved, That a revised edition of the Rules and Manual of the House of
    Representatives for the One Hundred Fourteenth Congress be printed as a
    House document, and that three thousand additional copies shall be printed
    and bound for the use of the House of Representatives, of which nine
    hundred sixty copies shall be bound in leather with thumb index and
    delivered as may be directed by the Parliamentarian of the House.

    Attest:

                                                         Karen L. Haas,

                                                                   Clerk.

                                    (III)

    [[Page v]]

                                     PREFACE

        The House Rules and Manual contains the fundamental source material
    for parliamentary procedure used in the House of Representatives: the
    Constitution of the United States; applicable provisions of Jefferson's
    Manual; Rules of the House (as of the date of this preface); provisions
    of law and resolutions having the force of Rules of the House; and
    pertinent decisions of the Speakers and other presiding officers of the
    House and Committee of the Whole interpreting the rules and other
    procedural authority used in the House of Representatives.
        The rules for the One Hundred Fourteenth Congress were adopted on
    January 6, 2015, when the House agreed to House Resolution 5. In
    addition to a series of changes to various standing rules, House
    Resolution 5 included separate free-standing orders constituting
    procedures to be followed in the One Hundred Fourteenth Congress.
    Explanations of the changes to the standing rules appear in the
    annotations following each rule in the text of this Manual.
        In the One Hundred Sixth Congress, the House adopted a
    recodification of the Rules of the House. For an explanation of the
    recodified format, see the Preface and other introductory matter for the
    House Rules and Manual for the One Hundred Sixth Congress (H. Doc. 105-
    358).
        The substantive changes in the standing rules made by House
    Resolution 5 of the One Hundred Fourteenth Congress included:
        (1) authority for the Speaker to modify, within the three-day
    constitutional limit, any order for the time of the convening of the
    House during short adjournments when warranted by the public interest
    and authority for the Speaker to name a designee to exercise this and
    related convening authorities (clause 12 of rule I);
        (2) affirmative establishment of, and conferral of the imprimatur of
    the House in all litigation to, the Bipartisan Legal Advisory Group
    (clause 8 of rule II);
        (3) reinstatement of the requirement that that the Committee on
    House Administration provide policy direction to the Chief
    Administrative Officer (clause 4(a) of rule II; clause 4(d) of rule X);

    [[Page vi]]

        (4) expansion of the jurisdiction of the Committee on Appropriations
    to include specified loan obligations and loan guarantees (clause 1(b)
    of rule X);
        (5) expansion of the jurisdiction of the Committee on the Judiciary
    to include criminalization (clause 1(l) of rule X);
        (6) adjustment of the size and ratio of the Permanent Select
    Committee on Intelligence (clause 11(a) of rule X);
        (7) reduction in frequency of committee activity reports from
    annually to biennially (clause 1(d) of rule XI);
        (8) transfer of the requirement for committees to adopt written
    rules regarding audio and visual coverage from clause 4 of rule XI to
    clause 2 of rule XI to merge with the general requirement for written
    committee rules (clause 2(a) of rule XI; clause 4(f) of rule XI);
        (9) expansion of committee hearing witness disclosure requirements
    to include certain foreign government information and contraction to
    matter relating to the hearing in question (clause 2(g)(5) of rule XI);
        (10) requirement for new Members, Delegates, and Resident
    Commissioners to receive ethics training from the Committee on Ethics
    (clause 3(a) of rule XI);
        (11) restriction on the Committee on Ethics taking an action denying
    a constitutional right (clause 3(s) of rule XI);
        (12) restriction on use of committee broadcast material conformed to
    the restriction on floor broadcast material (clause 4(b) of rule XI);
        (13) expansion of the Ramseyer rule to include the entire text of a
    section of a statute proposed to be repealed or amended (clause 3(e) of
    rule XIII);
        (14) expansion of various cost estimates to include macroeconomic
    data and repeal of requirement that reports on tax bills contain a
    macroeconomic analysis (clause 3(h) of rule XIII; clause 8 of rule XIII)
        (15) elimination of the point of order against consideration of a
    general appropriation bill if printed hearings thereon are not available
    (clause 4(c) of rule XIII); and
        (16) extension of time before further motions to instruct conferees
    may be offered from 20 to 45 calendar days and from 10 to 25 legislative
    days (clause 7 of rule XXII).
        Citations in this edition refer to:
        (1) Hinds' Precedents of the House of Representatives of the United
    States (volumes I through V) and Cannon's Precedents of the House of
    Representatives of the United States (volumes VI through VIII), by
    volume and section (e.g., V, 5763; VIII, 2852);

    [[Page vii]]

        (2) Deschler's Precedents of the U.S. House of Representatives
    (volumes 1 through 9), Deschler-Brown Precedents of the U.S. House of
    Representatives (volumes 10 through 16), Deschler-Brown-Johnson
    Precedents of the U.S. House of Representatives (volume 17), and
    Deschler-Brown-Johnson-Sullivan Precedents of the U.S. House of
    Representatives (volume 18), by chapter and section (e.g., Deschler, ch.
    26, Sec. 79.7; Deschler-Brown, ch. 28, Sec. 4.26);
        (3) the Congressional Record, by date and page (e.g., Jan. 29, 1986,
    p. 684);
        (4) House Practice (2011), by chapter and section (e.g., House
    Practice, ch. 1, Sec. 2);
        (5) Deschler-Brown Procedure in the U.S. House of Representatives
    (4th edition and 1987 supplement), by chapter and section (e.g.,
    Procedure, ch. 5, Sec. 8.1);
        (6) the United States Code, by title and section (e.g., 2 U.S.C.
    287); and
        (7) the United States Reports, by volume and page (e.g., 395 U.S.
    486).
        Readers are invited to refer to the prefaces of Hinds', Cannon's,
    and Deschler's Precedents (Volumes I, VI, and 1, respectively) for
    comprehensive overviews by those editors of the procedural history of
    the House of Representatives from 1789 to 1976. Volume 18 of Deschler-
    Brown-Johnson-Sullivan Precedents also features a commentary by former
    Parliamentarian Charles W. Johnson, III, noting procedural highlights
    during his affiliation with the House.
        All of the members of the Office of the Parliamentarian - Ethan
    Lauer, Jay Smith, Anne Gooch, Kyle Jones, Severin Randall, Brian Cooper,
    Lloyd Jenkins, Monica Rodriguez, and Kristen Donahue, as well as Charles
    Johnson, Max Spitzer, Andrew Neal, Catherine Moran, and Bryan Feldblum -
    worked diligently to annotate the decisions of the Chair and other
    parliamentary precedents of the 113th Congress and of the 114th Congress
    to the date of publication of this edition. Their contributions, and
    their devotion to the pursuit of excellence in the procedural practices
    of the House, are gratefully acknowledged. Particular appreciation goes
    to Ethan Lauer for his initiative and steady hand in managing the
    project. Finally, we recognize Carrie Wolf for her dedication and
    professionalism in service to the office.

                                                    Thomas J. Wickham, Jr.
      May 21, 2015

    [[Page ix]]

                                    CONTENTS

                                   __________

                                THE CONSTITUTION
                                                                        Page
    Preamble..........................................................     3
                Article I.--The legislative power.....................     4
                       II.--The executive power.......................    66
                      III.--The judicial power........................    78
                       IV.--Obligations, duties, etc., of the States..    80
                        V.--Amendments to.............................    82
                       VI.--Law of the land, etc......................    84
                      VII.--Ratification of...........................    89
                            Amendments ratified.......................    91
                               JEFFERSON'S MANUAL
                Section I.--Importance of adhering to rules...........   127
                      III.--Privilege.................................   130
                       VI.--Quorum....................................   150
                      VII.--Call of the House.........................   151
                       IX.--Speaker...................................   151
                        X.--Address...................................   154
                       XI.--Committees................................   154
                      XII.--Committee of the Whole....................   158
                     XIII.--Examination of witnesses..................   166
                      XIV.--Arrangement of business...................   171
                       XV.--Order.....................................   173
                      XVI.--Order respecting papers...................   174
                     XVII.--Order in debate...........................   174
                    XVIII.--Orders of the House.......................   196
                      XIX.--Petition..................................   200
                       XX.--Motion....................................   201
                      XXI.--Resolutions...............................   203
                    XXIII.--Bills, leave to bring in..................   204
                     XXIV.--Bills, first reading......................   205
                      XXV.--Bills, second reading.....................   206
                     XXVI.--Bills, commitment.........................   206
                    XXVII.--Report of committee.......................   217

    [[Page x]]

                                                                        Page
           Section XXVIII.--Bill, recommitment........................   218
                     XXIX.--Bills, reports taken up...................   219
                      XXX.--Quasi-committee...........................   221
                     XXXI.--Bill, second reading in the House.........   224
                    XXXII.--Reading papers............................   227
                   XXXIII.--Privileged questions......................   229
                    XXXIV.--The previous question.....................   242
                     XXXV.--Amendments................................   244
                    XXXVI.--Division of the question..................   253
                   XXXVII.--Coexisting questions......................   256
                  XXXVIII.--Equivalent questions......................   257
                    XXXIX.--The question..............................   259
                       XL.--Bills, third reading......................   260
                      XLI.--Division of the House.....................   264
                     XLII.--Titles....................................   269
                    XLIII.--Reconsideration...........................   270
                     XLIV.--Bills sent to the other House.............   273
                      XLV.--Amendments between the Houses.............   274
                     XLVI.--Conferences...............................   284
                    XLVII.--Messages..................................   297
                   XLVIII.--Assent....................................   302
                     XLIX.--Journals..................................   304
                        L.--Adjournment...............................   306
                       LI.--A session.................................   308
                      LII.--Treaties..................................   311
                     LIII.--Impeachment...............................   315
                               RULES OF THE HOUSE
                   Rule I.--The Speaker...............................   335
                       II.--Other Officers and Officials..............   358
                      III.--The Members, Delegates, and Resident
                            Commissioner of Puerto Rico...............   378
                       IV.--The Hall of the House.....................   383
                        V.--Broadcasting the House....................   391
                       VI.--Official Reporters and News Media
                            Galleries.................................   393
                      VII.--Records of the House......................   405
                     VIII.--Response to Subpoenas.....................   409
                       IX.--Questions of Privilege....................   413
                        X.--Organization of Committees................   434
                       XI.--Procedures of Committees and Unfinished
                            Business..................................   546
                      XII.--Receipt and Referral of Measures and
                            Matters...................................   615
                     XIII.--Calendars and Committee Reports...........   630
                      XIV.--Order and Priority of Business............   665
                       XV.--Business in Order on Special Days.........   676

    [[Page xi]]
                                                                        Page
                 Rule XVI.--Motions and Amendments....................   695
                     XVII.--Decorum and Debate........................   750
                    XVIII.--The Committee of the Whole House on the
                            state of the Union........................   780
                      XIX.--Motions Following the Amendment Stage.....   810
                       XX.--Voting and Quorum Calls...................   825
                      XXI.--Restrictions on Certain Bills.............   855
                     XXII.--House and Senate Relations................   913
                    XXIII.--Code of Official Conduct..................   940
                     XXIV.--Limitations on Use of Official Funds......   952
                      XXV.--Limitations on Outside Earned Income and
                            Acceptance of Gifts.......................   957
                     XXVI.--Financial Disclosure......................   986
                    XXVII.--Disclosure by Members and Staff of
                            Employment Negotiations...................  1012
                   XXVIII.--[Reserved]................................  1014
                     XXIX.--General Provisions........................  1014

    Provisions of Legislative Reorganization Act of 1946, as Amended by the
        Legislative Reorganization Act of 1970, Applicable to Both Houses
    Congressional adjournment.........................................  1019
    Preservation of committee hearings................................  1020

                           Joint and Select Committees

    Economic Committee, Joint.........................................  1021
    Taxation, Joint Committee on......................................  1021
    Library, Joint Committee of Congress on the.......................  1022
    Printing, Joint Committee on......................................  1022
    Inaugural Ceremonies, Joint Congressional Committee on............  1022
    Select committees.................................................  1022

                         House and Congressional Offices

    House Commission on Congressional Mailing Standards...............  1025
    House Office Building Commission..................................  1025
    Government Accountability Office..................................  1025
    Office of Compliance..............................................  1025
    Congressional Research Service....................................  1026
    Legislative Counsel...............................................  1026
    Congressional Budget Office.......................................  1026
    Law Revision Counsel..............................................  1026
    Technology Assessment.............................................  1026
    Office of the Parliamentarian.....................................  1026
    Office of Floor Assistants........................................  1027

    [[Page xii]]

                                                                        Page
    Office of Interparliamentary Affairs..............................  1027
    House Recording Studio............................................  1027
    United States Capitol Preservation Commission.....................  1027
    Office of General Counsel.........................................  1027
    Former Office of Emergency Planning, Preparedness, and Operations.  1028
    Office of Attending Physician.....................................  1028
    Office of Architect of the Capitol................................  1028
    House Democracy Partnership.......................................  1028
    Tom Lantos Human Rights Commission................................  1028
    Office of Congressional Ethics....................................  1028
    Early organization of the House...................................  1031
              Miscellaneous Provisions of Congressional Budget Laws
    Congressional Budget Act of 1974..................................  1037
    Budget Enforcement Act of 1990....................................  1119
    Statutory Pay-As-You-Go Act of 2010...............................  1123
                      Legislative Procedures Enacted in Law
    Measures privileged for consideration in House....................  1127
                                      Index
    Index.............................................................  1307

    [[Page xiii]]

                            GENERAL ORDER OF BUSINESS
                                    Rule XIV

                  First. Prayer by Chaplain.
                  Second. Approval of Journal.
                  Third. The Pledge of Allegiance to the Flag.
                  Fourth. Correction of reference of public bills.
                  Fifth. Disposal of business on Speaker's table.
                  Sixth. Unfinished business.
                  Seventh. The morning hour for the consideration of bills.
                  Eighth. Motions to go into Committee of the Whole.
                  Ninth. Orders of the day.

                            SPECIAL ORDER OF BUSINESS
                                     Mondays

    Second and fourth Mondays:

                  Motions to discharge committees. Rule XV, clause 2.

                  District of Columbia Business. Rule XV, clause 4.

    Every Monday:

                  Motions to suspend rules. Rule XV, clause 1.

                                    Tuesdays

    First and third Tuesdays:

      Private Calendar. Rule XV, clause 5. Individual private bills
            considered on first Tuesday of each month, omnibus private bills
            may be considered on third Tuesday of each month.

    Every Tuesday:

                  Motions to suspend rules. Rule XV, clause 1.

                                   Wednesdays

    Call of Committees under Calendar Wednesday. Rule XV, clause 7.

    Every Wednesday:

                  Motions to suspend rules. Rule XV, clause 1. end

    [[Page 1]]

    ========================================================================

                                  CONSTITUTION

    ========================================================================

    [[Page 3]]

                                   __________

      We the People <> of the United States, in
    Order to form a more perfect Union, establish Justice, insure domestic
    Tranquility, provide for the common defence, promote the general
    Welfare, and secure the Blessings of Liberty to ourselves and our
    Posterity, do ordain and establish this Constitution for the United
    States of America.

      The First Continental <> Congress met in Philadelphia in September, 1774 and
    adopted the Declaration and Resolves of the First Continental Congress,
    embodying rights and principles later to be incorporated into the
    Constitution of the United States. The Second Continental Congress
    adopted in November, 1777 the Articles of Confederation, which the
    States approved in July, 1778. Upon recommendation of the Continental
    Congress, a convention of State representatives met in May, 1787 to
    revise the Articles of Confederation and reported to the Continental
    Congress in September a new Constitution, which the Congress submitted
    to the States for ratification. Nine States, as required by the
    Constitution for its establishment, had ratified by June 21, 1788, and
    eleven States had ratified by July 26, 1788. The Continental Congress
    adopted a resolution on September 13, 1788, putting the new Constitution
    into effect; the First Congress of the United States convened on March
    4, 1789, and George Washington was inaugurated as the first President on
    April 30, 1789.

    [[Page 4]]

                                   ARTICLE I.

      Section 1. All <> legislative Powers herein granted shall be vested in a
    Congress of the United States, which shall consist of a Senate and House
    of Representatives.

      The power to legislate includes the power to conduct inquiries and
    investigations. See Kilbourn v.  <> Thompson, 103 U.S. 168 (1880); McGrain v. Daugherty, 273
    U.S. 135 (1927); Watkins v. United States, 354 U.S. 178 (1957);
    Barenblatt v. United States, 360 U.S. 109 (1959). For the power of the
    House to punish for contempt in the course of investigations, see
    Sec. 293, infra.

    <>   Section 2. \1\The House of Representatives shall be composed
    of Members chosen every second Year by the People of the several States,
    * * *.

      This clause requires election by the people and State authority may
    not determine a tie by lot (I, 775).
      The phrase ``by the people of the several States'' means that as
    nearly as practicable one person's vote in a congressional election is
    to be worth as much as another's. Wesberry v. Sanders, 376 U.S. 1
    (1964); Kirkpatrick v. Preisler, 394 U.S. 526 (1969). 2 U.S.C. 2a
    mandates apportionment of Representatives based upon population, and 2
    U.S.C. 2c requires the establishment by the States of single-Member
    congressional districts. For elections generally, see Deschler, ch. 8.
      The term of a <> Congress, before
    ratification of the 20th amendment to the Constitution, began on the 4th
    of March of odd-numbered years and extended through two years. This
    resulted from the action of the Continental Congress on September 13,
    1788, in declaring, on authority conferred by the Federal Convention,
    ``the first Wednesday in March next'' to be ``the time for commencing
    proceedings under the said Constitution.'' This date was March 4, 1789.
    Soon after the first Congress assembled a joint committee determined
    that the terms of Representatives and Senators of the first class
    commenced on that day, and must necessarily terminate with the 3d of
    March, 1791 (I, 3). Under the 20th amendment to the Constitution the
    terms of Representatives and Senators begin on the 3d of January of the
    odd-numbered years, regardless of when Congress actually convenes. By a
    practice having the force of common law, the House meets at noon when no
    other hour is fixed (I, 4, 210). In the later practice a resolution
    fixing the daily hour of meeting is agreed to at the beginning of each
    session.

    [[Page 5]]

      Before adoption of the 20th amendment, the legislative day of March 3
    extended to noon on March 4 (V, 6694-6697) and, unless earlier
    adjourned, the Speaker could at that time declare the House adjourned
    sine die, without motion or vote, even to the point of suspending a roll
    call then in progress (V, 6715-6718).
      The Legislative Reorganization Act of 1970 (84 Stat. 1140) provides
    that unless Congress otherwise specifies the two Houses shall adjourn
    sine die not later than the last day in July. This requirement is not
    applicable, under the terms of that Act, if a state of war exists
    pursuant to a congressional declaration or if, in an odd-numbered
    (nonelection) year, the Congress has agreed to adjourn for the month
    preceding Labor Day. For more on this provision, see Sec. 1106, infra.

    <> * * * and
    the Electors in each State shall have the Qualifications requisite for
    Electors of the most numerous Branch of the State Legislature.

      The House, in the decision of an election case, has rejected votes
    cast by persons not naturalized citizens of the United States, although
    they were entitled to vote under the statutes of a State (I, 811); but
    where an act of Congress had provided that a certain class of persons
    should be deprived of citizenship, a question arose over the proposed
    rejection of their votes in a State wherein citizenship in the United
    States was not a qualification of the elector (I, 451). In an
    exceptional case the House rejected votes cast by persons lately in
    armed resistance to the Government, although by the law of the State
    they were qualified voters (I, 448); but later, the House declined to
    find persons disqualified as voters because they had formerly borne arms
    against the Government (II, 879).
      The power <> of the States to
    set qualifications for electors is not unlimited, being subject to the
    15th, 19th, 24th, and 26th amendments, and to the equal protection
    clause of the United States Constitution. Carrington v. Rash, 380 U.S.
    89 (1965); Kramer v. Union Free School District, 395 U.S. 621 (1969).
      Congress has some power in setting qualifications for electors, as in
    protecting the right to vote and lowering the minimum age for electors
    in congressional elections. Katzenbach v. Morgan, 384 U.S. 641 (1966);
    Oregon v. Mitchell, 400 U.S. 112 (1970).

    <>   \2\No
    Person shall be a Representative who shall not have attained
    to the Age of twenty five Years, * * *.

    [[Page 6]]

      A Member-elect not being of the required age, was not enrolled by the
    Clerk and he did not take the oath until he had reached the required age
    (I, 418).

    <> * * *
    and been seven Years a Citizen of the United States, * * *.

      Henry Ellenbogen, Pa., had not been a citizen for seven years when
    elected to the 73d Congress, nor when the term commenced on March 4,
    1933. He was sworn at the beginning of the second session on January 3,
    1934, when a citizen for seven and one-half years (see H. Rept. 1431 and
    H. Res. 370, 73d Cong.). A native of South Carolina who had been abroad
    during the Revolution and on his return had not resided in the country
    seven years, was held to be qualified as a citizen (I, 420). A woman who
    forfeited her citizenship through marriage to a foreign subject and
    later resumed it through naturalization less than seven years before her
    election, was held to fulfill the constitutional requirement as to
    citizenship and entitled to a seat in the House (VI, 184). A Member who
    had long been a resident of the country, but who could not produce
    either the record of the court nor his final naturalization papers, was
    nevertheless retained in his seat by the House (I, 424).

    <> * * *
    and who shall not, when elected, be an Inhabitant of that State in which
    he shall be chosen.

      The meaning of the word ``inhabitant'' and its relation to citizenship
    has been discussed (I, 366, 434; VI, 174), and the House has held that a
    mere sojourner in a State was not qualified as an inhabitant (I, 369),
    but a contestant was found to be an actual inhabitant of the State
    although for sufficient reason his family resided in another State (II,
    1091). Residence abroad in the service of the Government does not
    destroy inhabitancy as understood under the Constitution (I, 433). One
    holding an office and residing with his family for a series of years in
    the District of Columbia exclusively was held disqualified to sit as a
    Member from the State of his citizenship (I, 434); and one who had his
    business and a residence in the District of Columbia and had no business
    or residence in Virginia was held ineligible to a seat from that State
    (I, 436). One who had a home in the District of Columbia, and had
    inhabited another home in Maryland a brief period before his election,
    but had never been a citizen of any other State, was held to be
    qualified (I, 432). Also a Member who had resided a portion of a year in
    the District of Columbia, but who had a home in the State of his
    citizenship and was actually living there at the time of the election,
    was held to be qualified (I, 435). In the Updike v. Ludlow case, 71st
    Congress, it was decided that residence in the District of Colum

    [[Page 7]]

    bia for years as a newspaper correspondent and maintenance there of
    church membership were not considered to outweigh payment of poll and
    income taxes, ownership of real estate, and a record for consistent
    voting in the district from which elected (VI, 55), and in the same case
    excuse from jury duty in the District of Columbia on a plea of
    citizenship in the State from which elected and exercise of incidental
    rights of such citizenship, were accepted as evidence of inhabitancy
    (VI, 55).
      Whether Congress <> may by law establish qualifications
    other than those prescribed by the Constitution has been the subject of
    much discussion (I, 449, 451, 457, 458, 478); but in a case wherein a
    statute declared a Senator convicted of a certain offense ``forever
    thereafter incapable of holding any office of honor, trust, or profit
    under the Government of the United States,'' the Supreme Court expressed
    the opinion that the final judgment of conviction did not operate, ipso
    facto, to vacate the seat or compel the Senate to expel or regard the
    Senator as expelled by force alone of the judgment (II, 1282). Whether
    the House or Senate alone may set up qualifications other than those of
    the Constitution has also been a subject often discussed (I, 414, 415,
    443, 457, 458, 469, 481, 484). The Senate has always declined to act on
    the supposition that it had such a power (I, 443, 483), and during the
    stress of civil war the House of Representatives declined to exercise
    the power, even under circumstances of great provocation (I, 449, 465).
    But later, in one instance, the House excluded a Member-elect on the
    principal argument that it might itself prescribe a qualification not
    specified in the Constitution (I, 477). The matter was extensively
    debated in the 90th Congress in connection with the consideration of
    resolutions relating to the seating of Representative-elect Adam C.
    Powell of New York (H. Res. 1, Jan. 10, 1967, p. 14; H. Res. 278, Mar.
    1, 1967, p. 4997). In Powell v. McCormack, 395 U.S. 486 (1969), the
    Supreme Court found that the power of Congress to judge the
    qualifications of its Members was limited to an examination of the
    express qualifications stated in the Constitution.
      It has been decided by the House and Senate that no State may add to
    the qualifications prescribed by the Constitution (I, 414-416, 632); and
    the Supreme Court so ruled in U.S. Term Limits, Inc., v. Thornton, 514
    U.S. 779 (1995). There, the Court held that States may not ``change, add
    to, or diminish'' constitutional qualifications of Members, striking
    down a State statute prohibiting three-term incumbents from appearing on
    the general election ballot. For qualifications generally, see Deschler,
    ch. 7, Sec. Sec. 9-14.
      For expulsion of seated Members, which requires a two-thirds vote
    rather than a majority vote, see article I, section 5, clause 2
    (Sec. 62, infra).

    [[Page 8]]

      Both Houses of <> Congress have decided, when a Member-
    elect is found to be disqualified, that the person receiving the next
    highest number of votes is not entitled to the seat (I, 323, 326, 450,
    463, 469; VI, 58, 59), even in a case wherein reasonable notice of the
    disqualification was given to the electors (I, 460). In the event of the
    death of a Member-elect, the candidate receiving the next highest number
    of votes is not entitled to the seat (VI, 152).

      \3\[Representatives and direct <> Taxes shall be
    apportioned among the several States which may be included within this
    Union, according to their respective Numbers, which shall be determined
    by adding to the whole Number of free Persons, including those bound to
    Service for a Term of Years, and excluding Indians not taxed, three
    fifths of all other Persons.] * * *

      The part of this clause relating to the mode of apportionment of
    Representatives was changed after the Civil War by section 2 of the 14th
    amendment and, as to taxes on incomes without apportionment, by the 16th
    amendment.

    * * * The actual <> Enumeration shall be made within three Years after the
    first Meeting of the Congress of the United States, and within every
    subsequent Term of ten Years, in such Manner as they shall by Law
    direct. The Number of Representatives shall not exceed one for every
    thirty Thousand, but each State shall have at Least one Representative;
    and until such enumeration shall be made, the State of New Hampshire
    shall be entitled to chuse three, Massachusetts eight, Rhode- Island and
    Providence Plantations one, Connecticut five, New York six, New Jersey
    four, Pennsylvania eight, Delaware one, Maryland

    [[Page 9]]

    six, Virginia ten, North Carolina five, South Carolina five, and Georgia
    three.

      The census has been taken decennially since 1790, and, with the
    exception of 1920, was followed each time by reapportionment. In the
    First Congress the House had 65 Members; increased after each census,
    except that of 1840, until 435 was reached in 1913 (VI, 39, 40). The Act
    of June 18, 1929 (46 Stat. 26), as amended by the Act of November 15,
    1941 (55 Stat. 761), provides for reapportionment of the existing number
    (435) among the States following each new census (VI, 41-43; see 2
    U.S.C. 2a). Membership was temporarily increased to 436, then to 437,
    upon admission of Alaska (72 Stat. 345) and Hawaii (73 Stat. 8), but
    returned to 435 on January 3, 1963, the effective date of the
    reapportionment under the 18th Decennial census.
      Under the later but not the earlier practice, bills relating to the
    census and apportionment are not privileged for consideration (I, 305-
    308; VI, 48, VII, 889; Apr. 8, 1926, p. 7147).
      Decisions <> of the Supreme
    Court of the United States: Dred Scott v. Sandford, 60 U.S. (19 How.)
    393 (1857); Veazie Bank v. Fenno, 75 U.S. (8 Wall.) 533 (1869); Scholey
    v. Rew, 90 U.S. (23 Wall.) 331 (1874); De Treville v. Smalls, 98 U.S.
    517 (1878); Gibbons v. District of Columbia, 116 U.S. 404 (1886);
    Pollock v. Farmers Loan & Trust Co. (Income Tax case), 157 U.S. 429
    (1895); Pollock v. Farmers' Loan & Trust Co. (Rehearing), 158 U.S. 601
    (1895); Thomas v. United States, 192 U.S. 363 (1904); Flint v. Stone
    Tracy Co. (Corporation Tax cases), 220 U.S. 107 (1911); Eisner v.
    Macomber, 252 U.S. 189 (1920); New York Trust Co. v. Eisner, 256 U.S.
    345 (1921); Franklin v. Massachusetts, 505 U.S. 788 (1992); Utah v.
    Evans, 536 U.S. 452 (2002).

      \4\When vacancies <> happen in the Representation from any State, the
    Executive Authority thereof shall issue Writs of Election to fill such
    Vacancies.

      Vacancies are caused by death, resignation, declination, withdrawal,
    or by action of the House in declaring a vacancy as existing or causing
    one by expulsion. When a vacancy occurs, or when a new Member is sworn,
    the Speaker announces the resulting adjustment in the whole number of
    the House pursuant to clause 5(d) of rule XX (see Sec. 1024b, infra).
    Clause 5(c) of rule XX permits the House to operate with a provisional
    number of the House if the House is without a quorum due to catastrophic
    circumstances (see Sec. 1024a, infra). In extraordinary circumstances,
    section 8 of title 2, United States Code, prescribes special election
    rules to expedite the filling of vacancies in representation of the
    House.

    [[Page 10]]

      It was long the <> practice to
    notify the executive of the State when a vacancy was caused by the death
    of a Member during a session (II, 1198-1202); but it is now the practice
    for State authorities to take cognizance of the vacancies without
    notice. When a Member dies while not in attendance in the House or
    during a recess, the House is sufficiently informed of the vacancy by
    the credentials of the successor, when they set forth the fact of the
    death (I, 568). The death of a Member-elect creates a vacancy, although
    no certificate may have been awarded (I, 323), and in such a case the
    candidate having the next highest number of votes may not receive the
    credentials (I, 323; VI 152). A Member whose seat was contested having
    died, the House did not admit a claimant with credentials until
    contestant's claim was settled (I, 326); where a contestant died after a
    report in his favor, the House unseated the returned Member and declared
    the seat vacant (II, 965), and in a later case the contestant having
    died, the committee did not recommend to the House a resolution it had
    agreed to declaring he had not been elected (VI, 112). In the 93d
    Congress, when two Members-elect were passengers on a missing aircraft
    and were presumed dead, the Speaker laid before the House documentary
    evidence of the presumptive death of one Member-elect and the
    declaration of a vacancy by the Governor, as well as evidence that the
    status of the other Member-elect had not been officially determined by
    State authority. The House then adopted a privileged resolution
    declaring vacant the seat of the latter Member-elect to enable the
    Governor of that State to call a special election (Jan. 3, 1973, p. 15).
    For further discussion, see Sec. 23, infra.
      In recent practice <> the
    Member informs the House by letter that a resignation has been sent to
    the State executive (II, 1167-1176) and this is satisfactory evidence of
    the resignation (I, 567). Both a letter to the Speaker and a copy of the
    letter to the State executive are laid before the House. However,
    Members have resigned by letter to the House alone, it being presumed
    that the Member would also notify the Governor (VI, 226). Where a Member
    resigned by letter to the House the Speaker was authorized to notify the
    Governor (Nov. 27, 1944, p. 8450; July 12, 1957, p. 11536; Sept. 1,
    1976, p. 28887). If a Member does not inform the House, the State
    executive may do so (II, 1193, 1194; VI, 232). The House has learned of
    a Member's resignation by means of the credentials of the successor (II,
    1195, 1356). Where the fact of a Member's resignation has not appeared
    either from the credentials of the successor or otherwise, the Clerk has
    been ordered to make inquiry (II, 1209) or the House has ascertained the
    vacancy from information given by other Members (II, 1208).
      It has been established that a Member or Senator may select a future
    date for a resignation to take effect and, until the arrival of that
    date, participate in the proceedings (II, 1220-1225, 1228, 1229; VI,
    227, 228; Dec. 15, 1997, p. 26709; June 5, 2001, p. 9882; Nov. 27, 2001,
    p. 23006; Jan. 27, 2003, pp. 1750, 1751). It has been possible even for
    a Member

    [[Page 11]]

    to resign a seat in the House to be effective on a date following the
    anticipated date of a special election that might fill the vacancy
    thereby created (Deschler, ch. 8, Sec. 9.3). However, the State
    concerned must be willing to treat the prospective resignation as a
    constitutional predicate for the issuance of a writ of election to fill
    a vacancy. For examples of resignation letters indicating that the State
    executive took cognizance of a prospective resignation, see January 8,
    1952, (p. 14) (New York); July 9, 1991, (p. 17301) (Virginia); June 5,
    2001, (p. 9882) (Florida), and January 27, 2003, (p. 1751) (Texas). When
    the Governor of Oklahoma received a prospective resignation from one of
    its Members, the State provided by statute (enrolled Senate Bill Number
    7X) for the holding of a special election before the effective date of
    the resignation (Feb. 28, 2002, p. 2245).
      For the State to take cognizance of a prospective resignation, it must
    have assurances that there is no possibility of withdrawal (or
    modification). In one case a Member who had resigned was not permitted
    by the House to withdraw the resignation (II, 1213). However, the House
    has allowed withdrawal in the case of defective resignation; that is, in
    which the Member had not actually transmitted the letter of resignation
    (VI, 229), or had transmitted it to an improper state official (Oct. 9,
    1997, p. 22020). A Member may include in a letter of prospective
    resignation a statement of intention that the resignation be
    ``irrevocable'' in order to allay any concern about the prospect of
    withdrawal (June 5, 2001, p. 9882).
      Acceptance of the resignation of a Member from the House is
    unnecessary (VI, 65, 226), and the refusal of a Governor to accept a
    resignation cannot operate to continue membership in the House (VI, 65).
    Only in a single exceptional case has the House taken action in the
    direction of accepting a resignation (II, 1214). Sometimes Members who
    have resigned have been reelected to the same House and taken seats (II,
    1210, 1212, 1256; Jan. 28, 1965 and June 16, 1965, pp. 1452, 13774; Jan.
    6, 1983 and Feb. 22, 1983, pp. 114, 2575). A Member-elect may resign
    before taking the oath (II, 1230-1232).
      A letter of resignation is presented as privileged (II, 1167-1176);
    but a resolution to permit a Member to withdraw a resignation was not so
    treated (II, 1213). The Speaker, having been elected Vice President and
    a Representative of the succeeding Congress at the same election,
    transmitted to the Governor of his State his resignation as a Member-
    elect (VI, 230, 453). A Member of the House, having been nominated and
    confirmed as Vice President pursuant to the 25th amendment, submitted a
    letter of resignation as a Representative to the Governor of his State,
    and a copy of his letter of resignation was laid before the House by the
    Speaker following the completion of a joint meeting for his swearing as
    Vice President (Dec. 6, 1973, p. 39927). A Member of the House having
    been confirmed as Secretary of Defense, a copy of his letter of
    resignation was laid before the House before his taking the oath of that
    office (Mar. 20, 1989, p. 4976).

    [[Page 12]]

      A Member who <> has been
    elected to a seat may decline to accept it, and in such a case the House
    informed the executive of the State of the vacancy (II, 1234). The House
    has decided an election contest against a returned Member who had not
    appeared to claim the seat (I, 638). In one instance a Member-elect who
    had been convicted in the courts did not appear during the term (IV,
    4484, footnote). On November 7, 1998, less than a week after his re-
    election as Representative from Georgia, Speaker Gingrich announced that
    he would not be a candidate for Speaker in the 106th Congress and that
    he would resign his seat as a Member of the 106th Congress. Although the
    letter of ``withdrawal'' was tendered on November 22, the Governor did
    not attempt to call a special election until after the term began on
    January 3, 1999 (Jan. 6, 1999, p. 42). A Member has notified the Speaker
    and the Governor in one Congress of an intention not to take a seat in
    the next Congress (Jan. 6, 2009, pp. 2, 3; Jan. 3, 2013, p. _; Jan. 3,
    2013, p. _; Jan. 6, 2015, p. _).
      At the time <> of the secession
    of several States, Members of the House from those States withdrew (II,
    1218). In the Senate, in cases of such withdrawals, the Secretary was
    directed to omit the names of the Senators from the roll (II, 1219), and
    the act of withdrawal was held to create a vacancy that the legislature
    might recognize (I, 383).
      If the House, <> by
    its action in a question of election or otherwise, creates a vacancy,
    the Speaker is directed to notify the Executive of the State (I, 502,
    709, 824; II, 1203-1205; Mar. 1, 1967, p. 5038; Jan. 3, 1973, p. 15;
    Feb. 24, 1981, pp. 2916-18). A resolution as to such notification is
    presented as a question of privilege (III, 2589), as is a resolution
    declaring a vacancy in which a Member-elect was unable to take the oath
    of office or to decline the office because of an incapacitating illness
    (Feb. 24, 1981, pp. 2916-18).
      The House declines <> to give prima facie effect to credentials, even though they
    be regular in form, until it has ascertained whether or not the seat is
    vacant (I, 322, 518, 565, 569), and a person returned as elected at a
    second election was unseated on ascertainment that another person had
    actually been chosen at the first election (I, 646). Where a Member was
    reelected to the House, although at the time of the election he had been
    unaccounted for for several weeks following the disappearance of the
    plane on which he was a passenger, the Governor of the State from which
    he was elected transmitted his certificate to the House in the regular
    fashion. When the Member-elect was still missing at the time the new
    Congress convened, and circumstances were such that other passengers on
    the missing plane had been presumed dead following judicial inquiries in
    the State where the plane was lost, the House declared the seat vacant
    (H. Res. 1, 93d Cong., Jan. 3, 1973, p. 15). In the 108th Congress the
    House codified

    [[Page 13]]

    in clause 5 of rule XX its practice of accounting for vacancies (sec.
    2(l), H. Res. 5, Jan. 7, 2003, p. 7).
      The term ``vacancy'' <> as occurring in this paragraph of the
    Constitution has been examined in relation to the functions of the State
    executive (I, 312, 518). A Federal law empowers the States and
    Territories to provide by law the times of elections to fill vacancies
    (I, 516; 2 U.S.C. 8); but an election called by a governor in pursuance
    of constitutional authority was held valid although no State law
    prescribed the time, place, or manner of such election (I, 517). Where
    two candidates had an equal number of votes, the governor did not issue
    credentials to either, but ordered a new election after they had waived
    their respective claims (I, 555). A candidate elected for the 104th
    Congress was appointed by the Governor to fill a vacancy for the
    remainder of the 103d Congress pursuant to a State law requiring the
    Governor to appoint the candidate who won the election to the 104th
    Congress. In that case the House authorized the Speaker to administer
    the oath to the Member-elect and referred the question of his final
    right to the seat in the 103d Congress to the Committee on House
    Administration (Nov. 29, 1994, pp. 29585, 29586). For a discussion of a
    State election to fill a prospective vacancy of the House, see Sec. 19,
    supra.
    <>   A
    Member elected to fill a vacancy serves no longer time than the
    remainder of the term of the Member whose place he fills (I, 3). For the
    compensation and allowances of such Members, see Sec. 87, infra.

    <>
    \5\The House of Representatives shall chuse their Speaker and other
    Officers; * * *

      The officers of the House are the Speaker, who has always been one of
    its Members and whose term as Speaker must expire with the term as a
    Member; and the Clerk, Sergeant-at-Arms, Chief Administrative Officer,
    and Chaplain (I, 187), no one of whom has ever been chosen from the
    sitting membership of the House and who continue in office until their
    successors are chosen and qualified (I, 187). In one case the officers
    continued through the entire Congress succeeding that in which they were
    elected (I, 244, 263). Former officers include Doorkeeper (abolished by
    the 104th Congress, see Sec. 663a, infra) and Postmaster (abolished
    during the 102d Congress, see Sec. 668, infra). The House formerly
    provided by special rule that the Clerk should continue in office until
    another should be chosen (I, 187, 188, 235, 244). Currently, certain
    statutes impose on the officers duties that contemplate their
    continuance (I, 14, 15; 2 U.S.C. 5602).
      The Speaker, who <> was at
    first elected by ballot, has been chosen viva voce by surname in
    response to a call of the roll since 1839 (I, 187). The Speaker is
    elected by a majority of Members-elect voting by surname, a quorum being

    [[Page 14]]

    present (I, 216; VI, 24; Jan. 7, 1997, p. 117). The Clerk appoints
    tellers for this election (I, 217). Ultimately, the House, and not the
    Clerk, decides by what method it shall elect the Speaker (I, 210). On
    two occasions, by special rules, Speakers were chosen by a plurality of
    votes; but in each case the House by majority vote adopted a resolution
    declaring the result (I, 221, 222). The House has declined to choose a
    Speaker by lot (I, 221).
      The motion to proceed to the election of a Speaker is privileged (I,
    212, 214; VIII, 3383), and debatable unless the previous question is
    ordered (I, 213). Relying on the Act of June 1, 1789 (2 U.S.C. 25), the
    Clerk recognized for nominations for Speaker as being of higher
    constitutional privilege than a resolution to postpone the election of a
    Speaker and instead provide for the election of a Speaker pro tempore
    pending the disposition of certain ethics charges against the nominee of
    the majority party (Jan. 7, 1997, p. 115). On several occasions the
    choice of a Speaker has been delayed for several weeks by contests (I,
    222; V, 5356, 6647, 6649; VI, 24). The contest over the election of a
    Speaker in 1923 was resolved after a procedure for the adoption of rules
    for the 68th Congress had been presented (VI, 24). In 1860 the voting
    for Speaker proceeded slowly, being interspersed with debate (I, 223),
    and in one instance the House asked candidates for Speaker to state
    their views before proceeding to election (I, 218).
      A proposition <> to elect a Speaker is in order at any time a vacancy exists
    and presents a question of the highest privilege (VIII, 3383). Upon a
    vacancy in the Office of Speaker, the House elects a new Speaker either
    viva voce following nominations (in the case in which a Speaker has died
    between sessions of Congress or resigned) or by resolution (in the case
    in which a Speaker has died during a session of Congress). For example,
    in the case in which the Speaker had died between sessions of Congress,
    the Clerk at the next session called the House to order, ascertained the
    presence of a quorum, and then the House proceeded to elect a successor
    viva voce following nominations (I, 234; Jan. 10, 1962, p. 5). In a case
    in which the Speaker died during a session of Congress, but not while
    the House was sitting, the Clerk on the following day called the House
    to order and the Speaker's successor was elected by resolution (June 4,
    1936, p. 9016; Sept. 16, 1940, p. 12231). In a case in which the Speaker
    resigned ``on the election of my successor'' (May 31, 1989, p. 10440),
    he entertained nominations for Speaker and, following the roll call,
    declared the winner of the election ``duly elected Speaker'' (June 6,
    1989, p. 10801). In one instance a Speaker resigned on the last day of
    the Congress, and the House unanimously adopted a motion to elect a
    successor for the day (I, 225).
      Form of resolution offered on death of a Speaker (Sept. 16, 1940, p.
    12232; Jan. 10, 1962, p. 9) and of a former Speaker (VIII, 3564; Mar. 7,
    1968, p. 5742; H. Res. 328, Jan. 25, 1994, p. 89; H. Res. 418, Feb. 8,
    2000, p. 834; H. Res. 383, Oct. 22, 2013, p. _). A resolution declaring
    vacant the Office of Speaker is presented as a matter of high
    constitutional privilege

    [[Page 15]]

    (VI, 35). Speakers have resigned by rising in their place and addressing
    the House (I, 231, 233), by calling a Member to the Chair and tendering
    the resignation verbally from the floor (I, 225), by tendering the
    resignation during recognition under a question of personal privilege
    (May 31, 1989, p. 10440), or by sending a letter that the Clerk reads to
    the House at the beginning of a new session (I, 232). When the Speaker
    resigns no action of the House excusing him from service is taken (I,
    232). Instance wherein the Speaker, following a vote upon an essential
    question indicating a change in the party control of the House,
    announced that under the circumstances it was incumbent upon the Speaker
    to resign or to recognize for a motion declaring vacant the Office of
    Speaker (VI, 35). In the 108th Congress the House adopted clause 8(b)(3)
    of rule I, under which the Speaker is required to deliver to the Clerk a
    list of Members in the order in which each shall act as Speaker pro
    tempore in the case of a vacancy in the Office of Speaker (sec. 2(a), H.
    Res. 5, Jan. 7, 2003, p. 7). The Speaker delivered to the Clerk the
    first such letter on February 10, 2003 (Mar. 13, 2003, p. 6118).
    <>   The effect of a law to regulate the action of the House in
    choosing its own officers has been discussed (IV, 3819), and such a law
    has been considered of doubtful validity (V, 6765, 6766) in theory and
    practice (I, 241, 242). The Legislative Reorganization Act of 1946 (2
    U.S.C. 5501) authorizes the Speaker to fill temporary vacancies in the
    offices of Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
    Chaplain. For a history of the Speaker's exercise of such authority, see
    Sec. 640, infra;  and, for further information on the elections of
    officers, see Deschler, ch. 6.
       <> It has
    been held that the Act of June 1, 1789 (2 U.S.C. 25) binds the House to
    elect a Clerk before proceeding to business (I, 237, 241; contrast, I,
    242, 244). When a vacancy arises in the Office of Clerk during a
    session, business has intervened before the election of a new Clerk (I,
    239).

    * * * <> and
    [the House of Representatives] shall have the sole Power of Impeachment.

      In 1868 the Senate ceased in its rules to describe the House, acting
    in an impeachment, as the ``grand inquest of the nation'' (III, 2126).
    See also art. II, sec. 4 (Sec. 173, infra); Deschler, ch. 14.
      A Federal court having subpoenaed certain evidence gathered by a
    committee of the House in an impeachment inquiry, the House adopted a
    resolution granting such limited access to the evidence as would not
    infringe upon its sole power of impeachment (Aug. 22, 1974, p. 30047).
      Until the law expired on June 30, 1999, an independent counsel was
    required to advise the House of any substantial and credible information

    [[Page 16]]

    that may constitute grounds for impeachment of an officer under
    investigation (28 U.S.C. 595(c)). For a description of impeachment
    proceedings prompted by a communication from an independent counsel, see
    Sec. 176, infra.

      Section 3. \1\[The Senate <> of the United States shall be composed of two Senators
    from each State, chosen by the Legislature thereof, for six Years; and
    each Senator shall have one Vote.]

      This provision was changed by the 17th amendment.

      \2\Immediately <> after they shall be assembled in Consequence of the first
    Election, they shall be divided as equally as may be into three Classes.
    The Seats of the Senators of the first Class shall be vacated at the
    Expiration of the second Year, of the second Class at the Expiration of
    the fourth Year, and of the third Class at the Expiration of
    the <> sixth Year,
    so that one-third may be chosen every second Year; [and if Vacancies
    happen by Resignation, or otherwise, during the Recess of the
    Legislature of any State, the Executive thereof may make temporary
    Appointments until the next Meeting of the Legislature, which shall then
    fill such Vacancies.]

      That part of the above paragraph in brackets was changed by the 17th
    amendment.

      \3\No Person <> shall be a
    Senator who shall not have attained to the Age of thirty Years, and been
    nine Years a Citizen of the United States, and who shall not,

    [[Page 17]]

    when elected, be an Inhabitant of that State for which he shall be
    chosen.

      In 1794 the Senate decided that Albert Gallatin was disqualified, not
    having been a citizen nine years although he had served in the war of
    Independence and was a resident of the country when the Constitution was
    formed (I, 428); and in 1849 that James Shields was disqualified, not
    having been a citizen for the required time (I, 429). But in 1870 the
    Senate declined to examine as to H. R. Revels, a citizen under the
    recently adopted 14th amendment (I, 430). As to inhabitancy the Senate
    seated one who, being a citizen of the United States, had been an
    inhabitant of the State from which he was appointed for less than a year
    (I, 437). Also one who, while stationed in a State as an army officer
    had declared his intention of making his home in the State, was admitted
    by the Senate (I, 438). A Senator who at the time of his election was
    actually residing in the District of Columbia as an officeholder, but
    who voted in his old home and had no intent of making the District his
    domicile, was held to be qualified (I, 439).

      \4\The Vice <> President
    of the United States shall be President of the Senate, but shall have no
    Vote, unless they be equally divided.

      The right of the Vice President to vote has been construed to extend
    to questions relating to the organization of the Senate (V, 5975), as
    the election of officers of the Senate (V, 5972-5974), or a decision on
    the title of a claimant to a seat (V, 5976, 5977). The Senate has
    declined to make a rule relating to the vote of the Vice President (V,
    5974).

    <>   \5\The Senate shall chuse their other Officers, and also
    a President pro tempore, in the Absence of the Vice President, or when
    he shall exercise the Office of President of the United States.

      In the 107th Congress the Senate elected two Presidents of the Senate
    pro tempore for different periods when the majority of the Senate
    shifted after inauguration of the Vice President (S. Res. 3, Jan. 3,
    2001, p. 7).

    -  \6\The Senate <> shall have the sole Power to try all Impeachments.
    When sitting for that Purpose, they shall be on Oath or Affirmation.
    When the President

    [[Page 18]]

    of the United States is tried, the Chief Justice shall preside: And no
    Person shall be convicted without the Concurrence of two thirds of the
    Members present.

      For the exclusive power of the Senate to try impeachments under the
    United States Constitution, see Ritter v. United States, 84 Ct. Cl. 293
    (1936), cert. denied, 300 U.S. 668 (1937). See also Mississippi v.
    Johnson, 71 U.S. (4 Wall.) 475 (1867) (dictum). For the
    nonjusticiability of a claim that a Senate impeachment rule (XI)
    violates the impeachment trial clause by delegating to a committee of 12
    Senators the responsibility to receive evidence, hear testimony, and
    report to the Senate thereon, see Nixon v. United States, 506 U.S. 224
    (1993). For a discussion of Senate impeachment procedures, see
    Sec. Sec. 608-20, infra.

      \7\Judgment in <> Cases of Impeachment shall not extend further than to
    removal from Office, and disqualification to hold and enjoy any Office
    of honor, Trust or Profit under the United States: but the Party
    convicted shall nevertheless be liable and subject to Indictment, Trial,
    Judgment and Punishment, according to Law.

      There has been discussion as to whether or not the Constitution
    requires both removal and disqualification on conviction (III, 2397);
    but in the case of Pickering, the Senate decreed only removal (III,
    2341). In the case of Humphreys, judgment of both removal and
    disqualification was pronounced (III, 2397). In the Ritter case, it was
    first held that upon conviction of the respondent, judgment of removal
    required no vote, following automatically from conviction under article
    II, section 4 (Apr. 17, 1936, p. 5607). In the 99th Congress, having
    tried to conviction the first impeachment case against a Federal
    district judge since 1936, the Senate ordered his removal from office
    (Oct. 9, 1986, p. 29870). In the 101st Congress, two other Federal
    district judges were removed from office following their convictions in
    the Senate (Oct. 20, 1989, p. 25335; Nov. 3, 1989, p. 27101). In the
    111th Congress, a Federal district judge was removed from office
    following his conviction in the Senate (Dec. 8, 2010, p. 19349). For a
    further discussion of judgments in cases of impeachment, see Sec. 619,
    infra.

    [[Page 19]]

      Section 4. \1\The Times, <> Places and Manner of
    holding Elections for Senators and Representatives, shall be prescribed
    in each State by the Legislature thereof; but the Congress may at any
    time by Law make or alter such Regulations, except as to the places of
    chusing Senators.

      The relative powers of the Congress and the States under this
    paragraph have been the subject of much discussion (I, 311, 313, 507,
    footnote); but Congress has in fact fixed by law the time of elections
    (I, 508; VI, 66; 2 U.S.C. 7), and has controlled the manner to the
    extent of prescribing a ballot or voting machine (II, 961; VI, 150; 2
    U.S.C. 9). When a State delegated to a municipality the power to
    regulate the manner of holding an election, a question arose (II, 975).
    A question has arisen as to whether or not a State, in the absence of
    action by Congress, might make the time of election of Members of
    Congress contingent on the time of the State election (I, 522). This
    paragraph gives Congress the power to protect the right to vote in
    primaries in which they are an integral part of the election process.
    United States v. Wurzbach, 280 U.S. 396 (1930); United States v.
    Classic, 313 U.S. 299 (1941). Congress may legislate under this
    paragraph to protect the exercise of the franchise in congressional
    elections. Ex parte Siebolt, 100 U.S. 371 (1880); Ex parte Yarbrough,
    110 U.S. 651 (1884).
      The meaning of <> the word ``legislature'' in this
    clause of the Constitution has been the subject of discussion (II, 856),
    as to whether or not it means a constitutional convention as well as a
    legislature in the commonly accepted meaning of the word (I, 524). The
    House has sworn in Members chosen at an election the time, etc., of
    which was fixed by the schedule of a constitution adopted on that
    election day (I, 519, 520, 522). But the House held that where a
    legislature has been in existence a constitutional convention might not
    exercise the power (I, 363, 367). It has been argued generally that the
    legislature derives the power herein discussed from the Federal and not
    the State Constitution (II, 856, 947), and therefore that the State
    constitution might not in this respect control the State legislature
    (II, 1133). The House has sustained this view by its action (I, 525).
    But where the State constitution fixed a date for an election and the
    legislature had not acted, although it had the opportunity, the House
    held the election valid (II, 846). Title III of the Legislative Branch
    Appropriations Act, 2006, amended Federal election law to require States
    to hold special elections for the House within 49 days after a vacancy
    is announced by the Speaker in the extraordinary circumstance that vacan

    [[Page 20]]

    cies in representation from the States exceed 100 (P.L. 109-55; 2 U.S.C.
    8).
      Decisions <> of the Supreme
    Court of the United States: Ex parte Siebold, 100 U.S. 371 (1880); Ex
    parte Clark, 100 U.S. 399 (1880); Ex parte Yarbrough, 110 U.S. 651
    (1884); In re Coy, 127 U.S. 731 (1888); Ohio v. Hildebrant, 241 U.S. 565
    (1916); United States v. Mosley, 238 U.S. 383 (1915); United States  v.
    Gradwell, 243 U.S. 476 (1917); Newberry v. United States, 256 U.S. 232
    (1921); Smiley v. Holm, 285 U.S. 355 (1932); United States v. Classic,
    313 U.S. 299 (1941); Smith v. Allwright, 321 U.S. 649 (1944); Roudebush
    v. Hartke, 405 U.S. 15 (1972); Storer v. Brown, 415 U.S. 724 (1974);
    Buckley v. Valeo, 424 U.S. 1 (1976); U.S. Term Limits, Inc., v. Thorton,
    514 U.S. 779 (1995); and Foster v. Love, 522 U.S. 67 (1997). In Public
    Law 91-285, Congress lowered the minimum age of voters in all Federal,
    State, and local elections from 21 to 18 years. In Oregon v. Mitchell,
    400 U.S. 112 (1970), the Supreme Court upheld the power of Congress
    under article I, section 4 and under section 5 of the 14th amendment to
    the Constitution to fix the age of voters in Federal elections, but held
    that the 10th amendment to the Constitution reserved to the States the
    power to establish voter age qualifications in State and local
    elections. The 26th amendment to the Constitution extended the right of
    persons 18 years of age or older to vote in elections held under State
    authority.

      \2\[The Congress <> shall
    assemble at least once in every Year, and such Meeting shall be on the
    first Monday in December, unless they shall by Law appoint a different
    Day.]

      This provision has been superseded by the 20th amendment.
      In the later but not the earlier practice (I, 5), before the 20th
    amendment, the fact that Congress had met once within the year did not
    make uncertain the constitutional mandate to meet on the first Monday of
    December (I, 6, 9-11). Early Congresses, convened either by proclamation
    or law on a day earlier than the constitutional day, remained in
    continuous session to a time beyond that day (I, 6, 9-11). But in the
    later view an existing session ends with the day appointed by the
    Constitution for the regular annual session (II, 1160); see Sec. 84,
    infra. Congress has frequently appointed by law a day for the meeting
    (I, 4, 5, 10-12, footnote; see also Sec. 243, infra).

      Section 5. \1\Each <> House shall be the Judge of the
    Elections, Returns and Qualifications of its own Members, * * *.

    [[Page 21]]

      In judging the qualifications of its Members, the House may not add
    qualifications to those expressly stated in the United States
    Constitution. Powell v. McCormack, 395 U.S. 486 (1969). This phrase
    allows the House or Senate to deny the right to a seat without
    unlawfully depriving a State of its right to equal representation. Barry
    v. United States ex rel. Cunningham, 279 U.S. 597 (1929). But a State
    may conduct a recount of votes without interfering with the authority of
    the House under this phrase. Roudebush v. Hartke, 405 U.S. 15 (1972).
    For discussion of the power of the House to judge elections, see
    Deschler, ch. 8 (elections) and ch. 9 (election contests); for
    discussion of the power of the House to judge qualifications, see
    Deschler, ch. 7.
      The House has the same authority to determine the right of a Delegate
    to a seat that it has in the case of a Member (I, 423). The House may
    not delegate the duty of judging its elections to another tribunal (I,
    608), and the courts of a State have no role in such matters (II, 959).
    The House has once examined the relations of this power to the power to
    expel (I, 469).
      As nearly all <> the laws governing the elections of
    Representatives in Congress are State laws, questions have often arisen
    as to the relation of this power of judging to those laws (I, 637). The
    House decided very early that the certificate of a State executive
    issued in strict accordance with State law does not prevent examination
    of the votes by the House and a reversal of the return (I, 637). The
    House has also held that it is not confined to the conclusions of
    returns made up in strict conformity to State law, but may examine the
    votes and correct the returns (I, 774); and the fact that a State law
    gives canvassers the right to reject votes for fraud and irregularities
    does not preclude the House from going behind the returns (II, 887). The
    highest court in one State (Colorado) has ruled that it lacked
    jurisdiction to pass upon a candidate's allegations of irregularities in
    a primary election and that the House had exclusive jurisdiction to
    decide such questions and to declare the rightful nominee (Sept. 23,
    1970, p. 33320).
      When the question <> concerns not the acts of returning
    officers, but the act of the voter in voting, the House has found more
    difficulty in determining the proper exercise of its constitutional
    power. Although the House has always acted on the principle of giving
    expression to the intent of the voter (I, 575, 639, 641; II, 1090), it
    has held that a mandatory State law, even though arbitrary, may cause
    the rejection of a ballot on which the intent of the voter is plain (II,
    1009, 1056, 1077, 1078, 1091). See Deschler, ch. 8, Sec. 8.11, for
    discussion of distinction between directory State laws governing the
    conduct of election officials as to ballots, and mandatory laws
    regulating the conduct of voters.

    [[Page 22]]

      Where the State <> courts have upheld a State election
    law as constitutional the House does not ordinarily question the law
    (II, 856, 1071). But if there has been no such decision the House, in
    determining its election cases, has passed on the validity of State laws
    under State constitutions (II, 1011, 1134), and has acted on its
    decision that they were unconstitutional (II, 1075, 1126), but it is not
    the policy of the House to pass upon the validity of State election laws
    alleged to be in conflict with the State constitution (VI, 151).
      The courts of <> a State do not have a direct role in
    judging the elections, qualifications, and returns of Representatives in
    Congress (II, 959), but where the highest State court has interpreted
    the State law the House has concluded that it should generally be
    governed by this interpretation (I, 645, 731; II, 1041, 1048), but does
    not consider itself bound by such interpretations (VI, 58), especially
    by a decision on an analogous but not the identical question in issue
    (II, 909); and where the alleged fraud of election judges was in issue,
    the acquittal of those judges in the courts was held not to be an
    adjudication binding on the House (II, 1019). For a recent illustration
    of a protracted election dispute lasting four months see House Report
    99-58, culminating in House Resolution 146 of the 99th Congress (May 1,
    1985, p. 9998).
      The statutes of <> the United States
    provide specific methods for institution of a contest as to the title to
    a seat in the House (I, 678, 697-706) (2 U.S.C. 381-396), which the
    House regards as not of absolute binding force, but rather a prudent
    rule not to be departed from except for cause (I, 597, 719, 825, 833).
    It sometimes by resolution modifies the procedure prescribed by the law
    (I, 449, 600).
      Decisions <> of the Supreme
    Court of the United States: In re Loney, 134 U.S. 317 (1890); Reed v.
    County Commissioners, 277 U.S. 376 (1928); Barry v. United States ex
    rel. Cunningham, 279 U.S. 597 (1929); Roudebush v. Hartke, 405 U.S. 15
    (1972).

      * * * and a <> Majority of each [House]
    shall constitute a Quorum to do Business; but a smaller Number may
    adjourn from day to day, and may be authorized to compel the Attendance
    of absent Members, in such Manner, and under such Penalties as each
    House may provide.

    [[Page 23]]

      Out of conditions <> arising between 1861 and 1891 the
    rule was established that a majority of the Members chosen and living
    constituted the quorum required by the Constitution (IV, 2885-2888); but
    later examination has resulted in a decision confirming in the House of
    Representatives the construction established in the Senate that a quorum
    consists of a majority of Senators duly chosen and sworn (I, 630; IV,
    2891-2894). So the decision of the House now is that after the House is
    once organized the quorum consists of a majority of those Members
    chosen, sworn, and living whose membership has not been terminated by
    resignation or by the action of the House (IV, 2889, 2890; VI, 638).
    Under clause 5(d) of rule XX, when a vacancy occurs or when a new Member
    is sworn, the Speaker announces the resulting adjustment in the whole
    number of the House (see Sec. 1024b, infra). Under clause 5(c) of rule
    XX, the House may establish a provisional number of the House where, due
    to catastrophic circumstances, a quorum fails to appear (sec. 2(h), H.
    Res. 5, Jan. 4, 2005, p. 43; see Sec. 1024a, infra).
      For many years <> a quorum was determined only by noting the
    number of Members voting (IV, 2896, 2897), with the result that Members
    by refusing to vote could often break a quorum and obstruct the public
    business (II, 1034; IV, 2895, footnote; V, 5744). However, in 1890
    Speaker Reed directed the Clerk to enter on the Journal as part of the
    record of a yea-and-nay vote names of Members present but not voting,
    thereby establishing a quorum of record (IV, 2895). This decision, which
    was upheld by the Supreme Court (IV, 2904; United States v. Ballin, 144
    U.S. 1 (1892)), established the principle that a quorum present made
    valid any action by the House, although an actual quorum might not vote
    (I, 216, footnote; IV, 2932). Thenceforth the point of order as to a
    quorum was required to be that no quorum was present and not that no
    quorum had voted (IV, 2917). At the time of the establishment of this
    principle the Speaker revived the count by the Chair as a method of
    determining the presence of a quorum at a time when no record vote was
    ordered (IV, 2909). The Speaker has permitted his count of a quorum to
    be verified by tellers (IV, 2888), but has not conceded it as a right of
    the House to have tellers under the circumstances (IV, 2916; VI, 647-
    651; VIII, 2369, 2436), claiming that the Chair might determine the
    presence of a quorum in such manner as he should deem accurate and
    suitable (IV, 2932). The Chair counts all Members in sight, whether in
    the cloak rooms, or within the bar (IV, 2970; VIII, 3120). Later, as the
    complement to the new view of the quorum, the early theory that the
    presence of a quorum was as necessary during debate or other business as
    on a vote was revived (IV, 2935-2949). Also, a line of rulings made
    under the old theory was overruled; and it was established that the
    point of no quorum might be made after the House had declined to verify
    a division by tellers or the yeas

    [[Page 24]]

    and nays (IV, 2918-2926). For a discussion of the Ballin decision and
    the Chair's count to determine a quorum, see House Practice, ch. 43,
    Sec. 5.
      The absence of <> a quorum having been disclosed, there must be a quorum of
    record before the House may proceed to business (IV, 2952, 2953; VI,
    624, 660, 662), and the point of no quorum may not be withdrawn even by
    unanimous consent after the absence of a quorum has been ascertained and
    announced by the Chair (IV, 2928-2931; VI, 657; Apr. 13, 1978, p. 10119;
    Sept. 25, 1984, p. 26778). But when an action has been completed, it is
    too late to make the point of order that a quorum was not present when
    it was done (IV, 2927; VI, 655). But where action requiring a quorum was
    taken in the ascertained absence of a quorum by ruling of a Speaker pro
    tempore, the Speaker on the next day ruled that the action was null and
    void (IV, 2964; see also VIII, 3161). But such absence of a quorum
    should appear from the Journal if a legislative act is to be vacated for
    such reason (IV, 2962), and where the assumption that a quorum was
    present when the House acted was uncontradicted by the Journal, it was
    held that this assumption might not be overthrown by expressions of
    opinion by Members individually (IV, 2961).
      Major revisions in the House rules concerning the necessity and
    establishment of a quorum occurred in the 94th, 95th, and 96th
    Congresses. Under the practice in the 93d Congress, for example, a point
    of no quorum would prevent the report of the chair of a Committee of the
    Whole (VI, 666); but in the 93d Congress clause 7 of rule XX (formerly
    clause 6 of rule XV) was adopted to provide that after the presence of a
    quorum is once ascertained on any day, a point of no quorum could not be
    entertained after the Committee had risen and pending the report of the
    chair to the House. Clause 7 of rule XX now specifically precludes a
    point of no quorum unless a question has been put to a vote. However,
    the Speaker retains the right to recognize a Member to move a call of
    the House at any time (but may, under clause 7(c) of rule XX, recognize
    for a call of the House after the previous question has been ordered
    only when the Speaker determines by actual count that a quorum is not
    present). A point of order of no quorum during debate only in the House
    does not lie independently under this clause of the Constitution because
    clause 7 of rule XX (formerly clause 6 of rule XV) is a proper exercise
    of the House's constitutional rulemaking authority that can be
    interpreted consistently with the requirement that a quorum be present
    to conduct business (as opposed to mere debate) (Sept. 8, 1977, p.
    28114; Sept. 12, 1977, p. 28800).
      Before these changes to rule XX (formerly rule XV), a quorum was
    required at all times during the reading of the Journal (IV, 2732, 2733;
    VI, 625, 629) or messages from the President or the Senate (IV, 3522);
    but the modern practice would require the presence of a quorum only when
    the question is put on a pending motion or proposition in the House such
    as on a motion incident to the reading, amendment, or approval of the
    Journal or on the referral or other disposition of other papers read to
    the

    [[Page 25]]

    House. The practice in the Committee of the Whole is now governed by
    clause 6 of rule XVIII. No motion is in order on the failure of a quorum
    but the motions to adjourn and for a call of the House (IV, 2950; VI,
    680) and the motion to adjourn has precedence over the motion for a call
    of the House (VIII, 2642). A call of the House is in order under the
    Constitution before the adoption of the rules (IV, 2981). Those present
    on a call of the House may prescribe a fine as a condition on which an
    arrested Member may be discharged (IV, 3013, 3014), but this is rarely
    done. A quorum is not required on motions incidental to a call of the
    House (IV, 2994; VI, 681; Oct. 8, 1940, p. 13403; Oct. 8, 1968, p.
    30090). Adjournment sine die is in order notwithstanding the absence of
    a quorum if both Houses have already adopted a concurrent resolution
    providing for an adjournment sine die on that day (Oct. 18, 1972, p.
    37200).
      At the time <> of organization the two Houses inform one another of the
    appearance of the quorum in each, and the two Houses jointly inform the
    President (I, 198-203). A message from one House that its quorum has
    appeared is not delivered in the other until a quorum has appeared there
    also (I, 126). But at the beginning of a second session of a Congress
    the House proceeded to business, although a quorum had not appeared in
    the Senate (I, 126). At the beginning of a second session of a Congress
    unsworn Members-elect were taken into account in ascertaining the
    presence of a quorum (I, 175); however, at the beginning of the second
    session of the 87th Congress, the Clerk called the House to order,
    announced the death of Speaker Rayburn during the adjournment sine die,
    and did not call unsworn Members-elect or Members who had resigned
    during the hiatus to establish a quorum or elect a new Speaker (Jan. 10,
    1962, p. 5). In both Houses the oath has been administered to Members-
    elect in the absence of a quorum (I, 174, 181, 182; VI, 22), although in
    one case the Speaker objected to such proceedings (II, 875). Prayer by
    the Chaplain is not business requiring the presence of a quorum and the
    Speaker declines to entertain a point of no quorum before prayer is
    offered (VI, 663; clause 7 of rule XX).
      Decisions <> of the Supreme
    Court of the United States: Kilbourn v. Thompson, 103 U.S. 190 (1880);
    United States v. Ballin, 144 U.S. 1 (1892); Burton v. United States, 202
    U.S. 344 (1906).

    <>   \2\Each House may
    determine the Rules of its Proceedings, * * *

      The power of <> each House of Representatives to make its own rules may
    not be impaired or controlled by the rules of a preceding House (I, 187,
    210; V, 6002, 6743-6747), or by a law passed by a prior Congress (I, 82,
    245; IV, 3298, 3579; V, 6765, 6766). The House in adopting its rules
    may, however, incorporate by reference as a part thereof all applicable
    provisions

    [[Page 26]]

    of law that constituted the Rules of the House at the end of the
    preceding Congress (e.g., H. Res. 5, 95th Cong., Jan. 4, 1977, pp. 53-
    70) and has also incorporated provisions of concurrent resolutions that
    were intended to remain applicable under the Budget Act (e.g., H. Res.
    5, 107th Cong., Jan. 3, 2001, p. 25). The House twice reaffirmed free-
    standing directives to the Committee on Standards of Official Conduct
    (now Ethics) contained in a simple House resolution (H. Res. 168, 105th
    Cong., p. 19317, reaffirmed for the 106th Congress by sec. 2(c), H. Res.
    5, Jan. 6, 1999, p. 47, and reaffirmed for the 107th Congress with an
    exception by sec. 3(a), H. Res. 5, Jan. 3, 2001, p. 24; see Sec. 806,
    infra). In the 108th Congress those free-standing directives were
    codified in clause 3 of rule XI (sec. 2(h), H. Res. 5, Jan. 7, 2003, p.
    7). Ordinary rights and functions of the House under the Constitution
    are exercised in accordance with the rules (III, 2567), and under later
    decisions questions of so-called constitutional privilege should also be
    considered in accordance with the rules (VI, 48; VII, 889; Apr. 8, 1926,
    p. 7147). But a law passed by an existing Congress with the concurrence
    of the House has been recognized by that House as of binding force in
    matters of procedure (V, 6767, 6768). In exercising its constitutional
    power to change its rules the House may confine itself within certain
    limitations (V, 6756; VIII, 3376); but the attempt of the House to
    deprive the Speaker of a vote as a Member by a rule was successfully
    resisted (V, 5966, 5967). Although the Act of June 1, 1789 (see 2 U.S.C.
    25) requires the election of a Clerk before the House proceeds to
    business, the House has held that it may adopt rules before electing a
    Clerk (I, 245). Although the Speaker ceases to be an officer of the
    House with the expiration of a Congress, the Clerk, by old usage,
    continues in a new Congress (I, 187, 188, 235, 244; see 2 U.S.C. 26).
    The House has adopted a rule before election of a Speaker (I, 94, 95);
    but in 1839 was deterred by the Act of June 1, 1789 and the Constitution
    from adopting rules before the administration of the oath to Members-
    elect (I, 140). The earlier theory that an officer might be empowered to
    administer oaths by a rule of either House has been abandoned in later
    practice and the authority has been conferred by law (III, 1823, 1824,
    2079, 2303, 2479; 2 U.S.C. 191).
      Before the adoption <> of rules the House is governed by general
    parliamentary law, but Speakers have been inclined to give weight to the
    rules and precedents of the House in modifying the usual constructions
    of that law (V, 5604, 6758-6760; VIII, 3384; Jan. 3, 1953, p. 24; Jan.
    10, 1967, p. 14). The general parliamentary law as understood in the
    House is founded on Jefferson's Manual as modified by the practice of
    American legislative assemblies, especially of the House of
    Representatives (V, 6761-6763; Jan. 3, 1953, p. 24), but the provisions
    of the House's accustomed rules are not necessarily followed (V, 5509).
    Before the adoption of rules, the statutory enactments incorporated into
    the rules of the prior Congress as an exercise of the rulemaking power
    do not control the proceedings

    [[Page 27]]

    of the new House until it adopts rules incorporating those provisions
    (Jan. 22, 1971, p. 132).
      Before the adoption of rules, it is in order for any Member who is
    recognized by the Chair to offer a proposition relating to the order of
    business without asking consent of the House (IV, 3060). Relying on the
    Act of June 1, 1789 (2 U.S.C. 25), the Clerk recognized for nominations
    for Speaker as being of higher constitutional privilege than a
    resolution to postpone the election of a Speaker and instead provide for
    the election of a Speaker pro tempore pending the disposition of certain
    ethics charges against the nominee of the majority party (Jan. 7, 1997,
    p. 115). The Speaker may recognize the Majority Leader to offer an
    initial resolution providing for the adoption of the rules as a question
    of privilege in its own right (IV, 3060; Deschler, ch. 1, Sec. 8), even
    before recognizing another Member to offer as a question of privilege
    another resolution calling into question the constitutionality of that
    resolution (Speaker Foley, Jan. 5, 1993, p. 49). The Speaker also may
    recognize a Member to offer for immediate consideration a special order
    providing for the consideration of a resolution adopting the rules
    (Speaker Gingrich, H. Res. 5, Jan. 4, 1995, p. 447; H. Res. 5, Jan. 4,
    2007, p. 7). The resolution adopting rules for a Congress has included a
    special order of business for consideration of specified legislation
    (sec. 108, H. Res. 6, Jan. 4, 1995, p. 463; sec. 3, H. Res. 5, Jan. 6,
    1999, p. 76; secs. 506-510, H. Res. 6, Jan. 4, 2007, p. 30; sec. 5, H.
    Res. 5, Jan. 6, 2009, p. 10). The Speaker held as not cognizable a point
    of order that a resolution adopting the Rules of the House contained a
    provision that the House had no constitutional authority to adopt,
    stating that the House decides such issues by way of the question of
    consideration or disposition of the resolution (Speaker Hastert, Jan. 4,
    2005, pp. 44-46).
      During debate on the resolution adopting rules, any Member may make a
    point of order that a quorum is not present based upon general
    parliamentary precedents, because the provisions of clause 7 of rule XX
    (formerly clause 6(e) of rule XV) prohibiting the Chair from
    entertaining such a point of order unless the question has been put on
    the pending proposition are not yet applicable (Jan. 15, 1979, p. 10).
    Before adoption of rules, under general parliamentary law as modified by
    usage and practice of the House, an amendment may be subject to the
    point of order that it is not germane to the proposition to which
    offered (Jan. 3, 1969, p. 23). Before adoption of rules, the Speaker may
    maintain decorum by directing a Member who has not been recognized in
    debate beyond an allotted time to be removed from the well and by
    directing the Sergeant-at-Arms to present the mace as the traditional
    symbol of order (Jan. 3, 1991, p. 58).
      The motion to commit is permitted after the previous question has been
    ordered on the resolution adopting the rules (V, 5604; Jan. 3, 1989, p.
    81; Jan. 3, 1991, p. 61) but is not debatable (Jan. 7, 1997, p. 139). It
    is the prerogative of the minority to offer a motion to commit even
    before the adoption of the rules, but at that point the proponent need
    not qualify as opposed to the resolution (Jan. 3, 1991, p. 61; Jan. 4,
    1995, p. 457).

    [[Page 28]]

    Such a motion to commit is not divisible, but if it is agreed to and
    more than one amendment is reported back pursuant thereto, then separate
    votes may be had on the reported amendments (Jan. 5, 1993, p. 98). The
    motion to refer has also been permitted upon the offering of a
    resolution adopting the rules, and before debate thereon, subject to the
    motion to lay on the table (Jan. 5, 1993, p. 52; Jan. 5, 2011, p. 83;
    Jan. 3, 2013, p. _; Jan. 6, 2015, p. _).
      The two Houses <> of Congress adopted in
    the early years of the Government joint rules to govern their procedure
    in matters requiring concurrent action; but in 1876 these joint rules
    were abrogated (IV, 3430; V, 6782-6787). The most useful of their
    provision continued to be observed in practice, however (IV, 3430; V,
    6592).
      Decisions <> of the Supreme
    Court of the United States: United States v. Smith, 286 U.S. 6 (1932);
    Christoffel v. United States, 338 U.S. 84 (1949); United States v.
    Bryan, 339 U.S. 323 (1950); Yellin v. United States, 374 U.S. 109
    (1963); Powell v. McCormack, 395 U.S. 486 (1969).

      * * * [Each House may] <> punish its Members for disorderly Behaviour, and, with the
    Concurrence of two thirds, expel a Member.

      Among the <> punishments that the House may impose under this provision,
    the rules of the Committee on Ethics outline the following: (1)
    expulsion from the House; (2) censure; (3) reprimand; (4) fine; (5)
    denial or limitation of any right, power, privilege, or immunity of the
    Member if not in violation of the Constitution; or (6) any other
    sanction determined by the Committee to be appropriate (rule 24,
    Committee on Ethics, 114th Cong.). Under rule 10 of the rules of that
    committee, a statement of alleged violation must be proven by clear and
    convincing evidence.
      In action for censure or expulsion, the House has discussed whether or
    not the principles of the procedure of the courts should be followed
    (II, 1255, 1264). The House, in a proceeding for expulsion, declined to
    give the Member a trial at the bar (II, 1275); but the Senate has
    permitted a counsel to appear at its bar (II, 1263), although it
    declined to grant a request for a specific statement of charges or
    compulsory process for witnesses (II, 1264). In one instance, pending
    consideration of a resolution to censure a Member, the Speaker informed
    him that he should retire (II, 1366), but this is not usual. Members or
    Senators, against whom resolutions have been pending, have participated
    in debate either by consent to make a personal explanation (II, 1656) or
    without question as to consent (II, 1246, 1253, 1269, 1286). A Member
    against whom a resolution of censure was pending was asked by the
    Speaker if he desired to be heard (VI, 236). However, after the House
    had voted to censure and the Member

    [[Page 29]]

    had been brought to the bar by the Sergeant-at-Arms to be censured, it
    was held that he might not then be heard (II, 1259). In the modern
    practice, the manager of the resolution proposing the punishment (who
    controls the entire hour) yields a portion of the time to the accused
    (Oct. 2, 1980, p. 28966; July 24, 2002, p. 14309; Dec. 2, 2010, p.
    18721). On one occasion, the House extended debate on the resolution for
    a specified period and yielded that entire time to the Member who was
    the subject of the resolution (July 24, 2002, p. 14310). The manager of
    the resolution has the right to close debate, not the Member who is the
    subject of the resolution (July 24, 2002, p. 14313). Where the manager
    of a resolution has divided the hour three ways, the Chair announced
    that the order of closing speeches would be as follows: the minority
    manager of the resolution, the subject of the resolution, and the
    manager of the resolution (July 24, 2002, p. 14314). Debate on a
    resolution recommending a disciplinary sanction against a Member may not
    exceed the scope of the conduct of the accused Member (Dec. 18, 1987, p.
    36271).
      A resolution recommending reprimand, censure, or expulsion of a Member
    presents a question of privilege (II, 1254; III, 2648-2651; VI, 236;
    Dec. 9, 1913, pp. 584-86; July 26, 1990, p. 19717; May 22, 2007, p.
    13525; Oct. 23, 2007, p. 27966; July 31, 2008, pp. 17463, 17464), as
    does one disapproving of the behavior of a Member inside (Sept. 15,
    2009, p. 21662; Mar. 18, 2010, pp. 3847, 3848) or outside (Dec. 20,
    2011, p. _) the Chamber. If reported by the Committee on Ethics (or a
    derivation thereof), the resolution may be called up at any time after
    the committee has filed its report (Jan. 21, 1997, p. 393; Dec. 2, 2010,
    p. 18721). Before debate, an expulsion resolution is subject to the
    motion to lay on the table (Oct. 1, 1976, p. 35111), to postpone to a
    date certain (Oct. 2, 1980, p. 28953; July 24, 2002, p. 14300), or to
    refer to committee (Mar. 1, 1979, p. 3753). A proposition to censure is
    not germane to a proposition to expel (VI, 236).
      The Senate once expelled several Senators by a single resolution (II,
    1266); however, the House has refused to censure more than one Member by
    a single resolution (II, 1240, 1621).
      In <> the 94th Congress the
    House by adopting a report from the Committee on Standards of Official
    Conduct (now Ethics) reprimanded a Member for failing to report certain
    financial holdings in violation of rule XXVI (formerly rule XLIV) and
    for investing in stock in a Navy bank the establishment of which he was
    promoting, in violation of the Code of Ethics for Government Service (H.
    Res. 1421, July 29, 1976, pp. 24379-82). (For the Code of Ethics for
    Government Service, see H. Con. Res. 175, 85th Cong., 72 Stat. B12.) In
    the 95th Congress following an investigation by the Committee on
    Standards of Official Conduct (now Ethics) into whether Members or
    employees had improperly accepted things of value from the Republic of
    Korea or representatives thereof, the House reprimanded three Members,
    one for falsely answering an unsworn questionnaire relative to such
    gifts and violating the Code of Official Conduct, one for failing to
    report as required

    [[Page 30]]

    by law the receipt of a campaign contribution and violating the Code of
    Official Conduct, and one for failing to report a campaign contribution,
    converting a campaign contribution to personal use, testifying falsely
    to the committee under oath, and violating the Code of Official Conduct
    (Oct. 13, 1978, pp. 36984, 37009, 37017). In the 100th Congress the
    House adopted a resolution reprimanding a Member for ``ghost voting,''
    improperly diverting government resources, and maintaining a ``ghost
    employee'' on his staff (Dec. 18, 1987, p. 36266). In the 101st Congress
    another was reprimanded for seeking dismissal of parking tickets
    received by a person with whom he had a personal relationship and not
    related to official business and for misstatements of fact in a
    memorandum relating to the criminal probation record of that person
    (July 26, 1990, p. 19717). In the 105th Congress the House reprimanded
    the Speaker and ordered him to reimburse a portion of the costs of the
    investigation by the Committee on Standards of Official Conduct (now
    Ethics) (Jan. 21, 1997, p. 393). In the 112th Congress the House by
    adopting a report from the Committee on Ethics reprimanded a Member for
    using official resources of the House for unofficial purposes and
    compelling staff to perform campaign work, and imposed a fine (Aug. 2,
    2012, p. _).
      Censure <> is inflicted by the
    Speaker (II, 1259) and the words are entered in the Journal (II, 1251,
    1656; VI 236), but the Speaker may not pronounce censure except by order
    of the House (VI, 237). When Members have resigned pending proceedings
    for censure, the House has nevertheless adopted the resolutions of
    censure (II, 1239, 1273, 1275, 1656). Members have been censured for
    personalities and other disorder in debate (II, 1251, 1253, 1254, 1259),
    assaults on the floor (II, 1665), for presenting a resolution alleged to
    be insulting to the House (II, 1246), and for corrupt acts (II, 1274,
    1286). For abuse of the leave to print, the House censured a Member
    after a motion to expel him had failed (VI, 236). In one instance
    Members were censured for acts before the election of the then existing
    House (II, 1286). In the 96th Congress two Members were censured by the
    House as follows: (1) A Member who during a prior Congress both
    knowingly increased an office employee's salary for repayment of that
    Member's personal expenses and who was unjustly enriched by clerk-hire
    employees' payments of personal expenses later compensated by salary
    increases, was censured and ordered to repay the amount of the unjust
    enrichment with interest (July 31, 1979, p. 21592); (2) a Member was
    censured for receiving over a period of time sums of money from a person
    with a direct interest in legislation in violation of clause 3 of rule
    XXIII (formerly clause 4 of rule XLIII), and for transferring campaign
    funds into office and personal accounts (June 10, 1980, pp. 13801-20)).
    In the 98th Congress the House adopted two resolutions (as amended in
    the House), each censuring a Member for an improper relationship with a
    House Page in a prior Congress (July 20, 1983, p. 20020 and p. 20030).
    In the 111th Congress, after the House defeated an amendment to instead
    punish by reprimand, a Member was cen

    [[Page 31]]

    sured for using official resources to solicit funds for an educational
    center, failing to file complete financial disclosure forms, accepting
    the benefits of a rent-stabilized residence in a manner creating an
    appearance of impropriety, and failing to pay taxes on certain property,
    and was ordered to pay restitution for such unpaid taxes (Dec. 2, 2010,
    pp. 18729-30).
      Five <> Members have been
    expelled in the history of the House. Among those, three were expelled
    for various offenses related to their service for the Confederacy in the
    Civil War: John B. Clark of Missouri (a Member-elect) (II, 1262, July
    13, 1861); Henry C. Burnett of Kentucky (II, 1261, Dec. 3, 1861); and
    John W. Reid of Missouri (II, 1261, Dec. 6, 1861). Michael J. Myers of
    Pennsylvania was expelled after being convicted in a Federal court of
    bribery and conspiracy for accepting funds to perform official duties
    (Oct. 2, 1980, p. 28978). James A. Traficant of Ohio was expelled after
    being convicted in a Federal court for crimes including (1) trading
    official acts and influence for things of value; (2) demanding and
    accepting salary kickbacks from his congressional employees; (3)
    influencing a congressional employee to destroy evidence and to provide
    false testimony to a Federal grand jury; (4) receiving personal labor
    and the services of his congressional employees while they were being
    paid by the taxpayers to perform public service; and (5) filing false
    income tax returns (July 24, 2002, p. 14319). Three Senators were
    expelled for their association with the Confederates during the Civil
    War (II, 1268-1270).
      The power of expulsion has been the subject of much discussion (I,
    469, 476, 481; II, 1264, 1265, 1269; VI, 56, 398; see Powell v.
    McCormack, 395 U.S. 486 (1969)). In one case a Member-elect who had not
    taken the oath was expelled (II, 1262), and in another case the power to
    do this was discussed (I, 476). In one instance the Senate assumed to
    annul its action of expulsion (II, 1243). The Supreme Court has decided
    that a judgment of conviction under a disqualifying statute does not
    compel the Senate to expel (II, 1282; Burton v. United States, 202 U.S.
    344 (1906)). The power of expulsion in its relation to offenses
    committed before the Members' election has been discussed (II, 1264,
    1284, 1285, 1286, 1288, 1289; VI, 56, 238). In one case the Committee on
    the Judiciary of the House concluded that a Member might not be punished
    for an offense alleged to have been committed against a preceding
    Congress (II, 1283); but the House itself declined to express doubt as
    to its power to expel and proceeded to inflict censure (II, 1286). In
    addition, the 96th Congress punished Members on two occasions for
    offenses committed during a prior Congress (H. Res. 378, July 31, 1979,
    p. 21592; H. Res. 660, June 10, 1980, pp. 13801-20). It has been held
    that the power of the House to expel one of its Members is unlimited; a
    matter purely of discretion to be exercised by a two-thirds vote, from
    which there is no appeal (VI, 78). The resignation of the accused Member
    has always caused a suspension of proceedings for expulsion (II, 1275,
    1276, 1279; VI, 238). Following the expulsion of a Member, the Clerk

    [[Page 32]]

    notifies the Governor of the relevant state of the action of the House
    (July 24, 2002, p. 14319).
      Decisions <> of the Supreme
    Court of the United States: Anderson v. Dunn, 19 U.S. (6 Wheat.) 204
    (1821); Kilbourn v. Thompson, 103 U.S. 168 (1881); United States v.
    Ballin, 144 U.S. 1 (1892); In re Chapman, 166 U.S. 661 (1897); Burton v.
    United States, 202 U.S. 344 (1906); Powell v. McCormack, 395 U.S. 486
    (1969).

      \3\Each House <> shall
    keep a Journal of its Proceedings, and from time to time publish the
    same, excepting such Parts as may in their Judgment require Secrecy; * *
    *

      The Journal and <> not the Congressional Record is the official record of the
    proceedings of the House (IV, 2727). Its nature and functions have been
    the subject of extended discussions (IV, 2730, footnote). The House has
    fixed its title (IV, 2728). Although it ought to be a correct transcript
    of proceedings, the House has not insisted on a strict chronological
    order of entries (IV, 2815). The Journal is dated as of the legislative
    and not the calendar day (IV, 2746).
      The Journal records <> proceedings but not the reasons therefor (IV,
    2811) or the circumstances attending (IV, 2812), or the statements or
    opinions of Members (IV, 2817-2820). Exceptions to this rule are rare
    (IV, 2808, 2825). Protests have on rare occasions been admitted by the
    action of the House (IV, 2806, 2807), but the entry of a protest on the
    Journal may not be demanded by a Member as a matter of right (IV, 2798)
    and such demand does not present a question of privilege (IV, 2799). A
    motion not entertained is not entered on the Journal (IV, 2813, 2844-
    2846).
      The House <> controls the Journal and may decide what are proceedings,
    even to the extent of omitting things actually done or recording things
    not done (IV, 2784; VI, 634). Although the Speaker has entertained
    motions to amend the Journal so as to cause it to state what was not the
    fact, leaving it for the House to decide on the propriety of such act
    (IV, 2785), and holding that he could not prevent a majority of the
    House from so amending the Journal as to undo an actual transaction (IV,
    3091-3093), in none of those rulings was an amendment permitted to
    correct the Journal that had the effect of collaterally changing the
    tabling of a motion to reconsider. In fact, under the precedents cited
    in Sec. 902, infra, under clause 1 of rule XVI it has been held not in
    order to amend or strike a Journal entry setting forth a motion exactly
    as made (IV, 2783, 2789), and thus it was held not in order to amend the
    Journal by striking a resolution actually offered (IV, 2789), but on one
    occasion the House va

    [[Page 33]]

    cated the Speaker's referral of an executive communication by amending
    the Journal of the preceding day (Mar. 19, 1990, p. 4488). Only on rare
    occasions has the House nullified proceedings by rescinding the records
    of them in the Journal (IV, 2787), the House and Senate usually
    insisting on the accuracy of its Journal (IV, 2783, 2786). In rare
    instances the House and Senate have rescinded or expunged entries in
    Journals of preceding Congresses (IV, 2730, footnote, 2792, 2793).
      The Journal should <> record the result of every vote and state in general terms
    the subject of it (IV, 2804); but the result of a vote is recorded in
    figures only when the yeas and nays are taken (IV, 2827), when the vote
    is recorded by electronic device or by clerks, or when a vote is taken
    by ballot, it having been determined in latest practice that the Journal
    should show not only the result but the state of the ballot or ballots
    (IV, 2832).
      It is the <> uniform practice
    of the House to approve its Journal for each legislative day (IV, 2731).
    If Journals of more than one session remain unapproved, they are taken
    up for approval in chronological order (IV, 2771-2773; Nov. 3, 1987, p.
    30592).
      The former rule required the reading of the Journal on each
    legislative day. The reading could be dispensed with only by unanimous
    consent (VI, 625) or suspension of the rules (IV, 2747-2750) and had to
    be in full when demanded by any Member (IV, 2739-2741; VI, 627-628; Feb.
    22, 1950, p. 2152).
      The present form of the rule (clause 1 of rule I; see Sec. 621, infra)
    was drafted from section 127 of the Legislative Reorganization Act of
    1970 (84 Stat. 1140), incorporated into the standing rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), and was further amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). Under the
    current practice, the Speaker is authorized to announce approval of the
    Journal, which is deemed agreed to by the House, subject to the right of
    any Member to demand a vote on agreeing to the Speaker's approval
    (which, if decided in the affirmative, is not subject to the motion to
    reconsider). In the 98th Congress, the Speaker was given the authority
    to postpone a record vote on agreeing to the approval of the Journal to
    a later time on that legislative day (H. Res. 5, Jan. 3, 1983, p. 34).
    Although the transaction of any business is not in order before approval
    of the Journal (IV, 2751; VI, 629, 637; Oct. 8, 1968, p. 30096),
    approval of the Journal yields to the simple motion to adjourn (IV,
    2757), administration of the oath (I, 171, 172), an arraignment of
    impeachment (VI, 469), and questions of the privileges of the House (II,
    1630), and the Speaker has discretion to recognize for a parliamentary
    inquiry before approval of the Journal (VI, 624). Under clause 1 of rule
    I, as amended in the 96th Congress, a point of order of no quorum is not
    in order before the Speaker announces approval of the Journal. Clause 7
    of rule XX generally prohibits the making of points of order of no
    quorum unless the Speaker has put the question on the pending matter.

    [[Page 34]]

      Under the practice <> before clause 1 of rule I was adopted in its present form,
    the motion to amend the Journal took precedence over the motion to
    approve it (IV, 2760; VI, 633); but the motion to amend may not be
    admitted after the previous question is demanded on a motion to approve
    (IV, 2770; VI, 633; VIII, 2684). An expression of opinion as to a
    decision of the Chair was held not in order as an amendment to the
    Journal (IV, 2848). A proposed amendment to the Journal being tabled
    does not carry the Journal with it (V, 5435, 5436). Although a proposed
    correction of the Journal may be recorded in the Journal, it is not in
    order to insert in full in this indirect way what has been denied
    insertion in the first instance (IV, 2782, 2804, 2805). The earlier
    practice was otherwise, however (IV, 2801-2803). The Journal of the last
    day of a session is not approved on the assembling of the next session,
    and is not ordinarily amended (IV, 2743, 2744). For further discussion
    of the composition and approval of the Journal, see Deschler, ch. 5.
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892).

      * * * and the <> Yeas and Nays of the Members of either House on any question
    shall, at the Desire of one fifth of those Present, be entered on the
    Journal.

      The yeas and <> nays may be ordered before the organization of the House (I, 91;
    V, 6012, 6013), but are not taken in Committee of the Whole (IV, 4722,
    4723). They are not necessarily taken on the passage of a resolution
    proposing an amendment to the Constitution (V, 7038, 7039; VIII, 3506),
    but are required to pass a bill over a veto (Sec. 104; VII, 1110). In
    the earlier practice of the House it was held that less than a quorum
    might not order the yeas and nays, but for many years the decisions have
    been uniformly the other way (V, 6016-6028). Neither is a quorum
    necessary on a motion to reconsider the vote whereby the yeas and nays
    are ordered (V, 5693). When a quorum fails on a yea and nay vote it is
    the duty of the Speaker and the House to take notice of that fact (IV,
    2953, 2963, 2988). If the House adjourns, the order for the yeas and
    nays remains effective whenever the bill again comes before the House
    (V, 6014, 6015; VI, 740; VIII, 3108), and it has been held that the
    question of consideration might not intervene on a succeeding day before
    the second calling of the yeas and nays (V, 4949). However, when the
    call of the House is automatic, the Speaker directs the roll to be
    called or the vote to be taken by electronic device without motion from
    the floor (VI, 678, 679, 694, 695); and should

    [[Page 35]]

    a quorum fail to vote and the House adjourn, proceedings under the
    automatic call are vacated and the question recurs de novo when the bill
    again comes before the House (Oct. 10, 1940, pp. 13534, 13535; Oct. 13,
    1962, p. 23474; Oct. 19, 1966, p. 27641). Although the Constitution and
    the Rules of the House guarantee that votes taken by the yeas and nays
    be spread upon the Journal, neither requires that a Member's vote be
    announced to the public immediately during the vote (Sept. 19, 1985, p.
    24245).
      The yeas and nays may not be demanded until the Speaker has put the
    question in the form prescribed by clause 6 of rule I (formerly clause
    5) (Oct. 2, 1974, p. 33623).
      The yeas and <> nays may
    be demanded while the Speaker is announcing the result of a division (V,
    6039), while a vote by tellers is being taken (V, 6038), and even after
    the announcement of the vote if the House has not passed to other
    business (V, 6040, 6041; VIII, 3110) and if the Member seeking the yeas
    and nays is on his feet and seeking recognition for that purpose when
    the Chair announces the result of the voice vote (Nov. 22, 1991, p.
    34075; Sept. 21, 2005, p. 20856). But after the Speaker has announced
    the result of a division on a motion and is in the act of putting the
    question on another motion it is too late to demand the yeas and nays on
    the first motion (V, 6042). And it is not in order during the various
    processes of a division to repeat a demand for the yeas and nays that
    has once been refused by the House (V, 6029, 6030, 6031). The
    constitutional right of a Member to demand the yeas and nays may not be
    overruled as dilatory (V, 5737; VIII, 3107); but this constitutional
    right does not exist as to a vote to second a motion when such second is
    required by the rules (V, 6032-6036; VIII, 3109). The right to demand
    yeas and nays is not waived by the fact that the Member demanding them
    has just made the point of no quorum and caused the Chair to count the
    House (V, 6044).-
      In passing on <> a
    demand for the yeas and nays the Speaker need determine only whether
    one-fifth of those present sustain the demand (V, 6043; VIII, 3112,
    3115). In ascertaining whether one-fifth of those present support a
    demand for the yeas and nays the Speaker counts the entire number
    present and not merely those who rise to be counted (VIII, 3111, 3120).
    Such count is not subject to verification by appeal (Sept. 12, 1978, p.
    28984; Mar. 8, 2006, p. 2954; Aug. 3, 2007, p. 22745; Mar. 18, 2010, p.
    3842), a request for a rising vote of those opposed to the demand is not
    in order (VIII, 3112-3114), and the Speaker may refuse to entertain a
    parliamentary inquiry regarding the number of Members counted by the
    Chair (Aug. 3, 2007, p. 22745). If the Chair prolongs the count of the
    House in determining whether one-fifth have supported the demand for
    yeas and nays, the Speaker counts latecomers in support of the demand as
    well as for the number present (Sept. 24, 1990, p. 25521). After the
    House, on a vote by tellers, has refused to order the yeas and nays it
    is too late to demand the count of the negative on an original vote (V,
    6045).

    [[Page 36]]

      A motion to <> reconsider the vote ordering the yeas and nays is in
    order (V, 6029; VIII, 2790), and the vote may be reconsidered by a
    majority. If the House votes to reconsider the yeas and nays may again
    be ordered by one-fifth (V, 5689-5691). But when the House, having
    reconsidered, again orders the yeas and nays, a second motion to
    reconsider may not be made (V, 6037). In one instance it was held that
    the yeas and nays might be demanded on a motion to reconsider the vote
    whereby the yeas and nays were ordered (V, 5689), but evidently there
    must be a limit to this process. The vote whereby the yeas and nays are
    refused may be reconsidered (V, 5692).
      A motion <> to adjourn may be admitted after the yeas and nays are ordered
    and before the roll call has begun (V, 5366); and a motion to suspend
    the rules has been entertained after the yeas and nays have been
    demanded on another matter (V, 6835). Consideration of a conference
    report (V, 6457), and a motion to reconsider the vote by which the yeas
    and nays were ordered (V, 6029; VIII, 2790) may be admitted. A demand
    for tellers or for a division is not precluded or set aside by the fact
    that the yeas and nays are demanded and refused (V, 5998; VIII, 3103).
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892); Twin City Bank v. Nebeker, 167 U.S.
    196 (1897); Wilkes County v. Coler, 180 U.S. 506 (1901); Marshall v.
    Gordon, 243 U.S. 521 (1917).

      \4\Neither House, <> during the Session of Congress shall,
    without the Consent of the other, adjourn for more than three days, nor
    to any other Place than that in which the two Houses shall be sitting.

      The word ``Place'' in <> the above paragraph was construed to mean the seat of
    Government, and consent of the Senate is not required if the House
    orders its meetings to be held in another structure at the seat of
    Government (Speaker Rayburn, Aug. 17, 1949, pp. 11651, 11683). Under
    clause 12(d) of rule I, the Speaker may convene the House in a place
    within the District of Columbia, other than the Hall of the House,
    whenever, in the opinion of the Speaker, the public interest shall
    warrant it (Sec. 639, infra). The two Houses once granted joint
    leadership (or their designees) authority for an entire Congress to
    assemble the Congress at a place outside the District of Columbia
    whenever the public interest warranted it (H. Con. Res. 1, Feb. 13,
    2003, p. 4080). The Speaker executed by letter his designation

    [[Page 37]]

    under that authority (Mar. 13, 2003, p. 6123). The House, but not the
    Senate, re-adopted similar concurrent resolutions in succeeding
    Congresses (H. Con. Res. 1, Jan. 4, 2005, p. 68; H. Con. Res. 1, Jan. 4,
    2007, p. 42; H. Con. Res. 1, Jan. 6, 2009, p. 22; H. Con. Res. 1, Jan.
    5, 2011, p. 103; H. Con. Res. 1, Jan. 3, 2013, p. _; H. Con. Res. 1,
    Jan. 6, 2015, p. _). After September 11, 2001, recall authority carried
    in adjournment resolutions has allowed reassembly at such place as may
    be designated (see Sec. 84, infra). The President may convene Congress
    at places outside the seat of Government during hazardous circumstances
    (2 U.S.C. 27; Deschler, ch. 1, Sec. 4).
      On November 22, 1940 (p. 13715), the House adopted a resolution
    providing that thereafter until otherwise ordered its meetings be held
    in the Caucus room of the new House Office Building. Likewise the Senate
    on the same day (p. 13709) provided that its meetings be held in the
    Chamber formerly occupied by the Supreme Court in the Capitol. The two
    Houses continued to hold their sessions in these rooms until the opening
    of the 77th Congress. These actions were necessitated by the precarious
    condition of the roofs in the two Chambers. On June 28, 1949 (p. 8571),
    and on September 1, 1950 (p. 14140), the House provided that until
    otherwise ordered its meetings be held in the Caucus room of the new
    House Office Building, pending the remodeling of its Chamber. On June
    29, 1949 (p. 8584), and on Aug. 9, 1950 (p. 12106), the Senate provided
    that its meetings be held in the Chamber formerly occupied by the
    Supreme Court in the Capitol, pending remodeling of its Chamber. The
    House returned to its Chamber on January 3, 1950, and again on January
    1, 1951. The Senate returned to its Chamber on January 3, 1950, and
    again on January 3, 1951.
      There has been no occasion for the convening of a session of Congress
    outside the seat of Government. However, the Congress has engaged in
    commemorative or ceremonial functions outside the seat of Government,
    which were authorized by concurrent resolution (H. Con. Res. 131, May
    28, 1987, p. 14031; H. Con. Res. 96, Apr. 18, 1989, p. 6834; H. Con.
    Res. 448, July 25, 2002, p. 14645).-
      The House of <> Representatives in adjourning for not more than three
    days must take into the count either the day of adjourning or the day of
    the meeting, but not Sundays (V, 6673, 6674). The House may provide for
    a session of the House on a Sunday, traditionally a ``dies non'' under
    the precedents of the House (e.g., Dec. 17, 1982, p. 31946; Nov. 17,
    1989, p. 30029; Aug. 20, 1994, p. 23367). The House has by standing
    order provided that it should meet on two days only of each week instead
    of daily (V, 6675). Before the election of Speaker, the House has
    adjourned for more than one day (I, 89, 221). The House has by unanimous
    consent agreed to an adjournment for not more than three days but
    specified that it would continue in adjournment pursuant to a concurrent
    resolution adopted by the House if it received a message of the Senate's
    adoption

    [[Page 38]]

    of the concurrent resolution before the time of the House's reconvening
    (e.g., Nov. 20, 1987, p. 33054). The Committee on Rules has reported a
    rule authorizing the Speaker to declare the House in recesses subject to
    calls of the Chair during five discrete periods, each consistent with
    the constitutional constraint that neither House adjourn (or recess) for
    more than three days without consent of the other House (Dec. 21, 1995,
    p. 38141; Jan. 5, 1996, p. 357).
      Clause 12(e) of <> rule I provides certain authorities for
    reconvening or postponing the time for reconvening during any recess or
    adjournment of not more than three days when warranted by the public
    interest (see Sec. 639, infra). The House had previously provided such
    authority by standing order (H. Res. 479, 112th Cong., Dec. 6, 2011, p.
    _; H. Res. 66, Feb. 14, 2013, p. _) and on one occasion convened earlier
    than previously ordered (Dec. 30, 2012, p. _). The Senate has adopted
    similar authority, applicable also to the place of convening, which may
    be exercised by the Senate Majority and Minority Leaders when warranted
    by intervening circumstances (S. Res. 296, 108th Cong., Feb. 3, 2004, p.
    731). Pursuant to such authority, during an adjournment of the Senate
    for not more than three days, the Senate convened earlier than
    previously ordered to adopt a House concurrent resolution providing for
    an adjournment of the two Houses (H. Con. Res. 103, Mar. 17, 2005, p.
    5143), section 2 of which enabled a recall of the House (Mar. 20, 2005,
    p. 5446).
      Congress enables an <> adjournment for more than three days by a concurrent
    resolution (IV, 4031, footnote). When it adjourns in this way, but not
    to or beyond the day fixed by Constitution or law for the next regular
    session to begin, the session is not thereby necessarily terminated (V,
    6676, 6677). At the close of the first session of the 66th Congress, the
    two Houses adjourned sine die under authority granted each House by
    simple resolutions consenting to such adjournment sine die at any time
    before a specified date (Nov. 19, 1919, p. 8810).
      Until the 67th Congress neither House had adjourned for more than
    three days by itself with the consent of the other, but resolutions had
    been offered for the accomplishment of that end (V, 6702, 6703). In the
    modern practice it is common for a concurrent resolution to provide for
    a one-House adjournment or to provide for each House to adjourn for
    different time periods. For example: (1) the House adjourned until
    August 15, 1922, with the consent of the Senate (June 29, 1922, p.
    10439); (2) the two Houses provided for an adjournment sine die of the
    House on August 20, 1954, and of the Senate at any time before December
    25, 1954 (H. Con. Res. 266; Aug. 20, 1954, p. 15554); (3) the two Houses
    provided for an adjournment sine die of the House on December 20 or
    December 21, 1982, pursuant to a motion made by the Majority Leader or a
    designee, and of the Senate at any time before January 3, 1983, as
    determined by the Senate, and for adjournments or recesses of the Senate
    for periods of more than three

    [[Page 39]]

    days as determined by the Senate during such period (H. Con. Res. 438,
    Dec. 20, 1982, p. 32951); (4) the two Houses provided for an adjournment
    of the Senate to a day certain and of the House for more than three days
    to a day certain, or to any day before that day as determined by the
    House (S. Con. Res. 102, May 27, 1982, pp. 12504, 12505); (5) the two
    Houses provided for an adjournment to a day certain, with a provision
    that if there should be no quorum present on that day the session should
    terminate (V, 6686).
      A concurrent resolution adjourning both Houses for more than three
    days, or sine die, normally includes authority to reassemble the Members
    whenever the public interest shall warrant it, either jointly (see,
    e.g., July 8, 1943, p. 7516; July 26, 1947, p. 10521; Dec. 20, 1974, p.
    41815; Nov. 21, 1989, p. 31156; Oct. 3, 1996, p. 12275; Dec. 15, 2000,
    p. 27019) or separately (see, e.g., Dec. 26, 2013, p. _). Similarly, a
    concurrent resolution adjourning one House typically provides for recall
    of that House (see, e.g., July 20, 1970, p. 24978).
      Pursuant to such recall authority: (1) the Speaker and the Majority
    Leader of the Senate notified Members of the House to reassemble, the
    Senate already being in session (Mar. 20, 2005, p. 5446, pursuant to H.
    Con. Res. 103, Mar. 17, 2005, p. 5143; Nov. 19, 2008, p. 24146 and Dec.
    9, 2008, p. 24496, pursuant to H. Con. Res. 440, Oct. 2, 2008, p.
    23766); (2) the Speaker and the Majority Leader of the Senate notified
    Members of both Houses to reassemble (Sept. 2, 2005, p. 19424, pursuant
    to H. Con. Res. 225, July 28, 2005, p. 18356; Sept. 6, 2013, p. _,
    pursuant to S. Con. Res. 22, Aug. 2, 2013, p. _).
      Joint leadership and House-only recall provisions were included in the
    sine die adjournment resolution for the second session of the 105th
    Congress (H. Con. Res. 353, Oct. 20, 1998, p. 27348), and the Speaker
    exercised recall authority under that resolution to reassemble the House
    (Dec. 17, 1998, p. 27802). One-House recall authority, with provision to
    again adjourn for more than three days, was included in two
    complementary one-House adjournment resolutions of the 111th Congress
    (H. Con. Res. 307, H. Con. Res. 308, July 29, 2010, p. 14604) and the
    Speaker (Aug. 9, 2010, p. 15413) and Majority Leader of the Senate (Aug.
    12, 2010, p. 15504) each exercised recall authority under the respective
    adjournment resolution.
      After September 11, 2001, such recall authority has allowed reassembly
    at such place as may be designated (see, e.g., S. Con. Res. 160, Nov.
    22, 2002, p. 23512; H. Con. Res. 531, Dec. 7, 2004, p. 25708). More
    recently, such recall authority permitted recall by designees of the
    Speaker and the Majority Leader of the Senate (see, e.g., S. Con. Res.
    132, July 26, 2002, p. 15138). The Speaker executes by letter the
    designation under a concurrent resolution of adjournment (e.g., Mar. 13,
    2003, p. 6123). Such letter was expanded in the 114th Congress to
    account for the increased use of separate recall authority and for new
    designation authority in clause 12(f) of rule I (Jan. 6, 2015, p. _).
    The Speaker also executes by letter

    [[Page 40]]

    the designation of another Member to utilize reassembly authority under
    a joint resolution changing the convening date of the next session (H.
    J. Res. 80, Dec. 15, 2003, p. 32411).
      A resolution adopted in the first session of the 106th Congress
    provided for an adjournment to a date certain, unless the House sooner
    received a specified message from the Senate, in which case it would
    stand adjourned sine die (H. Con. Res. 235, Nov. 18, 1999, p. 30734). A
    simple resolution adopted in the first session of the 111th Congress
    provided for a series of adjournments of not more than three days,
    unless the House sooner received: (1) a specified message from the
    Senate, (2) confirmation that the President had approved a certain bill,
    and (3) a message that the Senate had concurred in an adjournment
    resolution, in which case it would stand adjourned pursuant to such
    adjournment resolution (H. Res. 976, Dec. 16, 2009, p. 32039). It has
    become the common practice for the House, by unanimous consent adopted
    after originating an adjournment resolution, to fix a time to which it
    would adjourn within three days unless the House were sooner to receive
    a message from the Senate transmitting its adoption of the adjournment
    resolution, in which case the House would stand adjourned pursuant to
    that resolution (see, e.g., Nov. 3, 2000, p. 25993; Mar. 20, 2002, p.
    3726).
      A concurrent resolution providing for adjournment sine die of the
    first session may contain a proviso that when the second session
    convenes the Senate or House may not conduct organizational or
    legislative business but shall adjourn on that day until a date certain,
    unless sooner recalled (H. Con. Res. 232, Dec. 20, 1979, p. 37317; H.
    Con. Res. 260, Nov. 26, 1991, p. 35840; H. Con. Res. 235, Nov. 18, 1999,
    p. 30734). The prohibition on the conduct of such business may be
    applied to the House by simple resolution and may vest the Speaker with
    the authority to dispense with such business over a period of time (H.
    Res. 619, as amended by H. Res. 640, Dec. 16, 2005, p. 29054, Dec. 18,
    2005, p. 30378). Such a prohibition does not preclude recognition for
    one-minute speeches and special-order speeches by unanimous consent
    (Jan. 3, 1992, pp. 2, 9) or the introduction and numbering of bills and
    resolutions (which would not be noted in the Congressional Record or
    referred by the Speaker until the next legislative day, when executive
    communications, petitions, and memorials also would be numbered and
    referred) (Jan. 24, 2000, p. 48). The House has passed a joint
    resolution appointing a day for the convening of a second session of a
    Congress and provided for possible earlier assembly by joint-leadership
    recall (see, e.g., H. J. Res. 80, Dec. 20, 2001, p. 27597; H. J. Res.
    80, Nov. 21, 2003, pp. 30856, 30857).
      A concurrent resolution to provide for adjournment for more than three
    days or an adjournment sine die is offered in the House as a matter of
    privilege (V, 6701-6706), and is not debatable (VIII, 3372-3374), though
    a Member may be recognized under a reservation of objection to a
    unanimous-consent request that the resolution be agreed to (Oct. 27,
    1990, p. 36850). The Legislative Reorganization Act of 1970 provides for
    an adjourn

    [[Page 41]]

    ment sine die, or (in an odd-numbered year) an adjournment of slightly
    over a month (from that Friday in August which is at least 30 days
    before Labor Day to the Wednesday following Labor Day) unless the nation
    is in a state of war, declared by Congress (sec. 461(b); 84 Stat. 1140).
    Congress may, of course, waive this requirement and make other
    determinations regarding its adjournment (see Sec. 1106, infra).
      The requirement that resolutions providing for an adjournment sine die
    of either House may not be considered until Congress has completed
    action on the second concurrent resolution on the budget for the fiscal
    year in question, and on any reconciliation legislation required by such
    a resolution, contained in section 310(f) of the Congressional Budget
    Act of 1974 (P.L. 93-344), was repealed by the Balanced Budget and
    Emergency Deficit Control Act of 1985 (P.L. 99-177). That law amended
    sections 309 and 310 of the Congressional Budget Act to prohibit the
    consideration of concurrent resolutions providing adjournments for more
    than three calendar days during the month of July until the House has
    approved annual appropriation bills within the jurisdictions of all the
    subcommittees on Appropriations for the ensuing fiscal year, and until
    the House has completed action on all reconciliation legislation for the
    ensuing fiscal year required to be reported by the concurrent resolution
    on the budget for that year (see Sec. 1127, infra).

      Section 6. \1\The Senators <> and Representatives shall receive a Compensation for their
    Services, to be ascertained by Law, and paid out of the Treasury of the
    United States.

      The 27th amendment to the Constitution addresses laws varying the
    compensation for the services of the Senators and Representatives (see
    Sec. 258, infra). The present rate of compensation of Representatives,
    the Resident Commissioner from Puerto Rico, Delegates, the Speaker, the
    Majority and Minority Leaders of the House, and the Vice President is
    established by law (2 U.S.C. 4501; 3 U.S.C. 104) with an additional
    amount per annum to assist in defraying expenses for the Speaker and
    Vice President (2 U.S.C. 5121; 3 U.S.C. 111). These rates of
    compensation are all (except for the expense allowances) subject to
    annual cost of living adjustments (2 U.S.C. 4501(2)). The present rate
    of compensation of Senators is that fixed by section 1101 of Public Law
    101-194, as adjusted pursuant to 2 U.S.C. 4501(2).
      Under <> the Federal Salary Act
    of 1967 (2 U.S.C. 351-362), the Citizens' Commission on Public Service
    and Compensation (formerly the Commission on Executive, Legislative and
    Judicial Salaries) is authorized and directed to conduct quadrennial
    reviews of the rates of pay of specified government officials, including
    Members of Congress, and to report to the President the results

    [[Page 42]]

    of each review and its recommendations for adjustments in such rates.
    The enactment of those recommendations is governed by the Federal Salary
    Act (see Sec. 1130(12), infra).
      The statute also provides for deductions from the pay of Members and
    Delegates who are absent from the sessions of the House for reasons
    other than illness of themselves and families, or who retire before the
    end of the Congress (2 U.S.C. 5306; IV, 3011, footnote). The law as to
    deductions has been held to apply only to Members who have taken the
    oath (II, 1154). Members and Delegates are paid monthly on certificate
    of the Speaker (2 U.S.C. 5301, 5302, 5304). The residence of a Member of
    Congress for purpose of imposing State income tax laws shall be the
    State from which elected and not the State, or subdivision thereof, in
    which the Member maintains an abode for the purpose of attending
    sessions of Congress (4 U.S.C. 113). The pension of a Member may be
    forfeited upon conviction involving abuse of the public trust (5 U.S.C.
    8312, 8411).
      Questions have arisen <> frequently as to compensation of Members especially in
    cases of Members elected to fill vacancies (I, 500; II, 1155) and in
    which there have been questions as to incompatible offices (I, 500) or
    claims to a seat (II, 1206). The Supreme Court has held that a Member
    chosen to fill a vacancy is entitled to salary only from the time that
    the compensation of the predecessor has ceased. Page v. United States,
    127 U.S. 67 (1888); see also 2 U.S.C. 5304.
      In the 92d <> Congress, the provisions of H. Res. 457 of that Congress,
    authorizing the Committee on House Administration to adjust allowances
    of Members and committees without further action by the House, were
    enacted into permanent law (2 U.S.C. 4313), but the 94th Congress
    enacted into permanent law H. Res. 1372 of that Congress, stripping the
    committee of that authority and requiring House approval of the
    committee's recommendations, except in cases made necessary by price
    changes in materials and supplies, technological advances in office
    equipment, and cost of living increases (2 U.S.C. 4314). The Committee
    on House Administration retains authority under 2 U.S.C. 4313 to
    independently adjust amounts under certain conditions outlined in 2
    U.S.C. 4314 (Mar. 21, 1977, p. 8227; Apr. 21, 1983, p. 9339). The text
    of those statutes follow:

       ``Sec. 4313. Adjustment of House of Representatives allowances by
                        Committee on House Administration

      ``(a) In general.--Subject to the provision of law specified in
    subsection (b) of this section, the Committee on House Administration of
    the House of Representatives may, by order of the Committee, fix and
    adjust the amounts, terms, and conditions of, and other matters relating
    to, allowances of the House of Representatives within the following
    categories:

    [[Page 43]]

              ``(1) For Members of the House of Representatives, the
            Members' Representational Allowance, including all aspects of
            the Official Mail Allowance within the jurisdiction of the
            Committee under section 59(e) of this title.
              ``(2) For committees, the Speaker, the Majority and Minority
            Leaders, the Clerk, the Sergeant at Arms, and the Chief
            Administrative Officer, allowances for official mail (including
            all aspects of the Official Mail Allowance within the
            jurisdiction of the Committee under section 59e of this title),
            stationery, and telephone and telegraph and other
            communications.
      ``(b) Provision specified.--The provision of law referred to in
    subsection (a) of this section is section 57a of this title.
      ``(c) Member of the House of Representatives defined.--As used in this
    section, the term `Member of the House of Representatives' means a
    Representative in, or a Delegate or Resident Commissioner to, the
    Congress.''

      ``Sec. 4314. Limitation on allowance authority of Committee on House
                                 Administration.

      ``(a) In general.--An order under the provision of law specified in
    subsection (c) of this section may fix or adjust the allowances of the
    House of Representatives only by reason of--
              ``(1) a change in the price of materials, services, or office
            space;
              ``(2) a technological change or other improvement in office
            equipment; or
              ``(3) an increase under section 5303 of title 5 in rates of
            pay under the General Schedule.
      ``(b) Resolution requirement.--In the case of reasons other than the
    reasons specified in paragraph (1), (2), or (3) of subsection (a) of
    this section, the fixing and adjustment of the allowances of the House
    of Representatives in the categories described in the provision of law
    specified in subsection (c) of this section may be carried out only by
    resolution of the House of Representatives.
      ``(c) Provision specified.--The provision of law referred to in
    subsections (a) and (b) of this section is section 57 of this title.''

      In the 104th Congress the Committee on House Administration
    promulgated an order abolishing separate allowances for Clerk Hire,
    Official Expenses, and Official Mail, in favor of a single ``Members'
    Representational Allowance'' (MRA), which was ultimately enacted into
    law (2 U.S.C. 5341). The MRA is provided for the employment of staff in
    the Member's Washington and district offices, official expenses incurred
    by the Member, and the postage expenses of first, third, and fourth
    class frankable mail.
      Until January 1, 1988, the maximum salary for staff members was the
    rate of basic pay authorized for Level V of the Executive Schedule (by
    order of the Committee on House Administration, Mar. 21, 1977, p. 8227).
    Under section 311 of the Legislative Branch Appropriations Act, 1988, as

    [[Page 44]]

    contained in section 101(i) of Public Law 100-202 (2 U.S.C. 4532), the
    maximum salary for staff members is set by pay order of the Speaker. A
    Member may not employ a relative on an MRA (5 U.S.C. 3110). The Code of
    Official Conduct also precludes certain hiring practices of Members (see
    Sec. 1095, infra).
      Until the 103d Congress, a Member could employ a ``Lyndon Baines
    Johnson Congressional Intern'' for a maximum of two months at not to
    exceed $1,160 per month. Such internships were available for college
    students and secondary or postsecondary school teachers (H. Res. 420,
    Sept. 18, 1973, p. 30186; 2 U.S.C. 5322). Any paid internship is now
    funded through the MRA.
      The statutes provide for continuation of the pay of clerical
    assistants to a Member upon death or resignation, until a successor is
    elected to fill the vacancy, and such clerical assistants perform their
    duties under the direction of the Clerk of the House (2 U.S.C. 5323-
    5329). Upon the expulsion of a Member in the 96th Congress, the House by
    resolution extended those provisions to any termination of service by a
    Member during the term of office (H. Res. 804, Oct. 2, 1980, p. 28978).
      For current information on the MRA and the method of its accounting
    and disbursement, see current U.S. House of Representatives
    Congressional Handbook, Committee on House Administration.
      At its <> organization the 104th Congress prohibited the
    establishment or continuation of any legislative service organization
    (as that term had been understood in the 103d Congress) and directed the
    Committee on House Administration to take such steps as were necessary
    to ensure an orderly termination and accounting for funds of any
    legislative service organization in existence on January 3, 1995 (sec.
    222, H. Res. 6, Jan. 4, 1995, p. 477). The 114th Congress authorized the
    payment of salaries and expenses by certain Congressional Member
    Organizations that had registered with the Committee on House
    Administration during the previous Congress (sec. 3(p), H. Res. 5, Jan.
    6, 2015, p. _).
      Separate from the <> MRA
    specified above, the leaders of the House (the Speaker, Majority Leader,
    Minority Leader, Majority Whip, and Minority Whip) are entitled to
    office staffing allowances consisting of certain statutory positions as
    well as lump-sum appropriations authorized by section 473 of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140). The portion of
    these allowances for leadership office personnel may be adjusted by the
    Clerk of the House in certain situations when the President effects a
    pay adjustment for certain classes of Federal employees under the
    Federal Pay Comparability Act of 1970 (P.L. 91-656; 84 Stat. 1946).
      Under <> section 311(d) of
    the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532), the
    Speaker may issue ``pay orders'' that adjust pay levels for officers and
    employees of the House to maintain certain relationships with com

    [[Page 45]]

    parable levels in the Senate and in the other branches of government.
    For the text of section 311(d), see Sec. 1130(12), infra.

      * * * They [the <> Senators and Representatives] shall in all Cases, except
    Treason, Felony, and Breach of the Peace, be privileged from Arrest
    during their attendance at the Session of their respective Houses, and
    in going to and returning from the same; * * *

      The word ``felony'' <> in this provision has been interpreted not to
    refer to a delinquency in a matter of debt (III, 2676), and ``treason,
    felony, and breach of the peace'' have been construed to mean all
    indictable crimes (III, 2673). The Supreme Court has held that the
    privilege does not apply to arrest in any criminal case. Williamson v.
    United States, 207 U.S. 425 (1908). The courts have discussed and
    sustained the privilege of the Member in going to and returning from the
    session (III, 2674); and where a person assaulted a Member on his way to
    the House, although at a place distant therefrom, the House arrested him
    on warrant of the Speaker, arraigned him at the bar and had him
    imprisoned (II, 1626, 1628). Other assaults under these circumstances
    have been treated as breaches of privilege (II, 1645). Where a Member
    had been arrested and detained under mesne process in a civil suit
    during a recess of Congress, the House decided that he was entitled to
    discharge on the assembling of Congress, and liberated him and restored
    him to his seat by the hands of its own officer (III, 2676). Service of
    process is distinguished from arrest in civil cases and related
    historical data are collected in Long v. Ansell, 293 U.S. 76 (1934), in
    which the Supreme Court held that the clause was applicable only to
    arrests in civil suits, now largely obsolete but common at the time of
    the adoption of the United States Constitution. Rule VIII (formerly rule
    L) was added in the 97th Congress to provide a standing procedure
    governing subpoenas to Members, officers, and employees directing their
    appearance as witnesses relating to the official functions of the House,
    or for the production of House documents.

    <>   * * * and for any Speech or Debate in either House, they
    [the Senators and Representatives] shall not be questioned in any other
    place.

    [[Page 46]]

      This privilege as <> to ``any
    speech or debate'' applies generally to ``things done in a session of
    the House by one of its Members in relation to the business before it.''
    Kilbourn v. Thompson, 103 U.S. 168 (1880), cited at III, 2675. See also
    II, 1655 and Sec. Sec. 301, 302, infra, for provisions in Jefferson's
    Manual on the privilege; and Deschler, ch. 7. Moreover, it applies to
    all acts within the ``legislative sphere,'' which includes matters that
    are ``an integral part of the deliberative and communicative processes
    by which Members participate in committee and House proceedings with
    respect to the consideration or passage or rejection of proposed
    legislation or with respect to other matters which the Constitution
    places within the jurisdiction of either House.'' Gravel v. United
    States, 408 U.S. 606, 624, 625 (1972). The clause precludes judicial
    inquiry into the motivation, preparation, or content of a Member's
    speech on the floor and prevents such a speech from being made the basis
    for a criminal conspiracy charge against the Member. United States v.
    Johnson, 383 U.S. 169 (1966). The Supreme Court held in United States v.
    Helstoski, 442 U.S. 447 (1979), that under the Speech or Debate Clause,
    neither evidence of nor references to legislative acts of a Member of
    Congress may be introduced by the Government in a prosecution under the
    official bribery statute. But the Supreme Court has limited the scope of
    legislative activity that is protected under the clause by upholding
    grand jury inquiry into the possession and nonlegislative use of
    classified documents by a Member. Gravel v. United States, 408 U.S. 606
    (1972). The Court has also sustained the validity of an indictment of a
    Member for accepting an illegal bribe to perform legislative acts in
    which the prosecution established a prima facie case without relying on
    the Member's constitutionally-protected legislative speech. United
    States v. Brewster, 408 U.S. 501 (1972). Nor does the clause protect
    transmittal of allegedly defamatory material issued in press releases
    and newsletters by a Senator, because neither was essential to the
    deliberative process of the Senate. Hutchinson v. Proxmire, 443 U.S. 111
    (1979). For a discussion of waivers of the Speech or Debate clause, see
    Sec. 301, infra.
      Legislative employees acting under orders of the House are not
    necessarily protected under the clause from judicial inquiry into the
    constitutionality of their actions. Kilbourn v. Thompson, 103 U.S. 165
    (1880); Dombrowski v. Eastland, 387 U.S. 82 (1967); Powell v. McCormack,
    395 U.S. 486 (1969). But see Gravel v. United States, 408 U.S. 606
    (1972), in which the Supreme Court held that the aide of a Senator was
    protected under the clause when performing legislative acts that would
    have been protected under the clause if performed by the Senator
    himself. There is no distinction between the members of a Senate
    subcommittee and its chief counsel insofar as complete immunity under
    the Speech or Debate Clause is provided for the issuance of a subpoena
    pursuant to legitimate legislative inquiry. Eastland v. U.S.
    Servicemen's Fund, 421 U.S. 491 (1975). See also Doe v. McMillan, 412
    U.S. 306 (1973) (relating to the dissemination of a congressional
    report) for the immunity under this clause of Members

    [[Page 47]]

    of the House and their staffs, and for the common-law immunity of the
    Public Printer (now the Director of the Government Publishing Office)
    and Superintendent of Documents.
      For Federal court decisions on the applicability of the clause to
    unofficial circulation of reprints from the Congressional Record, see
    McGovern v. Martz, 182 F. Supp. 343 (1960); Long v. Ansell, 69 F.2d 386
    (1934), aff'd, 293 U.S. 76 (1934); Methodist Federation for Social
    Action v. Eastland, 141 F. Supp. 729 (1956). For inquiry into a Member's
    use of the franking privilege, see Hoellen v. Annunzio, 468 F.2d 522
    (1972), cert. denied, 412 U.S. 953 (1973); Schiaffo v. Helstoski, 350 F.
    Supp. 1076 (1972), rev'd 492 F.2d 413 (1974). For inquiry into the
    printing of committee reports, see Doe v. McMillan, 412 U.S. 306 (1973);
    Hentoff v. Ichord, 318 F. Supp. 1175 (1970).
      For assaulting a <> Member for
    words spoken in debate, Samuel Houston, not a Member, was arrested,
    tried, and censured by the House (II, 1616-1619). Where Members have
    assaulted other Members for words spoken in debate (II, 1656), or
    proceeded by duel (II, 1644), or demanded explanation in a hostile
    manner (II, 1644), the House has considered the cases as of privilege. A
    communication addressed to the House by an official in an Executive
    Department calling in question words uttered by a Member in debate was
    criticized as a breach of privilege and withdrawn (III, 2684). An
    explanation having been demanded of a Member by a person not a Member
    for a question asked of the latter when a witness before the House, the
    matter was considered but not pressed as a breach of privilege (III,
    2681). A letter from a person supposed to have been assailed by a Member
    in debate, asking properly and without menace if the speech was
    correctly reported, was held to involve no question of privilege (III,
    2682). Unless it is clear that a Member has been questioned for words
    spoken in debate, the House declines to act (II, 1620; III, 2680).
      For assaulting a Member, Charles C. Glover was arrested, arraigned at
    the bar of the House, and censured by the Speaker by direction of the
    House, although the provocation of the assault was words spoken in
    debate in the previous Congress (VI, 333).
      Decisions <> of the Supreme
    Court of the United States: Kilbourn v. Thompson, 103 U.S. 168 (1880);
    Tenney v. Brandhove, 341 U.S. 367 (1951); United States v. Johnson, 383
    U.S. 169 (1966); Dombrowski v. Eastland, 387 U.S. 82 (1967); Powell v.
    McCormack, 395 U.S. 486 (1969); Gravel v. United States, 408 U.S. 606
    (1972); United States v. Brewster, 408 U.S. 501 (1972); Doe v. McMillan,
    412 U.S. 306 (1973); Eastland v. United States Serviceman's Fund, 421
    U.S. 491 (1975); United States v. Helstoski, 442 U.S. 477 (1979);
    Hutchinson v. Proxmire, 443 U.S. 111 (1979); Helstoski v. Meanor, 442
    U.S. 500 (1979).

    [[Page 48]]

      \2\No Senator or <> Representative shall, during the Time for which he
    was elected, be appointed to any Civil Office under the Authority of the
    United States, which shall have been created, or the Emoluments whereof
    shall have been encreased during such time; *  *  *.

      In a few cases questions have arisen under this paragraph (I, 506,
    footnote; and see 42 Op. Att'y Gen. 36 (1969); see also Deschler, ch. 7;
    P.L. 110-455 (emoluments of Secretary of State); P.L. 111-1 (emoluments
    of Secretary of the Interior).

    <>
    *  *  * and no Person holding any Office under the United States, shall
    be a Member of either House during his Continuance in Office.

      The meaning of the word ``office'' as used in this paragraph has been
    discussed (I, 185, 417, 478, 493; II, 993; VI, 60, 64), as has also the
    general subject of incompatible offices (I, 563).
      The Committee on the Judiciary <> has concluded that members of commissions
    created by law to investigate and report, but having no legislative,
    executive, or judicial powers, and visitors to academies, regents,
    directors, and trustees of public institutions, appointed under the law
    by the Speaker, are not officers within the meaning of the Constitution
    (I, 493). Membership on joint committees created by statute is not an
    office in the contemplation of the constitutional provision prohibiting
    Members of Congress from holding simultaneously other offices under the
    United States (VII, 2164). A Member of either House is eligible to
    appointment to any office not forbidden him by law, the duties of which
    are not incompatible with those of a Member (VI, 63) and the question as
    to whether a Member may be appointed to the Board of Managers of the
    Soldiers' Home and become local manager of one of the homes, is a matter
    for the decision of Congress itself (VI, 63). The House has also
    distinguished between the performance of paid services for the Executive
    (I, 495), like temporary service as assistant United States attorney
    (II, 993), and the acceptance of an incompatible office. The House has
    declined to hold that a contractor under the Government is
    constitutionally disqualified to serve as a Member (I, 496). But the
    House, or its committees, have found disqualified a Member who was
    appointed a militia officer in the District of Columbia (I, 486) and in
    various States (VI, 60), and Members who have accepted commissions in
    the Army (I, 491, 492, 494). But the Committee on the Judiciary has
    expressed the

    [[Page 49]]

    opinion that persons on the retired list of the Army do not hold office
    under the United States in the constitutional sense (I, 494). A Member-
    elect has continued to act as governor of a State after the assembling
    of the Congress to which he was elected (I, 503), but the duties of a
    Member of the House and the Governor of a State are absolutely
    inconsistent and may not be simultaneously discharged by the same Member
    (VI, 65).-
      The House decided <> that the status of a Member-elect was
    not affected by the constitutional requirement (I, 499), the theory
    being advanced that the status of the Member-elect is distinguished from
    the status of the Member who has qualified (I, 184). A Member-elect, who
    continued in an office after his election but resigned before taking his
    seat, was held entitled to the seat (I, 497, 498). However, when a
    Member-elect held an incompatible office after the meeting of Congress
    and his taking of the oath, he was held to have disqualified himself (I,
    492). In other words, the Member-elect may defer until the meeting of
    Congress and his taking of the oath, his choice between the seat and an
    incompatible office (I, 492). As early as 1874 the Attorney General
    opined that a Member-elect is not officially a Member of the House, and
    thus may hold any office until sworn (14 Op. Att'y Gen. 408 (1874)).
      The House has <> manifestly subscribed to the idea that a
    contestant holding an incompatible office need not make an election
    until the House has declared the contestant entitled to the seat (I,
    505). Although a contestant had accepted and held a State office in
    violation of the State constitution, if he were really elected a Member,
    the House did not treat his contest as abated (II, 1003). Where a Member
    had been appointed to an incompatible office a contestant not found to
    be elected was not admitted to fill the vacancy (I, 807).
      Where a Member <> has accepted an incompatible
    office, the House has assumed or declared the seat vacant (I, 501, 502;
    VI, 65). In the cases of Baker and Yell, the Elections Committee
    concluded that the acceptance of a commission as an officer of
    volunteers in the national army vacated the seat of a Member (I, 488),
    and in another similar case the Member was held to have forfeited his
    right to a seat (I, 490). The House has seated a person bearing regular
    credentials on ascertaining that his predecessor in the same Congress
    had accepted a military office (I, 572). But usually the House by
    resolution formally declares the seat vacant (I, 488, 492). A Member-
    elect may defer until the meeting of Congress and the taking of the oath
    of office the choice between the seat and an incompatible office (I,
    492). But when he retains the incompatible office and does not qualify,
    a vacancy has been held to exist (I, 500). A resolution excluding a
    Member who has accepted an incompatible office may be agreed to by a
    majority vote (I, 490). A Member charged with acceptance of an
    incompatible office was heard in his own behalf during the debate (I,
    486).

    [[Page 50]]

      Where it was held in Federal court that a Member of Congress may not
    hold a commission in the Armed Forces Reserve under this clause, the
    U.S. Supreme Court reversed on other grounds, the plaintiff's lack of
    standing to maintain the suit. Reservists Committee to Stop the War v.
    Laird, 323 F. Supp. 833 (1971), aff'd, 595 F.2d 1075 (1972), rev'd on
    other grounds, 418 U.S. 208 (1974).

      Section 7. \1\All Bills <> for raising Revenue shall originate in the
    House of Representatives; but the Senate may propose or concur with
    Amendments as on other Bills.

      This provision has been the subject of much discussion (II, 1488,
    1494). In the earlier days the practice was not always correct (II,
    1484); but in later years the House has insisted on its prerogative and
    the Senate has often shown reluctance to infringe thereon (II, 1482,
    1483, 1493). In several instances, however, the subject has been a
    matter of contention, conference (II, 1487, 1488), and final
    disagreement (II, 1485, 1487, 1488). Sometimes, however, when the House
    has questioned an invasion of prerogative, the Senate has receded (II,
    1486, 1493). The disagreements have been especially vigorous over the
    right of the Senate to concur with amendments (II, 1489), and although
    the Senate has acquiesced in the sole right of the House to originate
    revenue bills, it has at the same time held to a broad power of
    amendment (II, 1497-1499). The House has frequently challenged the
    Senate on this point (II, 1481, 1491, 1496; Sept. 14, 1965, p. 23632).
    When the House has perceived an invasion of its prerogative, it has
    ordered the bill or Senate amendment to be returned to the Senate (II,
    1480-1499; VI, 315, 317; Mar. 30, 1937, p. 2930; July 2, 1960, p. 15818;
    Oct. 10, 1962, p. 23014; May 20, 1965, p. 11149; June 20, 1968, p.
    22127; Nov. 8, 1979, p. 31518; May 17, 1983, p. 12486; Oct. 1, 1985, p.
    25418; Sept. 25, 1986, p. 26202; July 30, 1987, p. 21582; June 16, 1988,
    p. 14780; June 21, 1988, p. 15425; Sept. 23, 1988, p. 25094; Sept. 28,
    1988, p. 26415; Oct. 21, 1988, pp. 33110-11; June 15, 1989, p. 12167;
    Nov. 9, 1989, p. 28271; Oct. 22, 1991, p. 27087; Oct. 31, 1991, p.
    29284; Feb. 25, 1992, p. 3377; July 14, 1994, p. 16593; July 21, 1994,
    p. 17280; July 21, 1994, p. 17281; Aug. 12, 1994, pp. 7642, 7643; Oct.
    7, 1994, p. 29136, 29137; Mar. 21, 1996, p. 5950; Apr. 16, 1996, pp.
    7642, 7643; Sept. 27, 1996, p. 25542; Sept. 28, 1996, p. 25931; Mar. 5,
    1998, p. 2618; Oct. 15, 1998, p. 26483; July 15, 1999, p. 16317; Nov.
    18, 1999, p. 30732; Oct. 24, 2000, p. 24149; Sept. 20, 2001, p. 17454;
    Sept. 23, 2010, pp. 16379, 16380; Dec. 12, 2012, p. _), or declined to
    proceed further with it (II, 1485). Among the measures the House has
    returned to the Senate: a Senate-passed bill providing for the sale of
    Conrail and containing provisions relating to the tax treatment of the
    sale, notwithstanding inclusion in that bill of a disclaimer section
    requiring all revenue provisions therein to be contained

    [[Page 51]]

    in separate legislation originating in the House (Sept. 25, 1986, p.
    26202); a Senate-passed bill prohibiting the importation of commodities
    subject to tariff (July 30, 1987, p. 21582); a Senate-passed bill
    banning all imports from Iran, a tariff measure as affecting revenue
    from dutiable imports (June 16, 1988, p. 14780); a Senate-passed bill
    dealing with the tax treatment of income derived from the exercise of
    Indian treaty fishing rights (June 21, 1988, p. 15425); a Senate-passed
    bill creating a tax-exempt government corporation (June 15, 1989, p.
    12167); a Senate-passed bill addressing the tax treatment of police-
    corps scholarships and the regulation of firearms under the Internal
    Revenue Code (Oct. 22, 1991, p. 27087); a Senate-passed bill including
    certain import sanctions in an export administration statute (Oct. 31,
    1991, p. 29284); a Senate-passed bill requiring the President to impose
    sanctions including import restrictions against countries that fail to
    eliminate large-scale driftnet fishing (Feb. 25, 1992, p. 3377); a
    Senate amendment to a general appropriation bill prohibiting funds for
    the Internal Revenue Service to enforce a requirement to use undyed
    diesel fuel for use in recreational boats (July 14, 1994, p. 16593); a
    Senate amendment to a general appropriation bill proposing a user fee
    raising revenue to finance broader activities of the agency imposing the
    levy, thereby raising general revenue (Aug. 12, 1994, p. 21656); a
    Senate amendment to a general appropriation bill proposing to increase
    two fees to finance general government operations (Sept. 23, 2010, pp.
    16379, 16380); a Senate-passed bill proposing to regulate toxic
    substances by prohibiting the import of products containing more than
    specified level of lead (July 21, 1994, p. 17280); a Senate-passed bill
    proposing to repeal a fee on electricity generated by nuclear energy
    that otherwise would raise revenue (Mar. 5, 1998, p. 2618); a Senate-
    passed bill proposing new import restrictions on products containing any
    substance derived from rhinoceroses or tigers (Oct. 15, 1998, p. 26483);
    Senate-passed bills proposing an amendment to the criminal code that
    would make it unlawful to import certain assault weapons (Oct. 22, 1991,
    p. 27087) or to import large capacity ammunition feeding devices (July
    15, 1999, p. 16317); Senate-passed bills prescribing the tax treatment
    of certain benefits to members of the Armed Forces (Nov. 18, 1999, p.
    30732) or of public-sector retirement plans (Nov. 18, 1999, p. 30734); a
    Senate-passed bill proposing to create a new basis for applying import
    restrictions on bear viscera or products derived therefrom (Oct. 24,
    2000, p. 24149); a Senate amendment proposing to enact by reference a
    Senate bill providing for a ban on (dutiable) imports of diamonds from
    certain countries (Sept. 20, 2001, p. 17454). The House laid on the
    table a resolution asserting that a conference report (on which the
    House was acting first) accompanying a House bill originated provisions
    in derogation of the constitutional prerogative of the House and
    resolving that such bill be recommitted to conference (July 27, 2000, p.
    16565). The House, by adopting one resolution, has returned multiple
    measures to the Senate (Sept. 23, 2010, pp. 16379, 16380; Dec. 12, 2012,
    p. _).

    [[Page 52]]

      A bill raising revenue incidentally was held not to infringe upon the
    constitutional prerogative of the House to originate revenue legislation
    (VI, 315). A question relating to the invasion of the constitutional
    prerogatives of the House by a Senate amendment may be raised at any
    time when the House is in possession of the papers, but not otherwise;
    thus, the question has been presented pending the motion to call up a
    conference report on the bill (June 20, 1968, Deschler, ch. 13,
    Sec. 14.2; Aug. 19, 1982, p. 22127), but has been held nonprivileged
    with respect to a bill already presented to the President (Apr. 6, 1995,
    p. 10700). The Senate decided that a bill proposing a gasoline tax in
    the District of Columbia should not originate in the Senate (VI, 316).
      Clause 5(a) of rule XXI prohibits consideration of any amendment,
    including any Senate amendment, proposing a tax or tariff during
    consideration of a bill or joint resolution reported by a committee not
    having that jurisdiction (Sec. 1066, infra).
      For a discussion of the prerogatives of the House under this clause,
    and discussion of the prerogatives of the House to originate
    appropriation bills, see Deschler, ch. 13. For a discussion of the
    prerogatives of the House with respect to treaties affecting revenue,
    see Sec. 597, infra. For examples of Senate messages requesting the
    return of Senate revenue measures, see Sec. 565, infra.
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); Twin
    City Bank v. Nebeker, 167 U.S. 196 (1897); Flint v. Stone Tracy Co., 220
    U.S. 107 (1911); Millard v. Roberts, 202 U.S. 429 (1906); Rainey v.
    United States, 232 U.S. 310 (1914); United States v. Munoz-Flores, 495
    U.S. 385 (1990).

      \2\Every Bill <> which shall have passed the House of Representatives
    and the Senate, shall, before it become a Law, be presented to the
    President of the United States; If he approve he shall sign it, but if
    not he shall return it, with his Objections to that House in which it
    shall have originated, who shall enter the Objections at large on their
    Journal, and proceed to reconsider it. If after such Reconsideration two
    thirds of that House shall agree to pass the Bill, it shall be sent,
    together with the Objections, to the other House, by which it shall
    likewise be reconsid

    [[Page 53]]

    ered, and if approved by two thirds of that House, it shall become a
    Law. But in all such Cases the Votes of both Houses shall be determined
    by Yeas and Nays, and the Names of the Persons voting for and against
    the Bill shall be entered on the Journal of each House respectively. * *
    *.

      Under the usual <> practice,
    bills are considered to have been presented to the President at the time
    they are delivered to the White House. In 1959, bills delivered to the
    White House while the President was abroad were held for presentation to
    the President upon his return to the United States by the White House.
    The United States Court of Claims held, in Eber Bros. Wine and Liquor
    Corp. v. United States, 337 F.2d 624 (1964), cert. denied, 380 U.S. 950
    (1965), that where the President had determined, with the informal
    acquiescence of leaders of Congress, that bills from the Congress were
    to be received at the White House only for presentation to him upon his
    return to the United States and the bill delivered to the White House
    was so stamped, the Presidential veto of the bill more than 10 days
    after delivery to the White House but less than 10 days after his return
    to the country was timely. The second session of the 89th Congress
    adjourned sine die while President Johnson was on an Asian tour and
    receipts for bills delivered to the White House during that time were
    marked in like manner. The approval of a bill by the President of the
    United States is valid only with his signature (IV, 3490). Before the
    adoption of the 20th amendment to the Constitution (which changed the
    date of meeting of Congress to January 3), at the close of a Congress,
    when the two Houses prolonged their sessions into the forenoon of March
    4, the approvals were dated on the prior legislative day, because the
    legislative portion of March 4 belonged to the term of the new Congress.
    In one instance, however, bills signed on the forenoon of March 4 were
    dated as of that day with the hour and minute of approval given with the
    date (IV, 3489). The act of President Tyler in filing with a bill an
    exposition of his reasons for signing it was examined and severely
    criticized by a committee of the House (IV, 3492); and in 1842 a
    committee of the House discussed the act of President Jackson in writing
    above his signature of approval a memorandum of his construction of the
    bill (IV, 3492). But if the President has accompanied his message
    announcing the approval with a statement of his reasons there has been
    no question in the House (IV, 3491). The statutes require that bills
    signed by the President shall be received by the Archivist of the United
    States and deposited in his office (1 U.S.C. 106a). Formerly these bills
    were received by the Secretary of State (IV, 3485) and deposited in his
    office (IV, 3429).

    [[Page 54]]

      Notice of the <> signature of a bill by the President is sent by message to
    the House in which it originated (VII, 1089) and that House informs the
    other (IV, 3429). But this notice is not necessary to the validity of
    the act (IV, 3495). Sometimes, at the close of a Congress the President
    informs the House of such bills as have been approved and of such as
    have been allowed to fail (IV, 3499-3502). In one instance he
    communicated his omission to sign a bill through the committee appointed
    to notify him that Congress was about to adjourn (IV, 3504). A bill that
    had not actually passed having been signed by the President, he
    disregarded it and a new bill was passed (IV, 3498). Messages of the
    President giving notice of bills approved are entered in the Journal and
    published in the Congressional Record (V, 6593).
      A message withholding <> approval of a bill, called a veto message, is sent to the House
    in which the bill originated; but it has been held that such a message
    may not be returned to the President on his request after it has been
    laid before the Senate (IV, 3521). In one instance a veto message that
    had not been laid before the House was returned to the President on his
    request (Aug. 1, 1946, p. 10651). A vetoed bill received in the House by
    way of the Senate is considered as if received directly from the
    President and supersedes the regular order of business (IV, 3537; VII,
    1109). A veto message may not be read after the absence of a quorum has
    been ascertained, even though the House be about to adjourn sine die
    (IV, 3522; VII, 1094); but the message may be read and acted on at the
    next session of the same Congress (IV, 3522). When the President has
    been prevented by adjournment from returning a bill with his objections
    he has sometimes at the next session communicated his reasons for not
    approving (V, 6618-6620).
      For enrollments returned with ``memoranda of disapproval,'' see
    Sec. 113, infra.
      It is possible, <> although not invariable, that a bill returned with the
    objections of the President shall be voted on at once (IV, 3534-3536)
    and when laid before the House the question on the passage is considered
    as pending and no motion from the floor is required (VII, 1097-1099),
    but it has been held that the constitutional mandate that the House
    shall ``proceed to reconsider'' means that the House shall immediately
    proceed to consider it under the Rules of the House, such that the
    ordinary motions under the Rules of the House (e.g., to refer or to
    postpone to a day certain) are in order (IV, 3542-3550; VII, 1100, 1105,
    1113; Speaker Wright, Aug. 3, 1988, p. 20280) and (for the stated
    examples) debatable under the hour rule (VIII, 2740). When consideration
    of a veto message is postponed to a date certain it has the status of
    unfinished business on that day, such that the House may proceed to its
    consideration without motion from the floor (e.g., May 9, 1996, p.
    10807; Nov. 6, 2007, pp. 29822, 29823). Although under clause 4 of rule
    XVI, and under the precedents the motion for the

    [[Page 55]]

    previous question takes precedence over motions to postpone or to refer
    when a question is under debate, if the Speaker has laid before the
    House a veto message from the President but has not yet stated the
    question to be on overriding the veto, that question is not ``under
    debate'' and the motion for the previous question does not take
    precedence (Speaker Wright, Aug. 3, 1988; Procedure, ch. 24, Sec. 15.8).
    A resolution asserting that to recognize for a motion to refer a veto
    message before stating the question on overriding the veto would
    interfere with the constitutional prerogative of the House to proceed to
    that question, and directing the Speaker to state the question on
    overriding the veto as pending before recognizing for a motion to refer,
    did not give rise to a question of the privileges of the House (Speaker
    Wright, Aug. 3, 1988, p. 20281). A motion to refer a vetoed bill, either
    with or without the message, has been held allowable within the
    constitutional mandate that the House shall ``proceed to reconsider''
    (IV, 3550; VII, 1104, 1105, 1108, 1114), and in the 101st Congress, a
    veto pending as unfinished business was referred with instructions to
    consider and report promptly (Jan. 24, 1990, p. 421). But although the
    ordinary motion to refer may be applied to a vetoed bill, it is not in
    order to move to recommit it pending the demand for the previous
    question or after it is ordered (IV, 3551; VII, 1102). When a veto
    message is before the House for consideration de novo or as unfinished
    business, a motion to refer the message to committee takes precedence
    over the question of passing the bill, the objections of the President
    to the contrary notwithstanding (Procedure, ch. 24, Sec. 15.8; Oct. 25,
    1983, p. 29188), but the motion to refer may be laid on the table (Oct.
    25, 1983, p. 29188). A vetoed bill having been rejected by the House,
    the message was referred (IV, 3552; VII, 1103). Committees to which
    vetoed bills have been referred have sometimes neglected to report (IV,
    3523, 3550, footnotes; VII, 1108, 1114).
      A vetoed bill may be laid on the table (IV, 3549; VII, 1105), but it
    is still highly privileged and a motion to take it from the table is in
    order (IV, 3550; V, 5439). Also a motion to discharge a committee from
    the consideration of such a bill is privileged (IV, 3532; Aug. 4, 1988,
    p. 20365; Sept. 19, 1996, p. 23815) and (in the modern practice) is
    debatable (Mar. 7, 1990, p. 3620) but is subject to the motion to lay on
    the table (Sept. 7, 1965, p. 22958; Aug. 4, 1988, p. 20365). When the
    motion to discharge is agreed to, the veto message is pending as
    unfinished business (Mar. 7, 1990, p. 3621). Although a vetoed bill is
    always privileged, the same is not true of a bill reported in lieu of it
    (IV, 3531; VII, 1103).
      If two-thirds of <> the
    House to which a bill is returned with the President's objections agree
    to pass it, and then two-thirds of the other House also agree, it
    becomes a law (IV, 3520). The yeas and nays are required to pass a bill
    over the President's veto (art. I, sec. 7; IV, 2726, 3520; VII, 1110).
    The two-thirds vote required to pass the bill is two-thirds of the
    Members present and voting and not two-thirds of the total membership of
    the House (IV, 3537, 3538; Missouri Pac. Ry. Co. v. Kansas, 248 U.S. 276
    (1919)). Only Members

    [[Page 56]]

    voting should be considered in determining whether two-thirds voted in
    the affirmative (VII, 1111). The motion to reconsider may not be applied
    to the vote on reconsideration of a bill returned with the objections of
    the President (V, 5644; VIII, 2778).
      It is the practice for one House to inform the other by message of its
    decision that a bill returned with the objections of the President shall
    not pass (IV, 3539-3541). A bill passed notwithstanding the objections
    of the President is sent by the presiding officer of the House that last
    acts on it to the Archivist, who receives it and deposits it in his
    office (1 U.S.C. 106a). Formerly these bills were sent to the Secretary
    of State (IV, 3524) and deposited in his office (IV, 3485).
      A bill incorrectly <> enrolled has been recalled from the President, who erased
    his signature (IV, 3506). Bills sent to the President but not yet signed
    by him are sometimes recalled by concurrent resolution of the two Houses
    (IV, 3507-3509; VII, 1091; Sept. 4, 1962, p. 18405; May 6, 1974, p.
    13076), and amended; but this proceeding is regarded as irregular (IV,
    3510-3518). When the two Houses of Congress request the President by
    concurrent resolution to return an enrolled bill and the President
    honors the request, the ten-day period under this clause runs anew from
    the time the bill is re-enrolled and is again presented to the
    President. Thus, in the 93d Congress the President returned on May 7,
    1974 a bill pursuant to the request of Congress (H. Con. Res. 485, May
    6, 1974, p. 13076). The bill was again enrolled, presented to the
    President on May 7, and marked ``received May 7'' at the White House. An
    error in an enrolled bill that has gone to the President may also be
    corrected by a joint resolution (IV, 3519; VII, 1092). In the 99th
    Congress, two enrollments of a continuing appropriation bill for FY 1987
    were presented to and signed by the President, the second correcting an
    omission in the first (see P.L. 99-500 and 99-591). In Clinton v.  City
    of New York, 524 U.S. 417 (1998), the Supreme Court held that the
    cancellation procedures of the Line Item Veto Act violated the
    presentment clause of article I, section 7 of the Constitution. For a
    discussion of the operation of the Act during the period of its
    effectiveness, see Sec. 1130(6b), infra.
      Decisions <> of the Supreme
    Court of the United States: Matthews v. Zane, 20 U.S. (7 Wheat.) 164
    (1822); Gardner v. Collector, 73 U.S. (6 Wall.) 499 (1868); Lapeyre v.
    United States, 84 U.S. (17 Wall.) 191 (1873); La Abra Silver Mining Co.
    v. United States, 175 U.S. 423 (1899); Missouri Pacific Railway Co. v.
    Kansas, 248 U.S. 276 (1919); Edwards v. United States, 286 U.S. 482
    (1932); Wright v. United States, 302 U.S. 583 (1938); Clinton v. City of
    New York, 524 U.S. 417 (1998).

    [[Page 57]]

      * * * If any <> Bill shall not be returned by the President
    within ten Days (Sundays excepted) after it shall have been presented to
    him, the Same shall be a Law, in like Manner as if he had signed it,
    unless the Congress by their Adjournment prevent its Return, in which
    Case it shall not be a Law.

      A bill signed by the President within 10 days (Sunday excepted) after
    it has been presented becomes a law even though such signing takes place
    when Congress is not in session, whether during the period of an
    adjournment to a day certain or after the final adjournment of a session
    (IV, 3486). A President may sign a bill after adjournment sine die but
    within 10 days after its receipt. For example, President Truman, after
    the convening of the 82d Congress, approved bills passed and presented
    in the 81st Congress (e.g., P.L. 81-910); President Reagan, after the
    convening of the 98th Congress, approved bills passed and presented in
    the 97th Congress (e.g., P.L. 97-414); and President Obama, after the
    convening of the 113th Congress, approved bills passed and presented in
    the 112th Congress (e.g., P.L. 112-241). It was formerly contended that
    the President might not approve bills during a recess (IV, 3493, 3494),
    and in one instance, in 1864, when the President signed a bill after
    final adjournment of Congress but within 10 days grave doubts were
    raised and an adverse report was made by a House committee (IV, 3497).
    Later opinions of the Attorney General have been to the effect that the
    President has the power to approve bills within 10 days after they have
    been presented during the period of an adjournment to a day certain (IV,
    3496) and after an adjournment sine die (VII, 1088). The Supreme Court
    has held valid as laws bills signed by the President within 10 days
    during a recess for a specified time (La Abra Silver Mining Co. v.
    United States, 175 U.S. 451 (1899); IV, 3495) and also those signed
    after an adjournment sine die (Edwards v. United States, 286 U.S. 482
    (1932)).
      A bill that <> is passed by both
    Houses of Congress during the first regular session of a Congress and
    presented to the President less than 10 days (Sundays excepted) before
    the adjournment sine die of that session, but is neither signed by the
    President, nor returned to the House in which it originated, does not
    become a law (``The Pocket Veto Case,'' 279 U.S. 655 (1929); VII, 1115).
    The Supreme Court has held that the adjournment of the House of origin
    for not exceeding three days while the other branch of the Congress
    remained in session did not prevent a return of the vetoed bill to the
    House of origin. Wright v. United States, 302 U.S. 583 (1938). President
    Truman during an adjournment to a day certain pocket vetoed several
    bills passed by the 81st

    [[Page 58]]

    Congress and also, after the convening of the 82d Congress, pocket
    vetoed one bill passed in the 81st Congress.
      Doubt has existed <> as to whether a bill that remains with the President 10 days
    without his signature, Congress meanwhile before the tenth day having
    adjourned to a day certain, becomes a law (IV, 3483, 3496; VII, 1115);
    an opinion of the Attorney General in 1943 stated that under such
    circumstances a bill not signed by the President did not become a law
    (40 Op. Att'y Gen. 274 (1943)). However, more recently, where a Member
    of the Senate challenged in Federal court the effectiveness of such a
    pocket veto, a United States Court of Appeals held that a Senate bill
    could not be pocket-vetoed by the President during an ``intrasession''
    adjournment of Congress to a day certain for more than three days, where
    the Secretary of the Senate had been authorized to receive Presidential
    messages during such adjournment. Kennedy v. Sampson, 511 F.2d 430 (D.C.
    Cir., 1974). See also Kennedy v. Jones, 412 F. Supp. 353 (D.D.C. 1976).
    Following a consent decree in this case, it was announced that President
    Ford would utilize a ``return'' veto, subject to override, in
    intersession and intrasession adjournments where authority exists for
    the appropriate House to receive such messages notwithstanding the
    adjournment.
      In the 101st, 110th, and 111th Congresses, when the President returned
    an enrolled bill during an intersession adjournment, not by way of
    message under seal but with a ``memorandum of disapproval'' setting
    forth his objections, the House treated it as a return veto subject to
    override under article I, section 7 (Jan. 23, 1990, p. 4; Jan. 15, 2008,
    pp. 11, 12; Jan. 12, 2010, p. 7). Similarly, in the 102d, 106th, and
    111th Congresses, an enrolled House bill returned to the Clerk during an
    intrasession recess, not by way of message under seal but with a
    ``memorandum of disapproval'' setting forth the objections of the
    President, was considered as a return veto (Sept. 11, 1991, p. 22643;
    Sept. 6, 2000, p. 17156; Nov. 13, 2000, p. 26022; Nov. 15, 2010, p.
    17521). Also in the 102d Congress, President Bush purported on December
    20, 1991, to pocket veto a bill (S. 1176) that was presented to him on
    December 9, 1991, notwithstanding that the Congress was in an
    intrasession adjournment (from Nov. 27, 1991, until 11:55 a.m., Jan. 3,
    1992) rather than an adjournment sine die (see Jan. 23, 1992 [Daily
    Digest]); and during debate on a subsequent bill (S. 2184) purporting to
    repeal the provisions of S. 1176 and to enact instead provisions
    acceding to the objections of the President, the Speaker inserted
    remarks on the pocket veto in light of modern congressional practice
    concerning the receipt of messages and communications during recesses
    and adjournments (Mar. 3, 1992, p. 4081).
      In the 93d Congress, the President returned a House bill without his
    signature to the Clerk of the House, who had been authorized to receive
    messages from the President during an adjournment to a day certain, and
    the President asserted in his veto message that he had ``pocket vetoed''
    the bill during the adjournment of the House to a day certain. The House

    [[Page 59]]

    regarded the President's return of the bill without his signature as a
    veto within the meaning of article I, section 7 of the Constitution and
    proceeded to reconsider and to pass the bill over the President's veto,
    after postponing consideration to a subsequent day (motion to postpone,
    Nov. 18, 1974, p. 36246; veto override, Nov. 20, 1974, p. 36621).
    Subsequently, on November 21, 1974, the Senate also voted to override
    the veto (p. 36882) and pursuant to 1 U.S.C. 106a the Enrolling Clerk of
    the Senate forwarded the bill to the Archives for publication as a
    public law. The Administrator of General Services at the Archives (now
    Archivist), upon instructions from the Department of Justice, declined
    to promulgate the bill as public law on the day received. The question
    as to the efficacy of the congressional action in passing the bill over
    the President's veto was mooted when the House and Senate passed on
    November 26, 1974 (pp. 37406, 37603), an identical bill that was signed
    into law on December 7, 1974 (P.L. 93-516).
      As part of the concurrent resolution providing for the adjournments
    sine die of the first sessions of the 101st Congress and 105th Congress,
    the Congress reaffirmed its position that an intersession adjournment
    did not prevent the return of a bill where the Clerk and the Secretary
    of the Senate were authorized to receive messages during the adjournment
    (H. Con. Res. 239, Nov. 21, 1989, p. 31156; S. Con. Res. 68, Nov. 13,
    1997, p. 26538). For the views of the Speaker, the Minority Leader, and
    the Attorney General concerning pocket veto authority during an
    intrasession adjournment, see correspondence inserted in the
    Congressional Record (Jan. 23, 1990, p. 3; Sept. 19, 2000, p. 18594;
    Nov. 13, 2000, p. 26022; Oct. 2, 2008, pp. 23874, 23875; May 26, 2010,
    pp. 9473, 9474); and for discussions of the constitutionality of
    intersession or intrasession pocket vetoes see Kennedy, ``Congress, The
    President, and The Pocket Veto,'' 63 Va. L. Rev. 355 (1977), and
    Hearing, Subcommittee on Legislative Process, Committee on Rules, on
    H.R. 849, 101st Congress.
      Decisions <> of the Supreme
    Court of the United States: La Abra Silver Mining Co. v. United States,
    175 U.S. 423 (1899); Wilkes County v. Coler, 180 U.S. 506 (1901); the
    Pocket Veto Case, 279 U.S. 655 (1929); Edwards v. United States, 286
    U.S. 482 (1932); Wright v. United States, 302 U.S. 583 (1938); Burke v.
    Barnes, 479 U.S. 361 (1987) (vacating and remanding as moot the decision
    sub nom. Barnes v. Kline, 759 F.2d 21 (D.C. Cir. 1984)).

      \3\Every Order, <> Resolution, or Vote to which the Concurrence
    of the Senate and House of Representatives may be necessary (except on a
    question of Adjournment) shall be presented to the President of the
    United States; and before the Same shall take Effect, shall be approved
    by him, or

    [[Page 60]]

    being disapproved by him, shall be repassed by two thirds of the Senate
    and House of Representatives, according to the Rules and Limitations
    prescribed in the Case of a Bill.

      It has been settled conclusively that a joint resolution proposing an
    amendment to the Constitution should not be presented to the President
    for his approval (V, 7040; Hollingsworth v. Virginia, 3 U.S. (3 Dall.)
    378 (1798)). Such joint resolutions, after passage by both Houses, are
    presented to the Archivist (1 U.S.C. 106b). Although the requirement of
    the Constitution seems specific, the practice of early Congresses was to
    present to the President for approval only such concurrent resolutions
    as were legislative in effect (IV, 3483, 3484).
      For discussion of Presidential approval of a joint resolution
    extending the period for State ratification of a constitutional
    amendment already submitted to the States, see Sec. 192, infra.
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892); Fourteen Diamond Rings v. United
    States, 183 U.S. 176 (1901); INS v. Chadha, 462 U.S. 919 (1983); Process
    Gas Consumer's Group v. Consumer Energy Council of America 463 U.S. 1216
    (1983).

      Section 8. The Congress <> shall
    have Power\1\ To lay and collect Taxes, Duties, Imposts and Excises, to
    pay the Debts and provide for the common Defence and general Welfare of
    the United States; but all Duties, Imposts and Excises shall be uniform
    throughout the United States;
    <>   \2\To borrow Money on the
    credit of the United States:
      \3\To regulate <> Commerce with
    foreign Nations, and among the several States, and with the Indian
    Tribes;
      \4\To establish <> an
    uniform Rule of Naturalization, and uniform Laws on the subject of
    Bankruptcies throughout the United States;

    [[Page 61]]

    <>   \5\To coin Money,
    regulate the Value thereof, and of foreign Coin, and fix the Standard of
    Weights and Measures;
      \6\To provide <> for the Punishment
    of counterfeiting the Securities and current Coin of the United States;-
    -
    <>   \7\To establish Post
    Offices and Post Roads;
      \8\To promote <> the Progress
    of Science and useful Arts, by securing for limited Times to Authors and
    Inventors the exclusive Right to their respective Writings and
    Discoveries;
    <>   \9\To constitute Tribunals
    inferior to the supreme Court;
    <>
    \10\To define and punish Piracies and Felonies committed on the high
    Seas, and Offenses against the Law of Nations;
    <>
    \11\To declare War, grant Letters of Marque and Reprisal, and make Rules
    concerning Captures on Land and Water;

      The 93d <> Congress passed over the President's veto Public Law 93-
    148, relating to the power of Congress to declare war under this clause
    and the power of the President as Commander in Chief under article II,
    section 2, clause 1. The law requires that the President report to
    Congress on the introduction of United States Armed Forces in the
    absence of a declaration of war. The President must terminate use of the
    Armed Forces unless Congress, within 60 calendar days after a report is
    submitted or is required to be submitted, (1) declares war or authorizes
    use of the Armed Forces; (2) extends by law the 60-day period; or (3) is
    physically unable to meet as result of armed attack. The Act also
    provided that Congress could adopt a concurrent resolution requiring the
    removal of Armed Forces engaged in foreign hostilities, a provision that
    should be read in light of INS v. Chadha, 462 U.S. 919 (1983). Sections
    6 and 7 of the Act provide

    [[Page 62]]

    congressional procedures for joint resolutions, bills, and concurrent
    resolutions introduced pursuant to the provisions of the Act (see
    Sec. 1130(2), infra). For further discussion of that Act, and war powers
    generally, see Deschler, ch. 13.

      \12\To raise <> and
    support Armies, but no Appropriation of Money to that Use shall be for a
    longer Term than two Years;
    <>   \13\To provide and maintain
    a Navy;
    <>   \14\To make Rules for the
    Government and Regulation of the land and naval Forces;
      \15\To provide <> for
    calling forth the Militia to execute the Laws of the Union, suppress
    Insurrections and repel Invasions;
      \16\To provide <> for organizing,
    arming, and disciplining, the Militia, and for governing such Part of
    them as may be employed in the Service of the United States, reserving
    to the States respectively, the Appointment of the Officers, and the
    Authority of training the Militia according to the discipline prescribed
    by Congress;
      \17\To exercise <> exclusive Legislation in all Cases whatsoever, over such
    District (not exceeding ten Miles square) as may, by Cession of
    particular States, and the Acceptance of Congress, become the Seat of
    the Government of the United States, and to exercise like Authority over
    all Places purchased by the Consent of the Legislature of the State in
    which the Same shall

    [[Page 63]]

    be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
    other needful Buildings;--And

      Congress has provided <> by law that ``all that part of the territory
    of the United States included within the present limits of the District
    of Columbia shall be the permanent seat of government of the United
    States'' (4 U.S.C. 71). Pursuant to its authority under this clause,
    Congress provided in 1970 for the people of the District of Columbia to
    be represented in the House of Representatives by a Delegate and for a
    Commission to report to the Congress on the organization of the
    government of the District of Columbia (P.L. 91-405; 84 Stat. 845). For
    the powers and duties of the Delegate from the District of Columbia, see
    rule III (Sec. 675, infra) and Deschler, ch. 7, Sec. 3. In 1973,
    Congress passed the District of Columbia Self-Government and
    Governmental Reorganization Act, which reorganized the governmental
    structure of the District, provided a charter for local government
    subject to acceptance by a majority of the registered qualified voters
    of the District, delegated certain legislative powers to the District,
    and implemented certain recommendations of the Commission on the
    Organization of the Government of the District of Columbia (P.L. 93-198;
    87 Stat. 774). Section 604 of that Act provides for congressional action
    on certain district matters by providing a procedure for approval and
    disapproval of certain actions by the District of Columbia Council. The
    section, as amended by Public Law 98-473, permits a highly privileged
    motion to discharge a joint resolution of approval or disapproval that
    has not been reported by the committee to which referred within 20
    calendar days after its introduction (see Sec. 1130(5), infra).
      Decisions <> of the Supreme
    Court of the United States: Hepburn v. Ellzey, 6 U.S. 445 (1805);
    National Mutual Insurance Co. of D.C. v. Tidewater Transfer Co, 337 U.S.
    582 (1945).

    -  \18\To make <> all Laws
    which shall be necessary and proper for carrying into Execution the
    foregoing Powers, and all other Powers vested by this Constitution in
    the Government of the United States, or in any Department or Officer
    thereof.

      Section 9. \1\The <> Migration or Importation of such Persons as any of the States
    now existing shall think proper to admit, shall not be prohibited by

    [[Page 64]]

    the Congress prior to the Year one thousand eight hundred and eight, but
    a Tax or duty may be imposed on such Importation, not exceeding ten
    dollars for each Person.
      \2\The Privilege of <> the
    Writ of Habeas Corpus shall not be suspended, unless when in Cases of
    Rebellion or Invasion the public Safety may require it.
    <>   \3\No
    Bill of Attainder or ex post facto Law shall be passed.
      \4\[No Capitation, <> or
    other direct, tax shall be laid, unless in Proportion to the Census or
    Enumeration herein before directed to be taken.]

      This provision was changed in 1913 by the 16th amendment.
    <>   \5\No Tax or Duty shall be laid on
    Articles exported from any State.
      \6\No Preference <> shall be
    given by any Regulation of Commerce or Revenue to the Ports of one State
    over those of another: nor shall Vessels bound to, or from, one State,
    be obliged to enter, clear, or pay Duties in another.
      \7\No Money <> shall be drawn from the Treasury, but in Consequence of
    Appropriations made by Law; and a regular Statement and Account of the
    Receipts and Expenditures of all public Money shall be published from
    time to time.

    [[Page 65]]

      \8\No Title of <> Nobility shall be granted by the United States: And no
    Person holding any Office of Profit or Trust under them, shall, without
    the Consent of the Congress, accept of any present, Emolument, Office,
    or Title, of any kind whatever, from any King, Prince, or foreign State.

      Consent has been <> granted to officers and employees of the government,
    under enumerated conditions, to accept certain gifts and decorations
    from foreign governments (see 5 U.S.C. 7342). The adoption of this act
    largely has obviated the practice of passing private bills to permit the
    officer or employee to retain the award. However, where the Speaker (who
    was one of the officers empowered by an earlier law to approve retention
    of decorations by Members of the House) was himself tendered an award
    from a foreign government, a private law (Private Law 91-244) was
    enacted to permit him to accept and wear the award so that he would not
    be in the position of reviewing his own application under the provisions
    of the law.
      Public Law 95-105 amended the Foreign Gifts and Decorations Act (now 5
    U.S.C. 7342) to designate the Committee on Standards of Official Conduct
    (now Ethics) of the House of Representatives as the employing agency for
    the House with respect to foreign gifts and decorations received by
    Members and employees; under that statute the Committee may approve the
    acceptance of foreign decorations and has promulgated regulations to
    carry out the Act with respect to Members and employees (Jan. 23, 1978,
    p. 452), and disposes of foreign gifts that may not be retained by the
    donee.
      Opinions of Attorneys General: Gifts from Foreign Prince, 24 Op. Att'y
    Gen. 117 (1902); Foreign Diplomatic Commission, 13 Op. Att'y Gen. 538
    (1871); Marshal of Florida, 6 Op. Att'y Gen. 409 (1854).

      Section 10. \1\No <> State shall
    enter into any Treaty, Alliance, or Confederation; grant Letters of
    Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing
    but gold and silver Coin a Tender in Payment of Debts; pass any Bill of
    Attainder, ex post facto Law, or Law impairing the Obligation of
    Contracts, or grant any Title of Nobility.

    [[Page 66]]

      \2\No State <> shall, without the Consent of the Congress, lay any Imposts or
    Duties on Imports or Exports, except what may be absolutely necessary
    for executing it's inspection Laws: and the net Produce of all Duties
    and Imposts, laid by any State on Imports or Exports, shall be for the
    Use of the Treasury of the United States; and all such Laws shall be
    subject to the Revision and Controul of the Congress.
      \3\No State <> shall, without the Consent of Congress, lay
    any Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
    enter into any Agreement or Compact with another State, or with a
    foreign Power, or engage in War, unless actually invaded, or in such
    imminent Danger as will not admit of delay. end segment .001
    deg. segment .002 -- Constitution, from article II  deg.

                                   ARTICLE II.

      Section 1. \1\The <> executive Power shall be vested in a President of the
    United States of America. He shall hold his Office during the Term of
    four years, and together with the Vice President, chosen for the same
    Term, be elected, as follows:

      George <> Washington took the oath of office as the first President on
    April 30, 1789 (III, 1986). The two Houses of the First Congress found,
    after examination by a joint committee, that by provisions made in the
    Federal Constitution and by the Continental Congress, the term of the
    President had, notwithstanding, begun on March 4, 1789 (I, 3). The 20th
    amendment, declared to have been ratified on February 6, 1933, provides
    that Presidential terms shall end and successor terms shall begin at
    noon on January 20. Thus, Franklin D. Roosevelt's first term began on
    March 4, 1933, but ended at noon on January 20, 1937. Formerly, when
    March 4

    [[Page 67]]

    fell on Sunday, the public inauguration of the President occurred at
    noon on March 5 (III, 1996; VI, 449). Following ratification of the 20th
    amendment, the first time inauguration day fell on Sunday was January
    20, 1957, and President Eisenhower took the oath for his second term in
    a private ceremony at the White House on that day followed by a public
    inauguration ceremony on the steps of the East Front of the Capitol on
    Monday, January 21, 1957. A similar scenario was followed at the
    beginning of the second terms of President Reagan and President Obama,
    with the oath being given at the White House on Sunday (1985 and 2013),
    followed by a public ceremony on Monday in the Rotunda (1985) or the
    East Front of the Capitol (2013). The 22d amendment provides that no
    person shall be elected President more than twice.

      \2\Each <> State shall appoint, in such Manner as the
    Legislature thereof may direct, a Number of Electors, equal to the whole
    Number of Senators and Representatives to which the State may be
    entitled in the Congress; but no Senator or Representative, or Person
    holding an Office of Trust or Profit under the United States, shall be
    appointed an Elector.

      Questions <> of the qualifications of electors have arisen, and in one
    instance certain ones were found disqualified, but because their number
    was not sufficient to affect the result and there was doubt as to what
    tribunal should pass on the question the votes were counted (III, 1941).
    In other cases there were objections, but the votes were counted (III,
    1972-1974, 1979). In one instance an elector found to be disqualified
    resigned both offices, whereupon he was made eligible to fill the
    vacancy thus caused among electors (III, 1975).

      \3\[The <> Electors shall meet in their respective States and
    vote by Ballot for two Persons, of whom one at least shall not be an
    Inhabitant of the same State with themselves. And they shall make a List
    of all the Persons voted for, and of the Number of Votes for each; which
    List they shall sign and certify, and transmit sealed to the Seat

    [[Page 68]]

    of Government of the United States, directed to the President of the
    Senate. The President of the Senate shall, in the presence of the Senate
    and House of Representatives, open all the Certificates, and the Votes
    shall then be counted. The Person having the greatest Number of Votes
    shall be the President, if such Number be a majority of the whole Number
    of Electors appointed: and if there be more than one who have such
    Majority, and have an equal Number of Votes, then the House of
    Representatives shall immediately chuse by Ballot one of them for
    President; and if no Person have a Majority, then from the five highest
    on the List the said House shall in like manner chuse the President. But
    in chusing the President, the Votes shall be taken by States, the
    Representation from each State having one Vote; A quorum for this
    purpose shall consist of a Member or Members from two thirds of the
    States, and a Majority of all the States shall be necessary to a Choice.
    In every Case, after the Choice of the President, the Person having the
    greatest Number of Votes of the Electors shall be the Vice President.
    But if there should remain two or more who have equal Votes, the Senate
    shall chuse from them by Ballot the Vice-President.]

      This third clause of article II, section 1 was superseded by the 12th
    amendment (see Sec. Sec. 219-223, infra).

    <>   \4\The Congress may determine the Time of chusing
    the Electors, and the Day on which they shall

    [[Page 69]]

    give their Votes; which Day shall be the same throughout the United
    States.

      The time for choosing electors has been fixed on ``the Tuesday next
    after the first Monday in November, in every fourth year''; and the
    electors in each State ``meet and give in their votes on the first
    Monday after the second Wednesday in December next following their
    appointment, at such place in each State as the legislature of such
    State shall direct'' (III, 1914; VI, 438; 3 U.S.C. 1, 7). The statute
    also provides for transmitting to the President of the Senate
    certificates of the appointment of the electors and of their votes (III,
    1915-1917; VI, 439; 3 U.S.C. 11).

      \5\No <> Person except a natural born Citizen, or a Citizen of the
    United States, at the time of the Adoption of this Constitution, shall
    be eligible to the Office of President; neither shall any Person be
    eligible to that Office who shall not have attained to the Age of thirty
    five Years, and been fourteen Years a Resident within the United States.
      \6\In <> Case of
    the Removal of the President from Office, or of his Death, Resignation,
    or Inability to discharge the Powers and Duties of the said Office, the
    Same shall devolve on the Vice President, and the Congress may by Law
    provide for the Case of Removal, Death, Resignation or Inability, both
    of the President and Vice President, declaring what Officer shall then
    act as President, and such Officer shall act accordingly, until the
    Disability be removed, or a President shall be elected.

      The <> 25th amendment
    provides for filling a vacancy in the Office of the Vice President and,
    when the President is unable to perform the duties of his office, for
    the Vice President to assume those powers and duties as Acting
    President. During the 93d Congress, President Richard M. Nixon resigned
    from office

    [[Page 70]]

    on August 9, 1974, by delivering a signed resignation to the Office of
    the Secretary of State, pursuant to 3 U.S.C. 20. Pursuant to the 25th
    amendment, Vice President Gerald R. Ford became President and the House
    and Senate confirmed his nominee, Nelson A. Rockefeller, to become Vice
    President (December 19, 1974, p. 41516).
      Congress also has provided for the performance of the duties of the
    President in case of removal, death, resignation or inability, both of
    the President and Vice President (3 U.S.C. 19).

      \7\The <> President shall,
    at stated Times, receive for his Services, a Compensation, which shall
    neither be encreased nor diminished during the Period for which he shall
    have been elected, and he shall not receive within that Period any other
    Emolument from the United States, or any of them.

      The compensation of the President is established by law (3 U.S.C.
    102). In addition, the law provides an expense allowance (3 U.S.C. 102)
    and a travel allowance (3 U.S.C. 103).

      \8\Before <> he enter on the
    Execution of his Office, he shall take the following Oath or
    Affirmation:--``I do solemnly swear (or affirm) that I will faithfully
    execute the Office of President of the United States, and will to the
    best of my Ability, preserve, protect and defend the Constitution of the
    United States.''

      The <> taking of this
    oath, which is termed the inauguration, is made the occasion of certain
    ceremonies that are arranged for by a joint committee of the two Houses
    (III, 1998, 1999; VI, 451). For many years the oath was normally taken
    at the east portico of the Capitol, although in earlier years it was
    taken in the Senate Chamber or Hall of the House (III, 1986-1995). On
    March 4, 1909, owing to inclement weather, the President-elect took the
    oath and delivered his inaugural address in the Senate Chamber (VI,
    447). And when Vice President Fillmore succeeded to the vacancy in the
    Office of President, Congress being in session, he took the oath in the
    Hall of the House in the presence of the Senate and House (III, 1997).
    In 1945 Franklin D. Roosevelt, who had been elected for his fourth term
    as President, took the oath of office on the south portico at the White
    House. On August

    [[Page 71]]

    9, 1974, Gerald R. Ford, who as Vice President succeeded to the
    Presidency following the resignation of President Nixon on that day, was
    sworn in in the East Room of the White House. The West Front of the
    Capitol was first used for the inaugural ceremony for Ronald W. Reagan,
    Jan. 20, 1981. Because of extreme cold, the public administration of the
    oath was for the first time held in the Rotunda of the Capitol, rather
    than on the West Front, as scheduled, on January 21, 1985. Permission
    for such use is authorized by concurrent resolution (see, e.g., Oct. 9,
    1984, p. 30926).

      Section 2. \1\The <> President shall be Commander in Chief of the Army and Navy of
    the United States, and of the Militia of the several States, when called
    into the actual Service of the United States; he may require
    the <> Opinion,
    in writing, of the principal Officer in each of the executive
    Departments, upon any Subject relating to the Duties of their
    respective <> Offices, and he shall have Power to grant Reprieves and
    Pardons for Offences against the United States, except in Cases of
    Impeachment.

      The <>  93d
    Congress passed over the President's veto Public Law 93-148, relating to
    the power of Congress to declare war under article I, section 8, clause
    11 (Sec. 127, supra) and the power of the President as Commander in
    Chief under this clause. For further discussion of the reports to
    Congress required and the procedure for congressional action provided
    under Public Law 93-148, see Sec. 128, supra.
      In <> 1974, President
    Ford exercised his power under the last phrase of this clause by
    pardoning former President Nixon for any crimes he might have committed
    during a certain period in office (Proclamation 4311, September 8,
    1974). The former President had resigned on August 9, 1974, following
    the decision of the Committee on the Judiciary to report to the House a
    recommendation of impeachment (H. Rept. 93-1305, Aug. 20, 1974, p.
    29219).

      \2\He <> shall have Power,
    by and with the Advice and Consent of the Senate, to make Treaties,
    provided two thirds of the

    [[Page 72]]

    Senators present concur; and he shall nominate, and by and with the
    Advice and Consent of the Senate, shall appoint
    Ambassadors, <> other public Ministers and Consuls, Judges of the Supreme
    Court, and all other Officers of the United States, whose Appointments
    are not herein otherwise provided for, and which shall be established by
    Law; but the Congress may by Law vest the Appointment of such inferior
    Officers, as they think proper, in the President alone, in the Courts of
    Law, or in the Heads of Departments.

      The power of the President to appoint diplomatic representatives to
    foreign governments and to determine their rank is derived from the
    Constitution and may not be circumscribed by statutory enactments (VII,
    1248). In Buckley v. Valeo, 424 U.S. 1 (1976), the Supreme Court held
    that any appointee exercising significant authority (not merely internal
    delegable authorities within the legislative branch) pursuant to the
    laws of the United States is an Officer of the United States and must
    therefore be appointed pursuant to this clause, and that Congress cannot
    by law vest such appointment authority in its own officers or require
    that Presidential appointments be subject to confirmation by both
    Houses. For a discussion of the role of the House with respect to
    treaties affecting revenue, see Sec. 597, infra.

      \3\The <> President shall have Power to fill up all
    Vacancies that may happen during the Recess of the Senate, by granting
    Commissions which shall expire at the End of their next Session.

      Decision <> of the Supreme
    Court of the United States: National Labor Relations Bd. v. Noel
    Canning, 573 U.S. _ (2014).

      Section 3. <> He shall
    from time to time give to the Congress Information of the State of the
    Union, and recommend

    [[Page 73]]

    to their Consideration such Measures as he shall judge necessary and
    expedient; * * *

      In the early years of the Government the President made a speech to
    Congress on its assembling (V, 6629), but in 1801 President Jefferson
    discontinued this practice and transmitted a message in writing. This
    protocol was followed until April 8, 1913, when the custom of addressing
    Congress in person was resumed by President Wilson and, with the
    exception of President Hoover (VIII, 3333) has been followed generally
    by subsequent Presidents. A message in writing is usually communicated
    to both Houses on the same day, but an accompanying document can be sent
    to but one House (V, 6616, 6617). The President's State of the Union
    message delivered in person to the 95th Congress, second Session,
    together with separate hand-delivered written messages, were referred on
    motion to the Union Calendar and ordered printed (Jan. 19, 1978, p.
    152). In early years confidential messages were often sent and
    considered in secret session of the House (V, 7251, 7252).
      By <> law (31 U.S.C. 1105),
    the President is required to transmit the budget to Congress on or after
    the first Monday in January but not later than the first Monday in
    February each year. In addition, the President is required to submit a
    supplemental budget summary by July 16 each year (31 U.S.C. 1106).
    Submission of the Economic Report of the President is required within 10
    days after the submission of the budget (15 U.S.C. 1022). The
    Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 601)
    requires the transmittal to Congress by the President of amendments and
    revisions related to the budget on or before April 10 and July 15 of
    each year. In addition, the Act provides for the transmittal of messages
    proposing rescissions and deferrals of budget authority (2 U.S.C. 682).
      When the President has expressed desire to address Congress in person
    a concurrent resolution is adopted by both Houses arranging for a joint
    session to receive the message. The Speaker presides and the President
    of the Senate (the Vice President) sits to the right of the Speaker, but
    in the absence of the Vice President, the President pro tempore sits to
    the left of the Speaker (Nov. 27, 1963, p. 22838).
      The <> ceremony of receiving a message in writing is simple (V,
    6591), and may occur during consideration of a question of privilege (V,
    6640-6642) or before the organization of the House (V, 6647-6649) and in
    the absence of a quorum (V, 6650; VIII, 3339; clause 7 of rule XX).
      But, with the exception of vetoes, messages are regularly laid before
    the House only at the time prescribed by the rule for the order of
    business (V, 6635-6638) within the discretion of the Speaker (VIII,
    3341). Although a message of the President is always read, the latest
    rulings have not permitted the reading of the accompanying documents to
    be demanded as a matter of right (V, 5267-5271; VII, 1108). A concurrent
    resolution

    [[Page 74]]

    providing for a joint session to receive the President's message was
    held to be of the highest privilege (VIII, 3335).

    * * * <> he may, on extraordinary Occasions, convene both
    Houses, or either of them, and in Case of Disagreement between them,
    with Respect to the Time of Adjournment, he may adjourn them to such
    Time as he shall think proper; * * *

      In certain exigencies the President may convene Congress at a place
    other than the seat of government (I, 2; 2 U.S.C. 27). Congress has on
    occasion been convened by the President (I, 10, 11; Nov. 17, 1947, p.
    10578; July 26, 1948, p. 9362), and in one instance, when Congress had
    provided by law for meeting, the President called it together on an
    earlier day (I, 12). The Congress having adjourned on July 27, 1947, p.
    10521, and on June 20, 1948, p. 9350, to a day certain, the President
    called it together on an earlier date than that to which it adjourned
    (Nov. 17, 1947, p. 10577; July 26, 1948, p. 9362). There has been some
    discussion as to whether or not there is a distinction between a session
    called by the President and other sessions of Congress (I, 12,
    footnote).

    * * * <> he shall receive Ambassadors and other
    public Ministers; he shall take Care That the Laws be faithfully
    executed, and shall Commission all the officers of the United States.

      Section 4. <> The
    President, Vice President, and all civil Officers of the United States,
    shall be removed from Office on Impeachment for, and Conviction of,
    Treason, Bribery, or other high Crimes and Misdemeanors.

      In <> the
    Blount trial the managers contended that all citizens of the United
    States were liable to impeachment, but this contention was not admitted
    (III, 2315), and in the Belknap trial both managers and counsel for
    respondent agreed that a private citizen, apart from offense in an
    office, might not be impeached (III, 2007). But resignation of the
    office does not prevent impeachment for crime or misdemeanor therein
    (III, 2007, 2317, 2444,

    [[Page 75]]

    2445, 2459, 2509). In Blount's case it was decided that a Senator was
    not a civil officer within the meaning of the impeachment provisions of
    the Constitution (III, 2310, 2316). Questions have also arisen as to
    whether or not the Congressional Printer (III, 1785), or a vice consul-
    general (III, 2515), might be impeached. Proceedings for the impeachment
    of territorial judges have been taken in several instances (III, 2486,
    2487, 2488), although various opinions have been given that such an
    officer is not impeachable (III, 2022, 2486, 2493). A committee of the
    House by majority vote held a Commissioner of the District of Columbia
    not to be a civil officer subject to impeachment under the Constitution
    (VI, 548). An independent counsel appointed under 28 U.S.C. 593 (a
    statute currently ineffective under 28 U.S.C. 599) may be impeached
    under 28 U.S.C. 596(a), and a resolution impeaching such an independent
    counsel constitutes a question of the privileges of the House under rule
    IX (Sept. 23, 1998, p. 21560).
      As <> to what are
    impeachable offenses there has been much discussion (III, 2008, 2019,
    2020, 2356, 2362, 2379-2381, 2405, 2406, 2410, 2498, 2510; VI, 455;
    Impeachment of Richard M. Nixon, President of the United States,
    Committee on the Judiciary, H. Rept. 93-1305, Aug. 20, 1974, p. 29219;
    Associate Justice William O. Douglas, Final Report by the Special
    Subcommittee on H. Res. 920, Committee on the Judiciary, Sept. 17, 1970;
    Impeachment of William Jefferson Clinton, President of the United
    States, H. Rept. 105-830, Dec. 16, 1998). For a time the theory that
    indictable offenses only were impeachable was stoutly maintained and as
    stoutly denied (III, 2356, 2360-2362, 2379-2381, 2405, 2406, 2410,
    2416); but on the 10th and 11th articles of the impeachment of President
    Andrew Johnson the House concluded to impeach for other than indictable
    offenses (III, 2418), and in the Swayne trial the theory was definitely
    abandoned (III, 2019). Although there has not been definite concurrence
    in the claim of the managers in the trial of the President that an
    impeachable offense is any misbehavior that shows disqualification to
    hold and exercise the office, whether moral, intellectual, or physical
    (III, 2015), the House has impeached judges for improper personal habits
    (III, 2328, 2505), and in the impeachment of President Johnson one of
    the articles charged him with ``intemperate, inflammatory, and
    scandalous harangues'' in public addresses, tending to harm the
    Government (III, 2420). There was no conviction under these charges
    except in the single case of Judge Pickering, who was charged with
    intoxication on the bench (III, 2328-2341). As to the impeachment of
    judges for other delinquencies, there has been much contention as to
    whether they may be impeached for any breach of good behavior (III,
    2011, 2016, 2497), or only for judicial misconduct occurring in the
    actual administration of justice in connection with the court (III,
    2010, 2013, 2017). The intent of the judge (III, 2014, 2382) as related
    to mistakes of the law, and the relations of intent to conviction have
    been discussed at length (III, 2014, 2381, 2382, 2518, 2519). The
    statutes make nonresidence of a judge an impeachable offense, and the
    House has taken steps

    [[Page 76]]

    to impeach for this cause (III, 2476, 2512). There has, however, been
    some question as to the power of Congress to make an impeachable offense
    (III, 2014, 2015, 2021, 2512). Usurpation of power has been examined
    several times as a cause for impeachment (III, 2404, 2508, 2509, 2516,
    2517). There also has been discussion as to whether or not there is
    distinction between a misdemeanor and a high misdemeanor (III, 2270,
    2367, 2492). Review of impeachments in Congress showing the nature of
    charges upon which impeachments have been brought and judgments of the
    Senate thereon (VI, 466). The report accompanying a resolution to
    impeach President Clinton, and the debate in the House thereon, included
    discussion of the nature of an impeachable offense (H. Rept. 105-830;
    Dec. 18, 1998, p. 27828). Of the four articles of impeachment of
    President Clinton reported by the Committee on the Judiciary ((1)
    perjury in grand jury, (2) perjury in a civil deposition, (3)
    obstruction of justice, and (4) improper responses to written questions
    from the Committee on the Judiciary), only the first and third were
    adopted by the House (Dec. 19, 1998, p. 28110). The President was
    acquitted by the Senate on each article (Feb. 12, 1999, p. 2376).
      The <> articles of
    impeachment adopted by the House in 1936 against Judge Ritter charged a
    variety of judicial misconduct, including violations of criminal law.
    The seventh and general article, upon which Judge Ritter was convicted
    by the Senate, charged general misconduct to bring his court into
    scandal and disrepute and to destroy public confidence in his court and
    in the judicial system (Impeachment by the House, Mar. 2, 1936, p. 3091;
    Conviction by the Senate, Apr. 17, 1936, p. 5606). Following his
    conviction by the Senate, former Judge Ritter brought an action for back
    salary, contending that the Senate had tried and convicted him for
    nonimpeachable offenses. The U.S. Court of Claims held that the Senate's
    power to try impeachments was exclusive and not subject to judicial
    review. Ritter v. United States, 84 Ct. Cls. 293 (1936), cert. denied,
    300 U.S. 668 (1937).
      In 1970 a special subcommittee of the Committee on the Judiciary
    considered charges of impeachment against Associate Justice Douglas of
    the Supreme Court. The subcommittee recommended against his impeachment
    but concluded that a Federal judge could be impeached (1) for judicial
    conduct that is a serious dereliction from public duty and (2) for
    nonjudicial conduct that is criminal in nature (Associate Justice
    William O. Douglas, Final Report by the Special Subcommittee on H. Res.
    920, Committee on the Judiciary, September 17, 1970).
      In 1974 the Committee on the Judiciary investigated charges of
    impeachment against President Nixon (Feb. 6, 1974, p. 2349), and
    determined to recommend his impeachment to the House. The President
    having resigned, the committee reported to the House without submitting
    a resolution of impeachment, and the House accepted the report by
    resolution (Aug. 20, 1974, p. 29361). The report of the committee
    included the text of the three articles of impeachment adopted by the
    committee. The committee had

    [[Page 77]]

    concluded that impeachable offenses need not be indictable offenses and
    recommended impeachment of the President (1) for violating his oath of
    office and his duty under the Constitution by preventing, obstructing,
    and impeding the administration of justice; (2) for engaging in a course
    of conduct violating the constitutional rights of citizens, impairing
    the administration of justice, and contravening the laws governing
    executive agencies; and (3) for failing to honor subpoenas issued by the
    Committee on the Judiciary in the course of its impeachment inquiry
    (Impeachment of Richard M. Nixon, President of the United States,
    Committee on the Judiciary, H. Rept. 93-1305, Aug. 20, 1974, printed in
    full in the Cong. Record, Aug. 22, 1974, p. 29219).
      In 1986, for the first time since 1936, the House agreed to a
    resolution impeaching a Federal district judge. Judge Harry Claiborne
    had been convicted of falsifying Federal income tax returns. His final
    appeal was denied by the Supreme Court in April, and he began serving
    his prison sentence in May. Because he declined to resign, however,
    Judge Claiborne was still receiving his judicial salary and, absent
    impeachment, would resume the bench on his release from prison.
    Consequently, a resolution of impeachment was introduced on June 3, and
    on July 16, the Committee on the Judiciary reported to the House four
    articles of impeachment against Judge Claiborne. On July 22, the
    resolution was called up as a question of privilege and agreed to by a
    recorded vote of 406 yeas, 0 nays. After trial in the Senate, Judge
    Claiborne was convicted on three of the four articles of impeachment and
    removed from office on October 9, 1986.
      In 1988, the House agreed to a resolution reported from the Committee
    on the Judiciary and called up as a question of the privileges of the
    House impeaching Federal district judge Alcee L. Hastings for high
    crimes and misdemeanors specified in 17 articles of impeachment, some of
    them addressing allegations on which the judge had been acquitted in a
    Federal criminal trial (Aug. 3, 1988, p. 20206). No trial in the Senate
    was had before the adjournment of the 100th Congress. In the 101st
    Congress, the House reappointed managers to conduct this impeachment in
    the Senate (Jan. 3, 1989, p. 84); the Senate began its deliberations on
    March 15, 1989 (p. 4219); conviction and removal from office occurred on
    October 20, 1989 (p. 25335). Also in the 101st Congress, the Senate
    convicted Federal district judge Walter L. Nixon on two of the three
    impeachment charges brought against him (Nov. 3, 1989, p. 27101). For
    further discussion of the continuance of impeachment proceedings in a
    succeeding Congress, see Sec. 620, infra.
      In 1998 the House agreed to a privileged resolution reported from the
    Committee on Rules, referring to the Committee on the Judiciary a
    communication from an independent counsel transmitting under 28 U.S.C.
    595(c) evidence of possible impeachable offenses by President Clinton,
    and restricting access to the communication and to meetings and hearings
    thereon (Sept. 11, 1998, p. 20020). Later, the House adopted a
    privileged resolution reported from the Committee on the Judiciary
    authorizing an impeach

    [[Page 78]]

    ment inquiry by that committee and investing it with special
    investigative authorities to facilitate the inquiry (Oct. 8, 1998, p.
    24679). The Committee on the Judiciary filed with the House a privileged
    report accompanying a resolution containing four articles of impeachment
    against President Clinton that alleged: (1) the President gave
    perjurious, false, and misleading testimony to a grand jury; (2) the
    President gave perjurious, false, and misleading testimony in a Federal
    civil action; (3) the President prevented, obstructed, and impeded the
    administration of justice relating to a Federal civil action; and (4)
    the President abused his office, impaired the administration of justice,
    and contravened the authority of the legislative branch by his response
    to 81 written questions submitted by the Committee on the Judiciary
    (Dec. 17, 1998, p. 27819). The chair of the Committee on the Judiciary
    called up the resolution on December 18, 1998 (p. 27828).
      In 2008, the House agreed to an unreported resolution authorizing an
    impeachment inquiry of Federal district judge G. Thomas Porteous by the
    Committee on the Judiciary and investing it with special investigative
    authorities to facilitate the inquiry (Sept. 17, 2008, p. 19517), which
    was continued in the next Congress (Jan. 13, 2009, p. 568). In 2010, the
    House adopted a resolution reported from the committee and called up as
    a question of the privileges of the House impeaching the judge for high
    crimes and misdemeanors specified in 4 articles of impeachment (Mar. 11,
    2010, p. 3147).
      In 2009, the House agreed to a resolution reported from the Committee
    on the Judiciary and called up as a question of the privileges of the
    House impeaching Federal district judge Samuel B. Kent for high crimes
    and misdemeanors specified in 4 articles of impeachment, some of them
    addressing allegations on which the judge had been convicted in a
    Federal criminal trial (June 19, 2009, p. 15747).
      A resolution offered from the floor to permit the Delegate of the
    District of Columbia to vote on the articles of impeachment was held not
    to constitute a question of the privileges of the House under rule IX
    (Dec. 18, 1998, p. 27825). To a privileged resolution of impeachment, an
    amendment proposing instead censure, which is not privileged, was held
    not germane (Dec. 19, 1998, p. 28100).
      For further discussion of impeachment proceedings, see Sec. Sec. 601-
    620, infra; Sec. 31, supra, and Deschler, ch. 14.

                                  ARTICLE III.

      Section 1. <> The judicial Power of the United States, shall be vested
    in one supreme Court, and in such inferior Courts as the Congress may
    from

    [[Page 79]]

    time to time ordain and establish. The Judges, both of the supreme and
    inferior Courts, shall hold their Offices during good Behaviour, and
    shall, at stated Times, receive for their Services, a Compensation,
    which shall not be diminished during their Continuance in Office.

      Section 2. \1\The <> judicial Power shall extend to all Cases, in Law and Equity,
    arising under this Constitution, the Laws of the United States, and
    Treaties made, or which shall be made, under their Authority;--to all
    Cases affecting Ambassadors, other public Ministers and Consuls;--to all
    Cases of admiralty and maritime Jurisdiction;--to Controversies to which
    the United States shall be a Party;--to Controversies between two or
    more States;--between a State and Citizens of another State;--between
    Citizens of different States;--between Citizens of the same State
    claiming Lands under Grants of different States, and between a State, or
    the Citizens thereof, and foreign States, Citizens or Subjects.

      Decisions <> of the Supreme Court involving legislative standing to bring
    cases in Federal court include Coleman v. Miller, 307 U.S. 433 (1939);
    Goldwater v. Carter, 444 U.S. 996 (1979); Allen v. Wright, 468 U.S. 737
    (1984); Whitmore v. Arkansas, 495 U.S. 149 (1990); and, most recently,
    Raines v. Byrd, 521 U.S. 811 (1997), holding that Member plaintiffs must
    have alleged a ``personal stake'' in having an actual injury redressed,
    rather than an ``institutional injury'' that is ``abstract and widely
    dispersed.'' See also the 11th amendment (Sec. 218, infra).
      \2\In <> all Cases affecting Ambassadors, other public Ministers
    and Consuls, and those in which a State shall be Party, the supreme
    Court shall

    [[Page 80]]

    have original Jurisdiction. In all the other Cases before mentioned, the
    supreme Court shall have appellate Jurisdiction, both as to Law and
    Fact, with such Exceptions, and under such Regulations as the Congress
    shall make.
      \3\The <> Trial of
    all Crimes, except in Cases of Impeachment, shall be by Jury; and such
    Trial shall be held in the State where the said Crimes shall have been
    committed; but when not committed within any State, the Trial shall be
    at such Place or Places as the Congress may by Law have directed.

      Section 3. \1\Treason <> against the United States, shall consist only in levying War
    against them, or in adhering to their Enemies, giving them Aid and
    Comfort. No Person shall be convicted of Treason unless on the Testimony
    of two Witnesses to the same overt Act, or on Confession in open Court.
      \2\The <> Congress shall have
    Power to declare the Punishment of Treason, but no Attainder of Treason
    shall work Corruption of Blood, or Forfeiture except during the Life of
    the Person Attainted.

                                   ARTICLE IV.

      Section 1. <> Full Faith and Credit shall be given
    in each State to the Public Acts, Records, and judicial Proceedings of
    every other State. And the Congress may by general Laws prescribe the

    [[Page 81]]

    Manner in which such Acts, Records and Proceedings shall be proved, and
    the Effect thereof.
    <>   Section 2.
    \1\The Citizens of each State shall be entitled to all Privileges and
    Immunities of Citizens in the several States.
      \2\A <> Person charged in any State with Treason, Felony, or other
    Crime, who shall flee from Justice, and be found in another State, shall
    on Demand of the executive Authority of the State from which he fled, be
    delivered up, to be removed to the State having Jurisdiction of the
    Crime.
      \3\No <> Person
    held to Service or Labour in one State, under the Laws thereof, escaping
    into another, shall, in Consequence of any Law or Regulation therein, be
    discharged from such Service or Labour, but shall be delivered up on
    Claim of the Party to whom such Service or Labour may be due.

      Section 3. \1\New <> States may be admitted by the Congress into this Union; but no
    new State shall be formed or erected within the Jurisdiction of any
    other State; nor any State be formed by the Junction of two or more
    States, or Parts of States, without the Consent of the Legislatures of
    the States concerned as well as of the Congress.
      \2\The <> Congress shall have Power to dispose of and make
    all needful Rules and Regulations respecting the Territory or other
    Property belonging to

    [[Page 82]]

    the United States; and nothing in this Constitution shall be so
    construed as to Prejudice any Claims of the United States, or of any
    particular State.

      The Court of Appeals for the District of Columbia Circuit has held
    that the property clause does not prohibit the transfer of United States
    property to foreign nations through self-executing treaties. Edwards v.
    Carter, 580 F.2d 1055 (1978), cert. denied, 436 U.S. 907 (1978).

      Section 4. The <> United
    States shall guarantee to every State in this Union a Republican Form of
    Government, and shall protect each of them against Invasion; and on
    Application of the Legislature, or of the Executive (when the
    Legislature cannot be convened) against domestic violence.

                                   ARTICLE V.

      The <> Congress,
    whenever two thirds of both Houses shall deem it necessary, shall
    propose Amendments to this Constitution, or, on the Application of the
    Legislatures of two thirds of the several States, shall call a
    Convention for proposing Amendments, which, in either Case, shall be
    valid to all Intents and Purposes, as Part of this Constitution, when
    ratified by the Legislatures of three fourths of the several States, or
    by Conventions in three fourths thereof, as the one or the other Mode of
    Ratification may be proposed by the Congress; Provided that no Amendment
    which may be made prior to the Year One thousand eight hundred and eight
    shall in any Manner af

    [[Page 83]]

    fect the first and fourth Clauses in the Ninth Section of the first
    Article; and that no State, without its Consent, shall be deprived of
    its equal Suffrage in the Senate.

      Amendments <> to the Constitution are proposed in the form of joint
    resolutions, which have their several readings and are enrolled and
    signed by the presiding officers of the two Houses (V, 7029, footnote),
    but are not presented to the President for his approval (V, 7040; see
    discussion under Sec. 115, supra; Hollingsworth v. Virginia, 3 U.S. (3
    Dall.) 378 (1798)). They are filed with the Archivist who, under the law
    (1 U.S.C. 106b; 1 U.S.C. 112), has the responsibility for the
    certification and publication of such amendments, once they are ratified
    by the States. Under the earlier procedure, the two Houses sometimes
    requested the President to transmit to the States certain proposed
    amendments (V, 7041, 7043), but a concurrent resolution to that end was
    without privilege (VIII, 3508). The President notified Congress by
    message of the promulgation of the ratification of a constitutional
    amendment (V, 7044). The House in the 114th Congress required that
    petitions from state legislatures purporting to call for constitutional
    conventions or to rescind such calls be made publicly available (sec.
    3(c), H. Res. 5, Jan. 6, 2015, p. _).-
      The <> vote required on a joint resolution proposing an amendment
    to the Constitution is two-thirds of those voting, a quorum being
    present, and not two-thirds of the entire membership (V, 7027, 7028;
    VIII, 3503). The majority required to pass a constitutional amendment,
    like the majority required to pass a bill over the President's veto
    (VII, 1111) and the majority required to adopt a motion to suspend the
    rules (Dec. 16, 1981, pp. 31850, 31851, 31855, 31856), is two-thirds of
    those Members voting either in the affirmative or negative, a quorum
    being present, and Members who only indicate that they are ``present''
    are not counted in this computation (Nov. 15, 1983, p. 32685). The
    requirement of the two-thirds vote applies to the vote on final passage
    and not to amendments (V, 7031, 7032; VIII, 3504), or prior stages (V,
    7029, 7030), but is required if the House votes on agreeing to Senate
    amendments (V, 7033, 7034; VIII, 3505), or on agreeing to a conference
    report (V, 7036). One House having, by a two-thirds vote, passed in
    amended form a proposed constitutional amendment from the other House,
    and then having by a majority vote receded from its amendment, the
    constitutional amendment was held not to be passed (V, 7035).
      In the 95th Congress, both the House and Senate agreed by a majority
    vote to House Joint Resolution 638, extending the time period for
    ratification by the States of the Equal Rights Amendment, where House
    Joint Resolution 208 of the 92d Congress, proposing the amendment, had
    provided for a seven-year ratification period. The House determined, by
    laying

    [[Page 84]]

    on the table by a record vote a privileged resolution asserting that a
    vote of two-thirds of the Members present and voting was required to
    pass a joint resolution extending the ratification period for a
    constitutional amendment already submitted to the States, that only a
    majority vote was required on such a measure (H.J. Res. 638; Speaker
    O'Neill, Aug. 15, 1978, p. 26203).
      The joint resolution extending the ratification period for the Equal
    Rights Amendment was delivered to the President, who signed it although
    expressing doubt as to the necessity for his doing so (Presidential
    Documents, Oct. 19, 1978). When sent to the Archivist, the joint
    resolution was not assigned a public law number, but the Archivist
    notified the States of the action of the Congress in extending the
    ratification period. For a judicial decision voiding this extension, see
    Idaho v. Freeman, 529 F.Supp. 1107 (D.C.D. Idaho, 1981), judgment stayed
    sub nom. National Organization of Women v. Idaho, 455 U.S. 918 (1982),
    vacated and remanded to dismiss, 459 U.S. 809 (1982).
      The yeas and nays are not required to pass a joint resolution
    proposing to amend the Constitution (V, 7038-7039; VIII, 3506).
      Question has arisen as to the power of a State to recall, or rescind,
    its assent to a constitutional amendment (V, 7042; footnotes to
    Sec. Sec. 225, 234, infra) but has not been the subject of a final
    judicial determination (see Idaho v. Freeman, 529 F.Supp. 1107 (D.
    Idaho, 1981), judgment stayed sub nom. National Organization of Women v.
    Idaho, 455 U.S. 918 (1982), vacated and remanded to dismiss, 459 U.S.
    809 (1982)).
      Decisions <> of the Supreme
    Court of the United States: National Prohibition Cases, 253 U.S. 350
    (1920); Hawke v. Smith, 253 U.S. 221 (1920); Dillon v. Gloss, 256 U.S.
    368 (1921); Leser v. Garnett, 258 U.S. 130 (1922); Coleman v. Miller,
    307 U.S. 433 (1939); Chandler v. Wise, 307 U.S. 474 (1939).

                                   ARTICLE VI.

      \1\All <> Debts
    contracted and Engagements entered into, before the Adoption of this
    Constitution, shall be as valid against the United States under this
    Constitution, as under the Confederation.
      \2\This <> Constitution, and the Laws of the United States which
    shall be made in Pursuance thereof; and all Treaties made, or which
    shall be made, under the Authority of the United States, shall

    [[Page 85]]

    be the supreme Law of the Land; and the Judges in every State shall be
    bound thereby, any Thing in the Constitution or Laws of any State to the
    Contrary notwithstanding.
      \3\The <> Senators and Representatives before mentioned, and
    the Members of the several State Legislatures, and all executive and
    judicial Officers, both of the United States and of the several States,
    shall be bound by Oath or Affirmation, to support this Constitution; but
    no religious Test shall ever be required as a Qualification to any
    Office or public Trust under the United States.

      The <> form of the oath is prescribed
    by statute (5 U.S.C. 3331; I, 128): ``I, AB, do solemnly swear (or
    affirm) that I will support and defend the Constitution of the United
    States against all enemies, foreign and domestic; that I will bear true
    faith and allegiance to the same; that I take this obligation freely,
    without any mental reservation or purpose of evasion, and that I will
    well and faithfully discharge the duties of the office on which I am
    about to enter. So help me God.''
      The <> Act of
    June 1, 1789 (2 U.S.C. 25), provides that on the organization of the
    House and previous to entering on any other business the oath shall be
    administered by any Member (generally the Member with longest continuous
    service) (I, 131; VI, 6) to the Speaker and by the Speaker to the other
    Members and Clerk (I, 130). The Act has at times been considered in the
    House as directory merely (I, 118, 242, 243, 245; VI, 6); but at other
    times has been observed carefully (I, 118, 140). The Act was cited by
    the Clerk in recognizing for nominations for Speaker as being of higher
    constitutional privilege than a resolution to postpone the election of a
    Speaker and instead provide for the election of a Speaker pro tempore
    pending the disposition of certain ethics charges against the nominee of
    the majority party (Jan. 7, 1997, p. 115).
      Previously it was the custom to administer the oath by State
    delegations, but beginning with the 71st Congress Members-elect have
    been sworn in en masse (VI, 8). The Clerk supplies printed copies of the
    oath to Members and Delegates who have taken the oath in accordance with
    law, which shall be subscribed by the Members and Delegates and
    delivered to the Clerk to be recorded in the Journal and Congressional
    Record as conclusive proof of the fact that the signer duly took the
    oath in accordance with

    [[Page 86]]

    law (2 U.S.C. 25). See Deschler, ch. 2. Where two Members-elect
    participated in various House and committee business before taking the
    oath of office, the House adopted a resolution (1) correcting the
    results of record votes to remove mention of them, and (2) ratifying the
    following activities involving one or both of them: election to and
    participation in standing committee; introduction and numbering of
    measures; submission of items to the Congressional Record; co-
    sponsorship of measures; and non-voting participation in floor
    proceedings (Jan. 7, 2011, p. 227).
      The <> Speaker possesses no arbitrary power in the administration of
    the oath (I, 134), and when objection is made the question must be
    decided by the House and not by the Chair (I, 519, 520). An objection
    prevents the Speaker from administering the oath of his own authority,
    even though the credentials be regular in form (I, 135-138). The Speaker
    has frequently declined to administer the oath in cases wherein the
    House has, by its action, indicated that the Speaker should not do so
    (I, 139, 140). And in case of doubt the Speaker has waited the
    instruction of the House (I, 396; VI, 11). There has been discussion as
    to the competency of a Speaker pro tempore to administer the oath (I,
    170), and in the absence of the Speaker a Member-elect waited until the
    Speaker could be present (I, 179), but in 1920 a Speaker pro tempore
    whose designation by the Speaker had been approved by the House,
    administered the oath (VI, 20). The House may authorize the Speaker to
    administer the oath away from the House (I, 169), or may, in such a
    case, authorize another than the Speaker to administer the oath (I, 170;
    VI, 14). For forms used in this procedure, see VI, 14. The Speaker has
    requested that guests in the gallery rise with the Members during the
    administration of the oath of office to a Member-elect (Nov. 12, 1991,
    p. 31255).
      Members-elect <> have been sworn at the beginning of a second session
    before the ascertainment of a quorum (I, 176-178), but when the Clerk
    called the second session of the 87th Congress to order, Members-elect
    were not sworn before ascertainment of a quorum and election of Speaker
    McCormack to succeed Speaker Rayburn, who had died during the
    adjournment sine die (Jan. 10, 1962, p. 5). Members-elect have also been
    sworn where a roll call or other ascertainment has shown the absence of
    a quorum (I, 178, 181, 182; VI, 21) but in one instance, however, the
    Speaker declined to administer the oath under such circumstances (II,
    875).
      A <> proposition to administer the oath is a matter of high privilege
    (VI, 14). It has been administered during a call of the roll and during
    an electronic vote on a motion to agree to rules at the time of
    organization (I, 173; VI, 22; Jan. 4, 2005, p. 46) and during an
    electronic vote taken during House deliberations interlocutory to an
    ongoing joint session to count the electoral votes (Jan. 6, 2005, p.
    242). It also has been administered before the reading of the Journal
    (I, 172), in the absence of a quorum

    [[Page 87]]

    (VI, 22), on Calendar Wednesday (VI, 22), before a pending motion to
    amend the Journal (I, 171), and after the previous question has been
    ordered on a bill reported back to the House from the Committee of the
    Whole (Oct. 3, 1969, p. 28487) or pending engrossment and third reading
    (June 19, 2008, pp. 13047-49). A division being demanded on a resolution
    seating several claimants, the oath may be administered to each as soon
    as his case is decided (I, 623). If a Member-elect whose right to a seat
    has been determined by the House is present to take the oath, the right
    to be sworn is complete and cannot be deferred even by a motion to
    adjourn (I, 622), but the Speaker has entertained the motion to adjourn
    after adoption of a seating resolution but before the Member-elect was
    present in the Chamber to take the oath (May 1, 1985, p. 10019).
      The <> right
    of a Member-elect to take the oath is sometimes challenged, usually at
    the time of organization of the House. The challenge may be made by a
    Member-elect who has not yet taken the oath (I, 141). The Member
    challenging does so on his responsibility as a Member or on the strength
    of documents (I, 448) or on both (I, 443, 474). And where an objection
    was sustained neither by affidavit nor on the responsibility of the
    Member objecting, the House declined to entertain it (I, 455).
      It <> has been held, although not uniformly, that in cases in
    which the right of a Member-elect to take the oath is challenged, the
    Speaker may direct the Member to stand aside temporarily (I, 143-146,
    474; VI, 9, 174; VIII, 3386). The Member so challenged is not thereby
    deprived of any right (I, 155). Similarly, the seating of a Member-elect
    does not prejudice a pending contest, brought under the Federal
    Contested Elections Act (2 U.S.C. 381-396), over final right to the seat
    (Jan. 7, 1997, p. 120; Jan. 4, 2007, p. 5). When several are challenged
    and stand aside the question is first taken on the Member-elect first
    required to stand aside (I, 147, 148). In 1861 it was held that the
    House might direct contested names to be passed over until the other
    Members-elect had been sworn in (I, 154). Motions and debate are in
    order on the questions involved in a challenge, and in a few cases other
    business has intervened by unanimous consent (I, 149, 150). By unanimous
    consent the consideration of a challenge is sometimes deferred until
    after the completion of the organization (I, 474), and by unanimous
    consent also the House has sometimes proceeded to legislative business
    pending consideration of the right of a Member to be sworn (I, 151,
    152).
      Although <> the House has emphasized the impropriety of swearing a
    Member without credentials (I, 162-168), yet it has been done in cases
    in which the credentials are delayed or lost and there is no doubt of
    the election (I, 85, 176-178; VI, 12, 13), or in which the governor of a
    State has declined to give credentials to a person whose election was
    undoubted and uncontested (I, 553). A certificate of election in due
    form having been

    [[Page 88]]

    filed, the Clerk placed the name of the Member-elect on the roll,
    although he was subsequently advised that a State Supreme Court had
    issued a writ restraining the Secretary of State from issuing such
    certificate (Jan. 3, 1949, p. 8). If the prima facie right is contested
    the Speaker declines to administer the oath (I, 550), but the House
    admits on a prima facie showing, and without regard to final right, a
    Member-elect from a recognized constituency whose credentials are in due
    form and whose qualifications are unquestioned (I, 528-534). If the
    status of the constituency is in doubt, the House usually defers the
    oath (I, 361, 386, 448, 461). In the 99th Congress, the House declined
    to give prima facie effect to a certificate of election, the results of
    the election being in doubt, and referred the issue of initial as well
    as final right to the Committee on House Administration (H. Res. 1, Jan.
    3, 1985, pp. 380-87). After a recount of the votes was conducted by that
    committee, the House on its recommendation declared the candidate
    without the certificate entitled to the seat (H. Res. 146, May 1, 1985,
    p. 9998). The House also may defer the oath when a question of
    qualifications arises (I, 474), but it may investigate qualifications
    after the oath is taken (I, 156-159, 420, 462, 481), and after
    investigation unseat the Member by majority vote (I, 428).
      Questions <> of sanity (I, 441) and loyalty (I, 448) seem to pertain
    to competency to take the oath as a question of qualifications, although
    there has been not a little debate on this subject (I, 479). In one case
    a Member-elect who had not taken the oath was excluded from the House
    because of disloyalty, in which the resolution of exclusion and the
    committee report thereon concluded that he was ineligible to take a seat
    as a Representative under the express provisions of section 3 of the
    14th amendment (VI, 56-59). This action by the House was cited in the
    Supreme Court decision of Powell v. McCormack, 395 U.S. 486, 545 fn. 83
    (1969), which denied the power of the House to exclude Members-elect by
    a majority vote for other than failure to meet the express
    qualifications stated in the Constitution. In Bond v. Floyd, 385 U.S.
    116 (1966), the Supreme Court held that the exclusion by a State
    legislature of a member-elect of that body was unconstitutional, where
    the legislature had asserted the power to judge the sincerity with which
    the Member-elect could take the oath to support the Constitution of the
    United States. In the 97th Congress, the House declared vacant by
    majority vote the seat of a Member-elect unable to take the oath because
    of illness, in which the medical prognosis showed no likelihood of
    improvement to permit the Member-elect to take the oath or assume the
    duties of a Representative (H. Res. 80, Feb. 24, 1981, pp. 2916-18).
      Decisions <> of the Supreme
    Court of the United States: McCulloch v. Maryland, 17 U.S. (4 Wheat.)
    316 (1819); Ex parte Garland, 71 U.S. (4 Wall.) 333 (1867); Davis v.
    Beason, 133 U.S. 333 (1890); Mormon Church  v. United States, 136 U.S. 1
    (1890).

    [[Page 89]]

                                  ARTICLE VII.

      The <> Ratification
    of the Conventions of nine States, shall be sufficient for the
    Establishment of this Constitution between the States so ratifying the
    Same.

    Done in Convention by the Unanimous Consent of the States present the
        Seventeenth Day of September in the Year of our Lord one thousand
        seven hundred and Eighty seven and of the Independence of the United
        States of America the Twelfth In Witness whereof We have hereunto
        subscribed our Names,

                             Go WASHINGTON--Presidt.

                                                   and Deputy from Virginia.

        [Signed also by the deputies of twelve States.]

                                 New Hampshire.

    John Langdon,                        Nicholas Gilman.

                                 Massachusetts.

    Nathaniel Gorham,                    Rufus King.

                                  Connecticut.

    Wm. Saml. Johnson,                   Roger Sherman.

                                    New York.

    Alexander Hamilton.

                                   New Jersey.

    Wil: Livingston,                     Wm. Paterson,

    David Brearley,                      Jona: Dayton.

                                  Pennsylvania.

    B Franklin,                          Thomas Mifflin,

    RobT. Morris,             Geo. Clymer,

    [[Page 90]]

    Thos. FitzSimons,                    Jared Ingersoll,

    James Wilson,                        Gouv Morris.

                                    Delaware.

    Geo. Read,                           Gunning Bedford jun,

    John Dickinson,                      Richard Bassett.

    Jaco Broom,

                                    Maryland.

    James McHenry,                       Dan of ST Thos. Jenifer.

    Danl Carroll,

                                    Virginia.

    John Blair,                          James Madison Jr.

                                 North Carolina.

    Wm. Blount,                          Rich'D. Dobbs Spaight.

    Hu Williamson,

                                 South Carolina.

    J. Rutledge,                         Charles Cotesworth Pinckney,

    Charles Pinckney,                    Pierce Butler.

                                    Georgia.

    William Few,                         Abr Baldwin.

      Attest:                            William Jackson, Secretary.

    [[Page 91]]

       articles in addition to, and amendment of, the constitution of the
      united states of america, proposed by congress, and ratified by the
          several states pursuant to the fifth article of the original
                           constitution\1\
    ---------------------------------------------------------------------------

      \1\The first 10 amendments to the Constitution of the
    United States were proposed to the legislatures of the several States by
    the First Congress on September 25, 1789 (this date and the date
    succeeding amendments were proposed is the date of final congressional
    action--signature by the presiding officer of the Senate--as is shown in
    the Senate Journals). They were ratified by the following States, on the
    dates shown, and the notifications by the governors thereof of
    ratification were communicated by the President to Congress: New Jersey,
    November 20, 1789; Maryland, December 19, 1789; North Carolina, December
    22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25,
    1790; Delaware, January 28, 1790; New York, February 27, 1790;
    Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont,
    November 3, 1791; Virginia, December 15, 1791. Ratification was
    completed on December 15, 1791. The amendments were subsequently
    ratified by Massachusetts, March 2, 1939; Georgia, March 18, 1939;
    Connecticut, April 19, 1939.

                                  AMENDMENT I.

      Congress <> shall make no law respecting an establishment of
    religion, or prohibiting the free exercise thereof; or abridging the
    freedom of speech, or of the press; or the right of the people peaceably
    to assemble, and to petition the Government for a redress of grievances.

                                  AMENDMENT II.

      A <> well regulated Militia
    being necessary to the security of a free State, the right of the people
    to keep and bear arms, shall not be infringed.

    [[Page 92]]

                                 AMENDMENT III.

      No <> soldier
    shall, in time of peace be quartered in any house, without the consent
    of the Owner, nor in time of war, but in a manner to be prescribed by
    law.

                                  AMENDMENT IV.

      The <> right of the people to be secure in their persons, houses,
    papers, and effects, against unreasonable searches and seizures, shall
    not be violated, and no Warrants shall issue, but upon probable cause,
    supported by Oath or affirmation, and particularly describing the place
    to be searched, and the persons or things to be seized.

                                  AMENDMENT V.

      No <> person shall be held to answer for a capital, or otherwise
    infamous crime, unless on a presentment or indictment of a Grand Jury,
    except in cases arising in the land or naval forces, or in the Militia,
    when in actual service in time of War or public danger; nor shall any
    person be subject for the same offence to be twice put in jeopardy of
    life or limb; nor shall be compelled in any Criminal Case to be a
    witness against himself; nor be deprived of life, liberty, or property,
    without due process of law; nor shall private property be taken for
    public use, without just compensation.

    [[Page 93]]

                                  AMENDMENT VI.

      In <> all criminal prosecutions, the accused shall
    enjoy the right to a speedy and public trial, by an impartial jury of
    the State and district wherein the crime shall have been committed,
    which district shall have been previously ascertained by law, and to be
    informed of the nature and cause of the accusation; to be confronted
    with the witnesses against him; to have compulsory process for obtaining
    witnesses in his favor, and to have the Assistance of Counsel for his
    defence.

                                 AMENDMENT VII.

      In <> suits at
    common law, where the value in Controversy shall exceed twenty dollars,
    the right of trial by jury shall be preserved, and no fact tried by a
    jury shall be otherwise re-examined in any Court of the United States,
    than according to the rules of the common law.

                                 AMENDMENT VIII.

    <>   Excessive bail shall not be required, nor excessive
    fines imposed, nor cruel and unusual punishments inflicted.

    [[Page 94]]

                                  AMENDMENT IX.

    <>   The enumeration in
    the Constitution, of certain rights, shall not be
    construed to deny or disparage others retained by the people.

                                  AMENDMENT X.

      The <> powers not
    delegated to the United States by the Constitution, nor prohibited by it
    to the States, are reserved to the States respectively, or to the
    people.

                           AMENDMENT XI.\2\

      The <> Judicial power
    of the United States shall not be construed to extend to any suit in law
    or equity, commenced or prosecuted against one of the United States by
    Citizens of another State, or by Citizens or Subjects of any Foreign
    State.
    ---------------------------------------------------------------------------
      \2\The 11th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    Third Congress on March 11, 1794; and was declared in a message from the
    President to Congress dated the 8th of January, 1798, to have been
    ratified by the legislatures of three-fourths of the States. The dates
    of ratification were: New York, March 27, 1794; Rhode Island, March 31,
    1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794;
    Massachusetts, June 26, 1794; Vermont, October 28, 1794; Virginia,
    November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7,
    1794; Maryland, December 26, 1794; Delaware, January 23, 1795; North
    Carolina, February 7, 1795. Ratification was completed on February 7,
    1795. The amendment was subsequently ratified by South Carolina,
    December 4, 1797. New Jersey and Pennsylvania did not take action on the
    amendment.

    ---------------------------------------------------------------------------

    [[Page 95]]

                          AMENDMENT XII.\3\

      The <> Electors shall meet in their respective states,
    and vote by ballot for President and Vice-President, one of whom, at
    least, shall not be an inhabitant of the same state with themselves;
    they shall name in their ballots the person voted for as President, and
    in distinct ballots the person voted for as Vice-President, and they
    shall make distinct lists of all persons voted for as President, and of
    all persons voted for as Vice-President, and the number of votes for
    each, which lists they shall sign and certify, and transmit sealed to
    the seat of the government of the United States, directed to the
    President of the Senate;--The President of the Senate shall, in presence
    of the Senate and House of Representatives, open all the certificates
    and the votes shall then be counted;-- * * *
    ---------------------------------------------------------------------------
      \3\See article II, section 1 of the Constitution. The 12th
    amendment to the Constitution was proposed to the legislatures of the
    several States by the Eighth Congress on December 12, 1803, in lieu of
    the original third paragraph of the first section of the second article,
    and was declared in a proclamation of the Secretary of State, dated the
    25th of September, 1804, to have been ratified by the legislatures of
    three-fourths of the States. The dates of ratification were: North
    Carolina, December 21, 1803; Maryland, December 24, 1803; Kentucky,
    December 27, 1803; Ohio, December 30, 1803; Virginia, December 31, 1803;
    Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York,
    February 10, 1804; New Jersey, February 22, 1804; Rhode Island, March
    12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New
    Hampshire, June 15, 1804. Ratification was completed on June 15, 1804.
    The amendment was subsequently ratified by Tennessee, July 27, 1804. The
    amendment was rejected by Delaware, January 18, 1804; Massachusetts,
    February 3, 1804; and by Connecticut at its session begun May 10, 1804.

    [[Page 96]]

    ---------------------------------------------------------------------------
      The <> electoral count occurs in
    a joint session of the two Houses in the Hall of the House (III, 1819)
    at 1 p.m. on the sixth day of January succeeding every meeting of
    electors (3 U.S.C. 15). The Vice President, as President of the Senate
    (or the President pro tempore in the Vice President's absence), presides
    over the joint session (3 U.S.C. 15). The date of the count has been
    changed by law as follows: Monday, January 7, 1957 (P.L. 84-436);
    Monday, January 7, 1985 (P.L. 98-456); Wednesday, January 4, 1989 (P.L.
    100-646); Thursday, January 9, 1997 (P.L. 104-296); Thursday, January 8,
    2009 (P.L. 110-430); Friday, January 4, 2013 (P.L. 112-228).
      Sections 15-18 of title 3, United States Code, prescribe in detail the
    procedure for the count. Nevertheless, the two Houses traditionally
    adopt a concurrent resolution providing for the meeting in joint session
    to count the vote, for the appointment of tellers, and for the
    declaration of the state of the vote (III, 1961; Deschler, ch. 10,
    Sec. 2.1). Under the law governing the proceedings, the two Houses
    divide to consider an objection to the counting of any electoral vote or
    ``other question arising in the matter'' (3 U.S.C. 15-18; Jan. 6, 1969,
    pp. 145-47; Jan. 6, 2001, p. 101; Jan. 6, 2005, pp. 198, 199), but only
    when in writing and signed by both a Member and a Senator (Jan. 6, 2001,
    p. 101; Jan. 6, 2005, p. 198). Examples of an ``other question arising
    in the matter'' include: (1) an objection for lack of a quorum (Jan. 6,
    2001, p. 101); (2) a motion that either House withdraw from the joint
    session (Jan. 6, 2001, p. 101); and (3) an appeal from a ruling by the
    presiding officer (Jan. 6, 2001, p. 101). Such questions are not
    debatable in the joint session (3 U.S.C. 18; Jan. 6, 2001, p. 101). When
    the two Houses have divided, a motion in the House to lay the objection
    on the table is not in order (Jan. 6, 1969; pp. 169-72). A Vice
    President-elect, as Speaker of the House or as a sitting Vice President,
    has participated in the ceremonies (e.g., VI, 446; Jan. 6, 2005, p.
    197). See Deschler, ch. 10 for further discussion. When addressing a
    controversy over the election of President and Vice President in the
    State of Florida, the Supreme Court indicated its view of a section of
    the statute (3 U.S.C. 5) addressing a determination of controversy as to
    the appointment of electors. Bush v. Palm Beach County Canvassing Bd.
    (531 U.S. 70 (2000)). Ultimately, the Supreme Court found that the
    Florida Supreme Court violated the Equal Protection Clause of the 14th
    amendment by ordering certain counties to conduct manual recounts of the
    votes for President and Vice President without establishing standards
    for those recounts. Bush v. Gore (531 U.S. 98 (2000)).

      * * * The <> person having the greatest
    number of votes for President, shall be the President, if such number be
    a majority of the whole number of Electors appointed; and if no person

    [[Page 97]]

    have such majority, then from the persons having the highest numbers not
    exceeding three on the list of those voted for as President, the House
    of Representatives shall choose immediately, by ballot, the President.
    But in choosing the President, the votes shall be taken by states, the
    representation from each State having one vote; a quorum for this
    purpose shall consist of a member or members from two-thirds of the
    states, and a majority of all the states shall be necessary to a choice.
    And if the House of Representatives shall not choose a President
    whenever the right of choice shall devolve upon them, before the fourth
    day of March next following, then the Vice-President shall act as
    President, as in the case of the death or other constitutional
    disability of the President. The person having the greatest number of
    votes as Vice-President, shall be the Vice-President, if such number be
    a majority of the whole number of Electors appointed, and if no person
    have a majority, then from the two highest numbers on the list, the
    Senate shall choose the Vice-President; a quorum for the purpose shall
    consist of two-thirds of the whole number of Senators, and a majority of
    the whole number shall be necessary to a choice. But no person
    constitutionally ineligible to the Office of President shall be eligible
    to that of Vice-President of the United States.

    [[Page 98]]

      The <> 20th amendment to the Constitution has
    clarified some of the provisions of the 12th amendment. In 1801 (III,
    1983), the House of Representatives chose a President under article II,
    section 1, clause 3 (see Sec. 152a, supra), the constitutional provision
    superseded by the 12th amendment.

      In <> 1825 the House elected a President under the 12th amendment
    (III, 1985); and in 1837 the Senate elected a Vice President (III,
    1941).

                          AMENDMENT XIII.\4\

      Section 1. <> Neither slavery nor involuntary servitude, except as a
    punishment for crime whereof the party shall have been duly convicted,
    shall

    [[Page 99]]

    exist within the United States, or any place subject to their
    jurisdiction.
    ---------------------------------------------------------------------------
      \4\The 13th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    38th Congress, on February 1, 1865, and was declared, in a proclamation
    of the Secretary of State, dated December 18, 1865, to have been
    ratified by the legislatures of 27 of the 36 States. The dates of
    ratification were: Illinois, February 1, 1865; Rhode Island, February 2,
    1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York,
    February 3, 1865; Pennsylvania, February 3, 1865; West Virginia,
    February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865;
    Kansas, February 7, 1865; Massachusetts, February 7, 1865; Virginia,
    February 9, 1865; Ohio, February 16, 1865; Indiana, February 13, 1865;
    Nevada, February 16, 1865; Louisiana, February 17, 1865; Minnesota,
    February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9, 1865;
    Tennessee, April 7, 1865; Arkansas, April 14, 1865; Connecticut, May 4,
    1865; New Hampshire, July 1, 1865; South Carolina, November 13, 1865;
    Alabama, December 2, 1865; North Carolina, December 4, 1865; Georgia,
    December 6, 1865. Ratification was completed on December 6, 1865. The
    amendment was subsequently ratified by Oregon, December 8, 1865;
    California, December 19, 1865; Florida, December 28, 1865 (Florida again
    ratified on June 9, 1868, upon its adoption of a new constitution);
    Iowa, January 15, 1866; New Jersey, January 23, 1866 (after having
    rejected the amendment on March 16, 1865); Texas, February 18, 1870;
    Delaware, February 12, 1901 (after having rejected the amendment on
    February 8, 1865); Kentucky, March 30, 1976 (after hearing rejected the
    amendment on February 24, 1865). The amendment was rejected by
    Mississippi, December 4, 1865, but subsequently ratified on March 16,
    1995.
    ---------------------------------------------------------------------------
      Section 2. Congress shall have power to enforce this article by
    appropriate legislation.

                          AMENDMENT XIV.\5\

      Section 1. All < security and
    equal protection of citizens.>> persons born or naturalized in the
    United States, and subject to the jurisdiction thereof, are citizens of
    the United States and of the

    [[Page 100]]

    State wherein they reside. No State shall make or enforce any law which
    shall abridge the privileges or immunities of citizens of the United
    States; nor shall any State deprive any person of life, liberty, or
    property, without due process of law; nor deny to any person within its
    jurisdiction the equal protection of the laws.
    ---------------------------------------------------------------------------
      \5\The 14th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    39th Congress, on June 15, 1866. On July 20, 1868, the Secretary of
    State issued a proclamation that the 14th amendment was a part of the
    Constitution if withdrawals of ratification were ineffective. On July
    21, 1868, Congress adopted and transmitted to the Department of State a
    concurrent resolution declaring that ``the legislatures of the States of
    Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio,
    Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana,
    Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas,
    Florida, North Carolina, Alabama, South Carolina, and Louisiana, being
    three-fourths and more of the several States of the Union, have ratified
    the fourteenth article of amendment to the Constitution of the United
    States, duly proposed by two-thirds of each House of the Thirty-ninth
    Congress: Therefore Resolved, That said fourteenth article is hereby
    declared to be a part of the Constitution of the United States, and it
    shall be duly promulgated as such by the Secretary of State.'' The
    Secretary of State accordingly issued a proclamation, dated July 28,
    1868, declaring that the proposed 14th amendment had been ratified, in
    the manner hereafter mentioned, by the legislatures of 28 States. The
    dates of ratification were: Connecticut, June 30, 1866; New Hampshire,
    July 6, 1866; Tennessee, July 18, 1866; New Jersey, September 11, 1866
    (subsequently, on February 20, 1868, the legislature rescinded its
    ratification, and on March 24, 1868, readopted its resolution of
    rescission over the Governor's veto, and on April 23, 2003, revoked the
    resolution of rescission); Oregon, September 19, 1866 (subsequently
    rescinded its ratification on October 16, 1868, and ratified on April
    25, 1973); New York, January 10, 1867; Ohio, January 11, 1867
    (subsequently rescinded its ratification on January 13, 1868, and
    ratified on March 12, 2003); Illinois, January 15, 1867; West Virginia,
    January 16, 1867; Michigan, January 16, 1867; Minnesota, January 16,
    1867; Kansas, January 17, 1867; Maine, January 19, 1867; Nevada, January
    22, 1867; Indiana, January 23, 1867; Missouri, January 25, 1867;
    Pennsylvania, February 6, 1867; Rhode Island, February 7, 1867;
    Wisconsin, February 13, 1867; Massachusetts, March 20, 1867; Nebraska,
    June 15, 1867; Iowa, March 16, 1868; Arkansas, April 6, 1868; Florida,
    June 9, 1868; North Carolina, July 4, 1868 (after having rejected the
    amendment December 14, 1866); Louisiana, July 9, 1868 (after having
    rejected the amendment February 6, 1867); South Carolina, July 9, 1868
    (after having rejected the amendment December 20, 1866). Ratification
    was completed on July 9, 1868. The amendment was subsequently ratified
    by Alabama, July 13, 1868; Georgia, July 21, 1868 (after having rejected
    it on November 9, 1866); Virginia, October 8, 1869 (after having
    rejected it on January 9, 1867); Mississippi, January 17, 1870; Texas,
    February 18, 1870 (after having rejected it on October 27, 1866);
    Delaware, February 12, 1901 (after having rejected it on February 8,
    1867); Maryland, April 4, 1959 (after having rejected it on March 23,
    1867); California, May 6, 1959; Kentucky, March 30, 1976 (after having
    rejected it on January 10, 1867).
    ---------------------------------------------------------------------------
      Section 2. <> Representatives shall be apportioned among the several
    States according to their respective numbers, counting the whole number
    of persons in each State, excluding Indians not taxed. But when the
    right to vote at any election for the choice of electors for President
    and Vice President of the United States, Representatives in Congress,
    the Executive and Judicial officers of a State, or the members of the
    Legislature thereof, is denied to any of the male inhabitants of such
    State, being twenty-one years of age, and citizens of the

    [[Page 101]]

    United States, or in any way abridged, except for participation in
    rebellion, or other crime, the basis of representation therein shall be
    reduced in the proportion which the number of such male citizens shall
    bear to the whole number of male citizens twenty-one years of age in
    ---------------------------------------------------------------------------
    such State.

      There <> has been a readjustment of House representation each 10
    years except during the period 1911 to 1929 (VI, 41, footnote). From
    March 4, 1913, permanent House membership has remained fixed at 435 (VI,
    40, 41; 37 Stat. 13). Upon admission of Alaska and Hawaii to statehood,
    total membership was temporarily increased to 437 until the next
    reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress has by law
    provided for automatic apportionment of the 435 Representatives among
    the States according to each census including and after that of 1950 (2
    U.S.C. 2a). The Apportionment Act formerly provided that the districts
    in a State were to be composed of contiguous and compact territory
    containing as nearly as practicable an equal number of inhabitants (I,
    303; VI, 44); but subsequent apportionment Acts, those of 1929 (46 Stat.
    26) and 1941 (55 Stat. 761), omitted such provisions. See Wood v. Broom,
    287 U.S. 1 (1932).
      Congress has by law provided that for the 91st and subsequent
    Congresses each State entitled to more than one Representative shall
    establish a number of districts equal to the number of such
    Representatives, and that Representatives shall be elected only from the
    single-Member districts so established. (Hawaii and New Mexico were
    excepted from the operation of this statute for the elections to the
    91st Congress by Public Law 90-196; see 2 U.S.C. 2c). After any
    apportionment, until a State is redistricted in a manner provided by its
    own law and in compliance with the congressional mandate, the question
    of whether its Representatives shall be elected by districts, at large,
    or by a combination of both, is determined by the Apportionment Act of
    1941 (2 U.S.C. 2a).
      Under the Apportionment Act, a statistical model known as the ``method
    of equal proportions'' is used to determine the number of
    Representatives to which each State is entitled. Although other methods
    for apportioning House seats may be permitted, the equal proportions
    method chosen by Congress has been upheld under the Constitution and was
    plainly intended to reach as close as practicable the goal of ``one
    person, one vote.'' Massachusetts v. Mosbacher, 785 F. Supp. 230 (D.
    Mass. 1992), rev'd on other grounds Franklin v. Massachusetts, 505 U.S.
    788 (1992). The courts also have recently upheld under Federal law and
    the Constitution a counting methodology used by the Census Bureau in a
    decennial census. This method, known as ``imputation,'' was held to be
    different than ``sampling,'' a

    [[Page 102]]

    method prohibited under section 195 of title 13, United States Code.
    Utah v. Evans, 536 U.S. 452 (2002). The method of apportioning the seats
    in the House is vested exclusively in Congress, and neither States nor
    courts may direct greater or lesser representation than that allocated
    by statute (Deschler, ch 8 Sec. 1). See Deschler, ch. 8 for
    apportionment and districting.
      The <> House has always
    seated Members elected at large in the States, although the law required
    election by districts (I, 310, 519). Questions have arisen from time to
    time when a vacancy has occurred soon after a change in districts, with
    the resulting question whether the vacancy should be filled by election
    in the old or new district (I, 311, 312, 327). The House has declined to
    interfere with the act of a State in changing the boundaries of a
    district after the apportionment has been made (I, 313).
      The Supreme <> Court has ruled that congressional districts must be as
    equally populated as practicable. Wesberry v. Sanders, 376 U.S. 1
    (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). The Court has made
    clear that variances in population among congressional districts within
    a State may be considered de minimis only if they cannot practicably be
    avoided. If such variances, no matter how mathematically miniscule,
    could have been reduced or eliminated by a good faith effort, then they
    may be justified only on the basis of a consistent, rational State
    policy. Karcher v. Daggett, 462 U.S. 725 (1983). The Court also has made
    evident that it will take judicial review of a claim that apportionment
    schemes lack consistent, rational bases. Davis v. Bandemer, 478 U.S. 109
    (1986) (holding political gerrymandering complaint justiciable under
    equal protection clause).

      Section 3. <> No person shall be a Senator or Representative in
    Congress, or elector of President and Vice President, or hold any
    office, civil or military, under the United States, or under any State,
    who, having previously taken an oath, as a member of Congress, or as an
    officer of the United States, or as a member of any State legislature,
    or as an executive or judicial officer of any State, to support the
    Constitution of the United States, shall have engaged in insurrection or
    rebellion against the same, or given aid or comfort to the enemies
    thereof. But Congress

    [[Page 103]]

    may by a vote of two-thirds of each House, remove such disability.

    -  Congress <> has by law removed generally the
    disabilities arising from the Civil War (30 Stat. 432). Soon after the
    war various questions arose under this section (I, 386, 393, 455, 456).
    For disloyalty to the United States, for giving aid and comfort to a
    public enemy, for publication of expressions hostile to the Government a
    Member-elect was denied a seat in the House (VI, 56, 58). As to the
    meaning of the words ``aid or comfort'' as used in the 14th amendment
    (VI, 57).

      Section 4. <> The
    validity of the public debt of the United States, authorized by law,
    including debts incurred for payment of pensions and bounties for
    services in suppressing insurrection or rebellion, shall not be
    questioned. But neither the United States nor any State shall assume or
    pay any debt or obligation incurred in aid of insurrection or rebellion
    against the United States, or any claim for the loss or emancipation of
    any slave; but all such debts, obligations and claims shall be held
    illegal and void.

    <>   Section 5. The
    Congress shall have power to enforce, by appropriate legislation, the
    provisions of this article.

      Congress may legislate under this section to protect voting rights by
    preempting discriminatory State qualifications for electors (Katzenbach
    v. Morgan, 384 U.S. 641 (1966)), and may lower the voting age in Federal
    (but not State) elections (Oregon v. Mitchell, 400 U.S. 112 (1970)).

    [[Page 104]]

                           AMENDMENT XV.\6\

      Section 1. <> The right of citizens of the United States to vote shall
    not be denied or abridged by the United States or by any State on
    account of race, color, or previous condition of servitude.
    ---------------------------------------------------------------------------
      \6\The 15th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    40th Congress on February 26, 1869, and was declared, in a proclamation
    of the Secretary of State, dated March 30, 1870, to have been ratified
    by the legislatures of 29 of the 37 States. The dates of these
    ratifications were: Nevada, March 1, 1869; West Virginia, March 3, 1869;
    North Carolina, March 5, 1869; Illinois, March 5, 1869; Louisiana, March
    5, 1869; Michigan, March 8, 1869; Wisconsin, March 9, 1869; Maine, March
    11, 1869; Massachusetts, March 12, 1869; Arkansas, March 15, 1869; South
    Carolina, March 15, 1869; Pennsylvania, March 25, 1869; New York, April
    14, 1869 (subsequently withdrew its consent to the ratification on
    January 5, 1870 but rescinded this action on March 30, 1970); Indiana,
    May 14, 1869; Connecticut, May 19, 1869; Florida, June 14, 1869; New
    Hampshire, July 1, 1869; Virginia, October 8, 1869; Vermont, October 20,
    1869; Alabama, November 16, 1869; Missouri, January 7, 1870 (Missouri
    had ratified the first section of the 15th amendment on March 1, 1869,
    but had failed to include in its ratification the second section of the
    amendment); Minnesota, January 13, 1870; Mississippi, January 17, 1870;
    Rhode Island, January 18, 1870; Kansas, January 19, 1870; Ohio, January
    27, 1870 (after having rejected the amendment April 30, 1869); Georgia,
    February 2, 1870; Iowa, February 3, 1870. Ratification was completed on
    February 3, 1870, unless the withdrawal of ratification by New York was
    effective; in which event ratification was completed on February 17,
    1870, when ratified by Nebraska. The amendment was subsequently ratified
    by Texas, February 18, 1870; New Jersey, February 15, 1871 (after having
    rejected it on February 7, 1870); Delaware, February 12, 1901 (after
    having rejected it on March 18, 1869); Oregon, February 24, 1959;
    California, April 3, 1962 (after having rejected it on January 28,
    1870); Maryland, May 7, 1973 (after having rejected it on February 4 and
    February 26, 1870); Kentucky, March 30, 1976 (after having rejected it
    on March 11 and March 12, 1869); Tennessee, April 2, 1997, (after having
    rejected it on November 16, 1869).
    ---------------------------------------------------------------------------
      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

    [[Page 105]]

                          AMENDMENT XVI.\7\

      The <> Congress shall have power to
    lay and collect taxes on incomes, from whatever source derived, without
    apportionment among the several States, and without regard to any census
    or enumeration.
    ---------------------------------------------------------------------------
      \7\The 16th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    61st Congress on July 16, 1909, and was declared, in a proclamation of
    the Secretary of State dated February 25, 1913, to have been ratified by
    the legislatures of 36 of the 48 States. The dates of ratification were:
    Alabama, August 10, 1909; Kentucky, February 8, 1910; South Carolina,
    February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910;
    Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3,
    1910; Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20,
    1911; Oregon, January 23, 1911; Washington, January 26, 1911; Montana,
    January 30, 1911; Indiana, January 30, 1911; California, January 31,
    1911; Nevada, January 31, 1911; South Dakota, February 3, 1911;
    Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado,
    February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18,
    1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri,
    March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
    Arkansas, April 22, 1911 (after having rejected it at the session begun
    January 9, 1911); Wisconsin, May 26, 1911; New York, July 12, 1911;
    Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana, June 28,
    1912; West Virginia, January 31, 1913; Delaware, February 3, 1913;
    Wyoming, February 3, 1913; New Mexico, February 3, 1913. Ratification
    was completed on February 3, 1913. The amendment was subsequently
    ratified by New Jersey, February 4, 1913; Vermont, February 19, 1913
    (after having rejected the amendment January 17, 1911); Massachusetts,
    March 4, 1913; New Hampshire, March 7, 1913 (after having rejected the
    amendment March 2, 1911). The amendment was rejected by Rhode Island,
    April 29, 1910; Utah, March 9, 1911; Connecticut, June 28, 1911; and
    Florida, May 31, 1913. Pennsylvania and Virginia did not complete
    action.

    ---------------------------------------------------------------------------

    [[Page 106]]

                          AMENDMENT XVII.\8\

      The <> Senate of
    the United States shall be composed of two Senators from each State,
    elected by the people thereof, for six years; and each Senator shall
    have one vote. The electors in each State shall have the qualifications
    requisite for electors of the most numerous branch of the State
    legislatures.
    ---------------------------------------------------------------------------
      \8\See article I, section 3 of the Constitution. The 17th
    amendment to the Constitution was proposed to the legislatures of the
    several States by the 62d Congress on May 15, 1912, and was declared, in
    a proclamation by the Secretary of State dated May 31, 1913, to have
    been ratified by the legislatures of 36 of the 48 States. The dates of
    ratification were: Massachusetts, May 22, 1912; Arizona, June 3, 1912;
    Minnesota, June 10, 1912; New York, January 15, 1913; Kansas, January
    17, 1913; Oregon, January 23, 1913; North Carolina, January 25, 1913;
    California, January 28, 1913; Michigan, January 28, 1913; Iowa, January
    30, 1913; Montana, January 30, 1913; Idaho, January 31, 1913; West
    Virginia, February 4, 1913; Colorado, February 5, 1913; Nevada, February
    6, 1913; Texas, February 7, 1913; Washington, February 7, 1913; Wyoming,
    February 8, 1913; Arkansas, February 11, 1913; Maine, February 11, 1913;
    Illinois, February 13, 1913; North Dakota, February 14, 1913; Wisconsin,
    February 18, 1913; Indiana, February 19, 1913; New Hampshire, February
    19, 1913; Vermont, February 19, 1913; South Dakota, February 19, 1913;
    Oklahoma, February 24, 1913; Ohio, February 25, 1913; Missouri, March 7,
    1913; New Mexico, March 13, 1913; Nebraska, March 14, 1913; New Jersey,
    March 17, 1913; Tennessee, April 1, 1913; Pennsylvania, April 2, 1913;
    Connecticut, April 8, 1913. Ratification was completed on April 8, 1913.
    The amendment was subsequently ratified by Louisiana, June 11, 1914;
    Alabama, April 16, 2002. The amendment was rejected by Utah, February
    26, 1913; Delaware, March 18, 1913. Florida, Georgia, Rhode Island, and
    South Carolina did not complete action.
    ---------------------------------------------------------------------------
      When vacancies happen in the representation of any State in the
    Senate, the executive authority of such State shall issue writs of
    election to fill such vacancies: Provided, That the legislature of any
    State may empower the executive thereof to make temporary appointments
    until

    [[Page 107]]

    the people fill the vacancies by election as the legislature may direct.
      This amendment shall not be so construed as to affect the election or
    term of any Senator chosen before it becomes valid as part of the
    Constitution.

      Senator <> Rebecca
    L. Felton, appointed during the recess of the Senate on October 3, 1922,
    to fill a vacancy, was the first woman to sit in the Senate (VI, 156).
    Senator Walter F. George was elected to fill the vacancy on Novem-
    ber 7, 1922. Mrs. Felton took the oath of office on November 21, 1922,
    and Senator George took the oath November 22, 1922 (VI, 156). Discussion
    as to the term of service of a Senator appointed by a State executive to
    fill a vacancy (VI, 156).
      The <> right of an
    elector to vote for a Senator is fundamentally derived from the United
    States Constitution (United States v. Aczel 219 F.2d 917 (1915)) and may
    not be denied in a discriminatory fashion (Chapman v. King, 154 F.2d 460
    (1946), cert. denied, 327 U.S. 800 (1946); Forssenius v. Harman, 235 F.
    Supp. 66 (1964), aff'd., 380 U.S. 529 (1965)).

                         AMENDMENT XVIII.\9\

      Section 1. <> [After one year from the ratification of this article the
    manufacture, sale, or transportation of intoxi

    [[Page 108]]

    cating liquors within, the importation thereof into, or the exportation
    thereof from the United States and all territories subject to the
    jurisdiction thereof for beverage purposes is hereby prohibited.
    ---------------------------------------------------------------------------
      \9\See amendment XXI, repealing this amendment. The 18th
    amendment to the Constitution of the United States was proposed to the
    legislatures of the several States by the 65th Congress on December 18,
    1917, and was declared in a proclamation by the Secretary of State dated
    January 29, 1919, to have been ratified by the legislatures of 36 of the
    48 States. The dates of these ratifications were: Mississippi, January
    8, 1918; Virginia, January 11, 1918; Kentucky, January 14, 1918; North
    Dakota, January 25, 1918; South Carolina, January 29, 1918; Maryland,
    February 13, 1918; Montana, February 19, 1918; Texas, March 4, 1918;
    Delaware, March 18, 1918; South Dakota, March 20, 1918; Massachusetts,
    April 2, 1918; Arizona, May 24, 1918; Georgia, June 26, 1918; Louisiana,
    August 3, 1918; Florida, December 3, 1918; Michigan, January 2, 1919;
    Ohio, January 7, 1919; Oklahoma, January 7, 1919; Idaho, January 8,
    1919; Maine, January 8, 1919; West Virginia, January 9, 1919;
    California, January 13, 1919; Tennessee, January 13, 1919; Washington,
    January 13, 1919; Arkansas, January 14, 1919; Kansas, January 14, 1919;
    Alabama, January 15, 1919; Colorado, January 15, 1919; Iowa, January 15,
    1919; New Hampshire, January 15, 1919; Oregon, January 15, 1919;
    Nebraska, January 16, 1919; North Carolina, January 16, 1919; Utah,
    January 16, 1919; Missouri, January 16, 1919; Wyoming, January 16, 1919.
    Ratification was completed on January 16, 1919. The amendment was
    subsequently ratified by Minnesota, January 17, 1919; Wisconsin, January
    17, 1919; New Mexico, January 20, 1919; Nevada, January 21, 1919; New
    York, January 29, 1919; Vermont, January 29, 1919; Pennsylvania,
    February 25, 1919; Connecticut, May 6, 1919; New Jersey, March 9, 1922.
    Connecticut and Rhode Island rejected the amendment.
    ---------------------------------------------------------------------------
      Section 2. The Congress and the several States shall have concurrent
    power to enforce this article by appropriate legislation.
      Section 3. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of the
    several States, as provided in the Constitution, within seven years from
    the date of the submission hereof to the States by the Congress.]

                          AMENDMENT XIX.\10\

      The <s suffrage.>> right of citizens
    of the United States to vote shall not be denied or abridged by the
    United States or by any State on account of sex.
    ---------------------------------------------------------------------------
      \10\The 19th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    66th Congress on June 5, 1919, and was declared in a proclamation by the
    Secretary of State dated August 26, 1920, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of these ratifications
    were: Illinois, June 10, 1919 (and that State readopted its resolution
    of ratification June 17, 1919); Michigan, June 10, 1919; Wisconsin, June
    10, 1919; Kansas, June 16, 1919; New York, June 16, 1919; Ohio, June 16,
    1919; Pennsylvania, June 24, 1919; Massachusetts, June 25, 1919; Texas,
    June 28, 1919; Iowa, July 2, 1919; Missouri, July 3, 1919; Arkansas,
    July 28, 1919; Montana, August 2, 1919; Nebraska, August 2, 1919;
    Minnesota, September 8, 1919; New Hampshire, September 10, 1919; Utah,
    October 2, 1919; California, November 1, 1919; Maine, November 5, 1919;
    North Dakota, December 1, 1919; South Dakota, December 4, 1919;
    Colorado, December 15, 1919; Kentucky, January 6, 1920; Rhode Island,
    January 6, 1920; Oregon, January 13, 1920; Indiana, January 16, 1920;
    Wyoming, January 27, 1920; Nevada, February 7, 1920; New Jersey,
    February 9, 1920; Idaho, February 11, 1920; Arizona, February 12, 1920;
    New Mexico, February 21, 1920; Oklahoma, February 28, 1920; West
    Virginia, March 10, 1920; Washington, March 22, 1920; Tennessee, August
    28, 1920. Ratification was completed on August 28, 1920. The amendment
    was subsequently ratified by Connecticut, September 14, 1920 (and that
    State reaffirmed on September 21, 1920); Vermont, February 8, 1921;
    Delaware, March 6, 1923 (after having rejected the amendment on June 2,
    1920); Maryland, March 29, 1941 (after having rejected the amendment on
    February 24, 1920; ratification certified February 25, 1958); Virginia,
    February 21, 1952 (after having rejected the amendment February 12,
    1920); Alabama, September 8, 1953 (after having rejected the amendment
    September 22, 1919); Florida, May 13, 1969; South Carolina, July 1, 1969
    (after having rejected the amendment on January 28, 1920); Georgia,
    February 20, 1970 (after having rejected the amendment on July 24,
    1919); Louisiana, June 11, 1970 (after having rejected it on July 1,
    1920); North Carolina, May 6, 1971; Mississippi, March 22, 1984 (after
    having rejected the amendment on March 29, 1920).

    ---------------------------------------------------------------------------

    [[Page 109]]

      Congress shall have power to enforce this article by appropriate
    legislation.

                          AMENDMENT XX.\11\

      Section 1. <> The terms of the President and
    Vice President shall end at noon on the 20th day of January, and the
    terms of Senators and Representa

    [[Page 110]]

    tives at noon on the 3d day of January, of the years in which such terms
    would have ended if this article had not been ratified; and the terms of
    their successors shall then begin.
    ---------------------------------------------------------------------------
      \11\See article I, section 4 of the Constitution. The 20th
    amendment to the Constitution was proposed to the legislatures of the
    several States by the 72d Congress, on March 3, 1932, and was declared
    in a proclamation by the Secretary of State dated February 6, 1933, to
    have been ratified by the legislatures of 36 of the 48 States. The dates
    of these ratifications were: Virginia, March 4, 1932; New York, March
    11, 1932; Mississippi, March 16, 1932; Arkansas, March 17, 1932;
    Kentucky, March 17, 1932; New Jersey, March 21, 1932; South Carolina,
    March 25, 1932; Michigan, March 31, 1932; Maine, April 1, 1932; Rhode
    Island, April 14, 1932; Illinois, April 21, 1932; Louisiana, June 22,
    1932; West Virginia, July 30, 1932; Pennsylvania, August 11, 1932;
    Indiana, August 15, 1932; Texas, September 7, 1932; Alabama, September
    13, 1932; California, January 4, 1933; North Carolina, January 5, 1933;
    North Dakota, January 9, 1933; Minnesota, January 12, 1933; Montana,
    January 13, 1933; Nebraska, January 13, 1933; Oklahoma, January 13,
    1933; Arizona, January 13, 1933; Kansas, January 16, 1933; Oregon,
    January 16, 1933; Wyoming, January 19, 1933; Delaware, January 19, 1933;
    Washington, January 19, 1933; South Dakota, January 20, 1933; Tennessee,
    January 20, 1933; Iowa, January 20, 1933; Idaho, January 21, 1933; New
    Mexico, January 21, 1933; Ohio, January 23, 1933; Utah, January 23,
    1933; Missouri, January 23, 1933; Georgia, January 23, 1933.
    Ratification was completed on January 23, 1933. The amendment was
    subsequently ratified by Massachusetts, January 24, 1933; Wisconsin,
    January 24, 1933; Colorado, January 24, 1933; Nevada, January 26, 1933;
    Connecticut, January 27, 1933; New Hampshire, January 31, 1933; Vermont,
    February 2, 1933; Maryland, March 24, 1933; Florida, April 26, 1933.
      The ratification of this amendment to the Constitution shortened the
    first term of President Franklin D. Roosevelt and Vice President John N.
    Garner, and the terms of all Senators and Representatives of the 73d
    Congress.
    ---------------------------------------------------------------------------
      Section 2. <> The Congress shall
    assemble at least once in every year, and such meeting shall begin at
    noon on the 3d day of January, unless they shall by law appoint a
    different day.

      Before the ratification of the 20th amendment Congress met on the
    first Monday in December as provided in article I, section 4, of the
    Constitution. For discussion of the term of Congress before and pursuant
    to the 20th amendment, see Sec. 6, supra (accompanying art. I, sec. 2,
    cl. 1), and Deschler, ch. 1.

    [[Page 111]]

      Pursuant to section 2 of the 20th amendment, a regular session of a
    Congress must begin at noon on January 3 of every year unless Congress
    sets a different date by law, and if the House is in session at that
    time the Speaker declares the House adjourned sine die without a motion
    from the floor, in order that the next regular session of that Congress,
    or the first session of the next Congress (as the case may be) may
    assemble at noon on that day (Jan. 3, 1980, pp. 37773, 37774; Jan. 3,
    1996, pp. 35, 36; Jan. 3, 2012, p. _; Jan. 3, 2013, p. _; Jan. 3, 2014,
    p. _). The House has adjourned the second session of a Congress without
    motion at its expiration and convened the first session of the new
    Congress on a different date as prescribed by law (Jan. 3, 2009, p.
    24812).
      Since <> ratification, the following days for assembling have been
    established: Public Law 74-120, Jan. 5, 1937; Public Law 77-395, Jan. 5,
    1942; Public Law 77-819, Jan. 6, 1943; Public Law 78-210, Jan. 10, 1944;
    Public Law 79-289, Jan. 14, 1946; Public Law 80-358, Jan. 6, 1948;
    Public Law 82-244, Jan. 8, 1952; Public Law 83-199, Jan. 6, 1954; Public
    Law 83-700, Jan. 5, 1955; Public Law 85-290, Jan. 7, 1958; Public Law
    85-819, Jan. 7, 1959; Public Law 86-305, Jan. 6, 1960; Public Law 87-
    348, Jan. 10, 1962; Public Law 87-864, Jan. 9, 1963; Public Law 88-247,
    Jan. 7, 1964; Public Law 88-649, Jan. 4, 1965; Public Law 89-340, Jan.
    10, 1966; Public Law 89-704, Jan. 10, 1967; Public Law 90-230, Jan. 15,
    1968; Public Law 91-182, Jan. 19, 1970; Public Law 91-643, Jan. 21,
    1971; Public Law 92-217, Jan. 18, 1972; Public Law 93-196, Jan. 21,
    1974; Public Law 93-553, Jan. 14, 1975; Public Law 94-186, Jan. 19,
    1976; Public Law 94-494, Jan. 4, 1977; Public Law 95-594, Jan. 15, 1979;
    Public Law 96-566, Jan. 5, 1981; Public Law 97-133, Jan. 25, 1982;
    Public Law 98-179, Jan. 23, 1984; Public Law 99-379, Jan. 21, 1986;
    Public Law 99-613, Jan. 6, 1987; Public Law 100-229, Jan. 25, 1988;
    Public Law 101-228, Jan. 23, 1990; Public Law 102-475, Jan. 5, 1993;
    Public Law 103-395, Jan. 4, 1995; Public Law 104-296, Jan. 7, 1997;
    Public Law 105-140, Jan. 27, 1998; Public Law 105-350, Jan. 6, 1999;
    Public Law 106-127, Jan. 24, 2000; Public Law 107-328, Jan. 7, 2003;
    Public Law 108-181, Jan. 20, 2004; Public Law 108-433, Jan. 4, 2005;
    Public Law 109-447, Jan. 4, 2007; Public Law 110-430, Jan. 6, 2009;
    Public Law 111-121, Jan. 5, 2010; Public Law 111-289, Jan. 5, 2011;
    Public Law 113-201, Jan. 6, 2015. Such laws for the convening of a
    second session of a Congress may provide for possible earlier assembly
    by joint-leadership recall (see, e.g., Public Law 107-98, Jan. 23,
    2002).

    -  Section 3. <> If, at the time fixed for the beginning of the term of
    the President, the President elect shall have died, the Vice President
    elect shall become President. If a President shall not have

    [[Page 112]]

    been chosen before the time fixed for the beginning of his term, or if
    the President elect shall have failed to qualify, then the Vice
    President elect shall act as President until a President shall have
    qualified; and the Congress may by law provide for the case wherein
    neither a President elect nor a Vice President elect shall have
    qualified, declaring who shall then act as President, or the manner in
    which one who is to act shall be selected, and such person shall act
    accordingly until a President or Vice President shall have qualified.

      Congress <> provided by law in 1947 for the performance of the duties
    of the President in case of removal, death, resignation or inability,
    both of the President and Vice President (3 U.S.C. 19). Earlier
    succession statutes covering the periods 1792-1886 and 1887-1948 can be
    found in 18 Stat. 21, and 24 Stat. 1, respectively. Also see the 25th
    amendment to the Constitution, relating to vacancies in the Office of
    Vice President and Presidential inability.
      Before the 20th amendment there was no provision in the Constitution
    for a case wherein the President-elect was disqualified or had died.
      Section 4. <> The
    Congress may by law provide for the case of the death of any of the
    persons from whom the House of Representatives may choose a President
    whenever the right of choice shall have devolved upon them, and for the
    case of the death of any of the persons from whom the Senate may choose
    a Vice President whenever the right of choice shall have devolved upon
    them.

      The above section changes the 12th amendment insofar as it gives
    Congress the power to provide by law the manner in which the House
    should proceed in the event no candidate had a majority and one of the
    three highest on the list of those voted for as President had died.

    [[Page 113]]

      Section 5. Sections 1 and 2 shall take effect on the 15th day of
    October following the ratification of this article.
      Section 6. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of
    three-fourths of the several States within seven years from the date of
    its submission.

                          AMENDMENT XXI.\12\

      Section 1. <> The eighteenth
    article of amendment to the Constitution of the United States is hereby
    repealed.
    ---------------------------------------------------------------------------
      \12\The 21st amendment to the Constitution of the United
    States was proposed to conventions of the several States by the 72d
    Congress on February 20, 1933, and was declared in a proclamation by the
    Acting Secretary of State dated December 5, 1933, to have been ratified
    by conventions in 36 of the 48 States. The dates of these ratifications
    were: Michigan, April 10, 1933; Wisconsin, April 25, 1933; Rhode Island,
    May 8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933; Delaware,
    June 24, 1933; Massachusetts, June 26, 1933; Indiana, June 26, 1933; New
    York, June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933;
    Connecticut, July 11, 1933; New Hampshire, July 11, 1933; California,
    July 24, 1933; West Virginia, July 25, 1933; Arkansas, August 1, 1933;
    Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee, August 11,
    1933; Missouri, August 29, 1933; Arizona, September 5, 1933; Nevada,
    September 5, 1933; Vermont, September 23, 1933; Colorado, September 26,
    1933; Washington, October 3, 1933; Minnesota, October 10, 1933; Idaho,
    October 17, 1933; Maryland, October 18, 1933; Virginia, October 25,
    1933; New Mexico, November 2, 1933; Florida, November 14, 1933; Texas,
    November 24, 1933; Kentucky, November 27, 1933; Ohio, December 5, 1933;
    Pennsylvania, December 5, 1933; Utah, December 5, 1933. The amendment
    was subsequently ratified by Maine on December 6, 1933; Montana, August
    6, 1934. The convention held in the State of South Carolina on December
    4, 1933, rejected the 21st amendment.
    ---------------------------------------------------------------------------
      Section 2. <> The transportation or importation into any State,
    Territory, or possession of the United States for deliv

    [[Page 114]]

    ery or use therein of intoxicating liquors, in violation of the laws
    thereof, is hereby prohibited.
      Section 3. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by conventions in the
    several States, as provided in the Constitution, within seven years from
    the date of the submission hereof to the States by the Congress.

                         AMENDMENT XXII.\13\

      Section 1. <> No person shall be elected to the office of the President
    more than twice, and no person who has held the office of President, or
    acted as President, for more than two years of a term to

    [[Page 115]]

    which some other person was elected President shall be elected to the
    office of the President more than once. But this Article shall not apply
    to any person holding the office of President when this Article was
    proposed by the Congress, and shall not prevent any person who may be
    holding the office of President, or acting as President, during the term
    within which this Article becomes operative from holding the office of
    President or acting as President during the remainder of such term.
    ---------------------------------------------------------------------------
      \13\The 22d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    80th Congress on March 24, 1947, and was declared by the Administrator
    of General Services, in a proclamation dated March 1, 1951, to have been
    ratified by the legislatures of 36 of the 48 States. The dates of these
    ratifications were: Maine, March 31, 1947; Michigan, March 31, 1947;
    Iowa, April 1, 1947; Kansas, April 1, 1947; New Hampshire, April 1,
    1947; Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon, April 3,
    1947; Colorado, April 12, 1947; California, April 15, 1947; New Jersey,
    April, 15, 1947; Vermont, April 15, 1947; Ohio, April 16, 1947;
    Wisconsin, April 16, 1947; Pennsylvania, April 29, 1947; Connecticut,
    May 21, 1947; Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,
    January 28, 1948; Mississippi, February 12, 1948; New York, March 9,
    1948; South Dakota, January 21, 1949; North Dakota, February 25, 1949;
    Louisiana, May 17, 1950; Montana, January 25, 1951; Indiana, January 29,
    1951; Idaho, January 30, 1951; New Mexico, February 12, 1951; Wyoming,
    February 12, 1951; Arkansas, February 15, 1951; Georgia, February 17,
    1951; Tennessee, February 20, 1951; Texas, February 22, 1951; Nevada,
    February 26, 1951; Utah, February 26, 1951; Minnesota, February 27,
    1951. Ratification was completed February 27, 1951. The amendment was
    subsequently ratified by North Carolina, February 28, 1951; South
    Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16,
    1951; Alabama, May 4, 1951. Massachusetts and Oklahoma rejected the
    amendment.
    ---------------------------------------------------------------------------
      Section 2. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of
    three-fourths of the several States within seven years from the date of
    its submission to the States by the Congress.

                         AMENDMENT XXIII.\14\

      Section 1. <> The District constituting the seat of
    Government of the United States shall appoint in such manner as the
    Congress may direct:
    ---------------------------------------------------------------------------
      \14\The 23d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    86th Congress on June 17, 1960, and was declared by the Administrator of
    General Services, in a proclamation dated April 3, 1961, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of these
    ratifications were: Hawaii, June 23, 1960; Massachusetts, August 22,
    1960; New Jersey, December 19, 1960; New York, January 17, 1961;
    California, January 19, 1961; Oregon, January 27, 1961; Maryland,
    January 30, 1961; Idaho, January 31, 1961; Maine, January 31, 1961;
    Minnesota, January 31, 1961; New Mexico, February 1, 1961; Nevada,
    February 2, 1961; Montana, February 26, 1961; Colorado, February 8,
    1961; Washington, February 9, 1961; West Virginia, February 9, 1961;
    Alaska, February 10, 1961; Wyoming, February 13, 1961; South Dakota,
    February 14, 1961; Delaware, February 20, 1961; Utah, February 21, 1961;
    Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961; Indiana,
    March 3, 1961; North Dakota, March 3, 1961; Tennessee, March 6, 1961;
    Michigan, March 8, 1961; Connecticut, March 9, 1961; Arizona, March 10,
    1961; Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont, March
    15, 1961; Iowa, March 16, 1961; Missouri, March 20, 1961; Oklahoma,
    March 21, 1961; Rhode Island, March 22, 1961; Kansas, March 29, 1961;
    and Ohio, March 29, 1961. Ratification was completed March 29, 1961. The
    amendment was subsequently ratified by New Hampshire on March 30, 1961
    (when that State annulled and then repeated its ratification of March
    29, 1961). Arkansas rejected the amendment January 24, 1961.

    ---------------------------------------------------------------------------

    [[Page 116]]

      A number of electors of President and Vice President equal to the
    whole number of Senators and Representatives in Congress to which the
    District would be entitled if it were a State, but in no event more than
    the least populous State; they shall be in addition to those appointed
    by the States, but they shall be considered, for the purposes of the
    election of President and Vice President, to be electors appointed by a
    State; and they shall meet in the District and perform such duties as
    provided by the twelfth article of amendment.
      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

                         AMENDMENT XXIV.\15\

      Section 1. <> The right of citizens of the United States to vote in
    any primary or other election for President or Vice President, for
    electors for President

    [[Page 117]]

    or Vice President, or for Senator or Representative in Congress, shall
    not be denied or abridged by the United States or any State by reason of
    failure to pay any poll tax or other tax.
    ---------------------------------------------------------------------------
      \15\The 24th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    87th Congress on August 28, 1962, and was declared by the Administrator
    of General Services, in a proclamation dated February 4, 1964, to have
    been ratified by the legislatures of 38 of the 50 States. The dates of
    these ratifications were: Illinois, November 14, 1962; New Jersey,
    December 3, 1962; Oregon, January 25, 1963; Montana, January 28, 1963;
    West Virginia, February 1, 1963; New York, February 4, 1963; Maryland,
    February 6, 1963; California, February 7, 1963; Alaska, February 11,
    1963; Rhode Island, February 14, 1963; Indiana, February 19, 1963; Utah,
    February 20, 1963; Michigan, February 20, 1963; Colorado, February 21,
    1963; Ohio, February 27, 1963; Minnesota, February 27, 1963; New Mexico,
    March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7, 1963;
    Idaho, March 8, 1963; Washington, March 14, 1963; Vermont, March 15,
    1963; Nevada, March 19, 1963; Connecticut, March 20, 1963; Tennessee,
    March 21, 1963; Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
    Kansas, March 28, 1963; Massachusetts, March 28, 1963; Nebraska, April
    4, 1963; Florida, April 18, 1963; Iowa, April 24, 1963; Delaware, May 1,
    1963; Missouri, May 13, 1963; New Hampshire, June 12, 1963; Kentucky,
    June 27, 1963; Maine, January 16, 1964; and South Dakota, January 23,
    1964. Ratification was completed on January 23, 1964. Mississippi
    rejected the amendment on December 20, 1962. The amendment was
    subsequently ratified by Virginia, February 25, 1977; North Carolina,
    May 3, 1989; Alabama, Sept. 26, 2002; Texas, May 22, 2009.

      Harman v. Forssenius, 380 U.S. 528 (1965); Harper v. Virginia State
    ---------------------------------------------------------------------------
    Board of Elections, 383 U.S. 663 (1966).

      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

                          AMENDMENT XXV.\16\

      Section 1. <> In case of the removal of the President from office or of
    his death or resignation, the Vice President shall become President.
    ---------------------------------------------------------------------------
      \16\The 25th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    89th Congress on July 7, 1965, and was declared by the Administrator of
    General Services, in a proclamation dated February 23, 1967, to have
    been ratified by the legislatures of 39 of the 50 States. The dates of
    these ratifications were: Nebraska, July 12, 1965; Wisconsin, July 13,
    1965; Oklahoma, July 16, 1965; Massachusetts, August 9, 1965;
    Pennsylvania, August 18, 1965; Kentucky, September 15, 1965; Arizona,
    September 22, 1965; Michigan, October 5, 1965; Indiana, October 20,
    1965; California, October 21, 1965; Arkansas, November 4, 1965; New
    Jersey, November 29, 1965; Delaware, December 7, 1965; Utah, January 17,
    1966; West Virginia, January 20, 1966; Maine, January 24, 1966; Rhode
    Island, January 28, 1966; Colorado, February 3, 1966; New Mexico,
    February 3, 1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
    Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii, March 3, 1966;
    Virginia, March 8, 1966; Mississippi, March 10, 1966; New York, March
    14, 1966; Maryland, March 23, 1966; Missouri, March 30, 1966; New
    Hampshire, June 13, 1966; Louisiana, July 5, 1966; Tennessee, January
    12, 1967; Wyoming, January 25, 1967; Iowa, January 26, 1967; Washington,
    January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10,
    1967; Nevada, February 10, 1967. Ratification was completed February 10,
    1967. The amendment was subsequently ratified by Connecticut, February
    14, 1967; Montana, February 15, 1967; South Dakota, March 6, 1967; Ohio,
    March 7, 1967; Alabama, March 14, 1967; North Carolina, March 22, 1967;
    Illinois, March 22, 1967; Texas, April 25, 1967; Florida, May 25, 1967.

    ---------------------------------------------------------------------------

    [[Page 118]]

      Section 2. <> Whenever there is a vacancy
    in the office of the Vice President, the President shall nominate a Vice
    President who shall take office upon confirmation by a majority vote of
    both Houses of Congress.
      Section 3. <> Whenever the President transmits to the President pro
    tempore of the Senate and the Speaker of the House of Representatives
    his written declaration that he is unable to discharge the powers and
    duties of his office, and until he transmits to them a written
    declaration to the contrary, such powers and duties shall be discharged
    by the Vice President as Acting President.

    [[Page 119]]

      Section 4. <> Whenever the Vice President
    and a majority of either the principal officers of the executive
    departments or of such other body as Congress may by law provide,
    transmit to the President pro tempore of the Senate and the Speaker of
    the House of Representatives their written declaration that the
    President is unable to discharge the powers and duties of his office,
    the Vice President shall immediately assume the powers and duties of the
    office as Acting President.
      Thereafter, when the President transmits to the President pro tempore
    of the Senate and the Speaker of the House of Representatives his
    written declaration that no inability exists, he shall resume the powers
    and duties of his office unless the Vice President and a majority of
    either the principal officers of the executive department or of such
    other body as Congress may by law provide, transmit within four days to
    the President pro tempore of the Senate and the Speaker of the House of
    Representatives their written declaration that the President is unable
    to discharge the powers and duties of his office. Thereupon Congress
    shall decide the issue, assembling within forty-eight hours for that
    purpose if not in session. If the Congress, within twenty-one days after
    receipt of the latter written declaration, or, if Congress is not in
    session, within twenty-one days after Congress is required to assemble,
    determines by two-thirds vote of both Houses that the President is
    unable

    [[Page 120]]

    to discharge the powers and duties of his office, the Vice President
    shall continue to discharge the same as Acting President; otherwise, the
    President shall resume the powers and duties of his office.

      Congress <> has twice performed its responsibility under section two of
    the 25th amendment. On October 13, 1973, the Speaker laid before the
    House a message from President Nixon transmitting his nomination of
    Gerald R. Ford, Minority Leader in the House of Representatives, to be
    Vice President of the United States, Vice President Agnew having
    resigned on October 10, 1973. The Speaker referred the nomination to the
    Committee on the Judiciary, which under rule X has jurisdiction over
    matters relating to Presidential succession (Oct. 13, 1973, p. 34032).
    The nomination of Mr. Ford to be Vice President was confirmed by the
    Senate on November 27, 1973 (p. 38225) and by the House on December 6,
    1973 (p. 39900), and Vice President Ford was sworn in in the Chamber of
    the House of Representatives on December 6 (p. 39925). Subsequently,
    President Nixon resigned from office by delivering his written
    resignation to the Office of the Secretary of State, pursuant to 3
    U.S.C. 20, on August 9, 1974. Pursuant to section one of the 25th
    amendment, Vice President Ford became President, and was sworn in in the
    East Room at the White House. He nominated Nelson A. Rockefeller to be
    Vice President, which nomination was received in the House of
    Representatives and referred to the Committee on the Judiciary on August
    20, 1974; the nomination was confirmed by the Senate on December 10,
    1974 (p. 38936) and by the House on December 19, 1974 (p. 41516), and
    Vice President Rockefeller was sworn in in the Senate Chamber on
    December 19, 1974 (p. 41181). On both instances, the House received the
    message from the Senate, announcing that body's confirmation of the
    nominee for Vice President, following the vote on confirmation by the
    House.
      The Chair laid before the House communications from the President
    pursuant to section three of this amendment as follows: First, before
    undergoing sedation for a medical procedure, declaring his impending
    inability to discharge the constitutional powers and duties of the
    Office of President and advising that the Vice President would discharge
    those responsibilities as Acting President until the President declared
    his ability to resume that role; and second (after recovering from the
    sedation and the medical procedure) declaring his ability to resume the
    discharge of the constitutional powers and duties of the Office of
    President, and advising that he was doing so immediately (July 15, 1985,
    p. 18955; July 8, 2002, pp. 12089, 12090; July 23, 2007, p. 20036).

    [[Page 121]]

                         AMENDMENT XXVI.\17\

      Section 1. <> The right of citizens of the United States, who
    are eighteen years of age or older, to vote shall not be denied or
    abridged by the United States or by any State on account of age.
    ---------------------------------------------------------------------------
      \17\The 26th amendment to the Constitution was proposed by
    the Congress on March 23, 1971. It was declared, in a certificate of the
    Administrator of General Services, dated July 5, 1971, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of
    ratification were: Connecticut, March 23, 1971; Delaware, March 23,
    1971; Minnesota, March 23, 1971; Tennessee, March 23, 1971; Washington,
    March 23, 1971; Hawaii, March 24, 1971; Massachusetts, March 24, 1971;
    Montana, March 29, 1971; Arkansas, March 30, 1971; Idaho, March 30,
    1971; Iowa, March 30, 1971; Nebraska, April 2, 1971; New Jersey, April
    3, 1971; Kansas, April 7, 1971; Michigan, April 7, 1971; Alaska, April
    8, 1971; Maryland, April 8, 1971; Indiana, April 8, 1971; Maine, April
    9, 1971; Vermont, April 16, 1971; Louisiana, April 17, 1971; California,
    April 19, 1971; Colorado, April 27, 1971; Pennsylvania, April 27, 1971;
    Texas, April 27, 1971; South Carolina, April 28, 1971; West Virginia,
    April 28, 1971; New Hampshire, May 13, 1971; Arizona, May 14, 1971;
    Rhode Island, May 27, 1971; New York, June 2, 1971; Oregon, June 4,
    1971; Missouri, June 14, 1971; Wisconsin, June 22, 1971; Illinois, June
    29, 1971; Alabama, June 30, 1971; Ohio, June 30, 1971; North Carolina,
    July 1, 1971; Oklahoma, July 1, 1971.
      Ratification was completed on July 1, 1971.
      The amendment was subsequently ratified by Virginia, July 8, 1971;
    Wyoming, July 8, 1971; Georgia, October 4, 1971.
    ---------------------------------------------------------------------------
      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

    [[Page 122]]

                         AMENDMENT XXVII.\18\

      No law, varying the <> compensation for the services of the
    Senators and Representatives, shall take effect, until an election of
    Representatives shall have intervened.
    ---------------------------------------------------------------------------
      \18\The 27th amendment to the Constitution was proposed on
    September 25, 1789. It was declared to have been ratified by the
    legislatures of 39 of the 50 States in a certificate of the Archivist
    dated May 18, 1992. The dates of ratification were: Maryland, December
    19, 1789; North Carolina, December 22, 1789; South Carolina, January 19,
    1790; Delaware, January 28, 1790; Vermont, November 3, 1791; Virginia,
    December 15, 1791; Ohio, May 6, 1873; Wyoming, March 6, 1978; Maine,
    April 27, 1983; Colorado, April 22, 1984; South Dakota, February 21,
    1985; New Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee,
    May 23, 1985; Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
    Indiana, February 24, 1986; Utah, February 25, 1986; Arkansas, March 6,
    1987; Montana, March 17, 1987; Connecticut, May 13, 1987; Wisconsin,
    July 15, 1987; Georgia, February 2, 1988; West Virginia, March 10, 1988;
    Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho, March 23, 1989;
    Nevada, April 26, 1989; Alaska, May 6, 1989; Oregon, May 19, 1989;
    Minnesota, May 22, 1989; Texas, May 25, 1989; Kansas, April 5, 1990;
    Florida, May 31, 1990; North Dakota, March 25, 1991; Alabama, May 5,
    1992; Missouri, May 5, 1992; Michigan, May 7, 1992; New Jersey, May 7,
    1992.
      Ratification was completed on May 7, 1992. The amendment was
    subsequently ratified by Illinois, May 12, 1992; California, June 26,
    1992; Rhode Island, June 10, 1993; Hawaii, April 26, 1994; Washington,
    August 12, 1995; Kentucky, March 21, 1996.

      To quell speculation over the efficacy of a ratification process
    spanning two centuries, the House adopted a concurrent resolution
    declaring the ratification of the amendment (H. Con. Res. 320, May 19,
    1992, p. 11779 (adopted May 20, 1992, p. 12051)). The Senate adopted
    both a separate concurrent resolution and a simple resolution making
    similar declarations (S. Con. Res. 120 and S. Res. 298, May 20, 1992, p.
    11869). Neither House considered the concurrent resolution of the other.
    For a concurrent resolution declaring the ratification of the 14th
    amendment, see July 21, 1868. For opinions of the Supreme Court
    concerning the duration of the ratification process and the
    contemporaneity of State ratifications, see Dillon v. Gloss, 256 U.S.
    368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939). A law enacted in
    the 113th Congress directed the payroll administrators of each House to
    withhold the pay of Members or Senators until either

    [[Page 123]]

    (1) a concurrent resolution on the budget was adopted in their
    respective body or (2) in order to ensure compliance with the 27th
    amendment, the final day of the 113th Congress (P.L. 113-3).
      For Federal court opinions upholding congressional cost-of-living
    adjustments for Members under the Ethics Reform Act of 1989 (103 Stat.
    1716), see Boehner v. Anderson, 809 F. Supp. 138 (D.D.C. 1992), aff'd,
    30 F.3d 156 (D.C. Cir 1994); Schaffer v. Clinton, 54 F. Supp.2d 1014
    (D.Colo. 1999). end segment .002  deg. segment .003 --
    Jefferson through sec. xxxii  deg.

    [[Page 125]]

    ========================================================================

                               JEFFERSON'S MANUAL

    ========================================================================

    [[Page 127]]

           JEFFERSON'S MANUAL OF PARLIAMENTARY PRACTICE\1\

                                   __________

                     sec. i--importance of adhering to rules

      Mr. <> Onslow, the ablest among the Speakers of the House of
    Commons, used to say, ``It was a maxim he had often heard when he was a
    young man, from old

    [[Page 128]]

    and experienced Members, that nothing tended more to throw power into
    the hands of administration, and those who acted with the majority of
    the House of Commons, than a neglect of, or departure from, the rules of
    proceeding; that these forms, as instituted by our ancestors, operated
    as a check and control on the actions of the majority, and that they
    were, in many instances, a shelter and protection to the minority,
    against the attempts of power.'' So far the maxim is certainly true, and
    is founded in good sense, that as it is always in the power of the
    majority, by their numbers, to stop any improper measures proposed on
    the part of their opponents, the only weapons by which the minority can
    defend themselves against similar attempts from those in power are the
    forms and rules of proceeding which have been adopted as they were found

    [[Page 129]]

    necessary, from time to time, and are become the law of the House, by a
    strict adherence to which the weaker party can only be protected from
    those irregularities and abuses which these forms were intended to
    check, and which the wantonness of power is but too often apt to suggest
    to large and successful majorities, 2 Hats., 171, 172.
    ---------------------------------------------------------------------------
      \1\Jefferson's Manual was prepared by Thomas Jefferson for
    his own guidance as President of the Senate in the years of his Vice
    Presidency, from 1797 to 1801. In 1837 the House, by rule that still
    exists, provided that the provisions of the Manual should ``govern the
    House in all cases to which they are applicable and in which they are
    not inconsistent with the Rules and orders of the House.'' Rule XXIX,
    Sec. 1105, infra. In 1880 the committee that revised the Rules of the
    House declared in their report that the Manual, ``compiled as it was for
    the use of the Senate exclusively and made up almost wholly of
    collations of English parliamentary practice and decisions, it was never
    especially valuable as an authority in the House of Representatives,
    even in its early history, and for many years past has been rarely
    quoted in the House'' (V, 6757). This statement, although sanctioned by
    high authority, is extreme, for in certain parts of the Manual are to be
    found the foundations of some of the most important portions of the
    House's practice.
    <>
    The Manual is regarded by English parliamentarians as the best statement
    of what the law of Parliament was at the time Jefferson wrote it.
    Jefferson himself says, in the preface of the work:
      ``I could not doubt the necessity of quoting the sources of my
    information, among which Mr. Hatsel's most valuable book is preeminent;
    but as he has only treated some general heads, I have been obliged to
    recur to other authorities in support of a number of common rules of
    practice, to which his plan did not descend. Sometimes each authority
    cited supports the whole passage. Sometimes it rests on all taken
    together. Sometimes the authority goes only to a part of the text, the
    residue being inferred from known rules and principles. For some of the
    most familiar forms no written authority is or can be quoted, no writer
    having supposed it necessary to repeat what all were presumed to know.
    The statement of these must rest on their notoriety.
      ``I am aware that authorities can often be produced in opposition to
    the rules which I lay down as parliamentary. An attention to dates will
    generally remove their weight. The proceedings of Parliament in ancient
    times, and for a long while, were crude, multiform, and embarrassing.
    They have been, however, constantly advancing toward uniformity and
    accuracy, and have now attained a degree of aptitude to their object
    beyond which little is to be desired or expected.
      ``Yet I am far from the presumption of believing that I may not have
    mistaken the parliamentary practice in some cases, and especially in
    those minor forms, which, being practiced daily, are supposed known to
    everybody, and therefore have not been committed to writing. Our
    resources in this quarter of the globe for obtaining information on that
    part of the subject are not perfect. But I have begun a sketch, which
    those who come after me will successively correct and fill up, till a
    code of rules shall be formed for the use of the Senate, the effects of
    which may be accuracy in business, economy of time, order, uniformity,
    and impartiality.''
      Jefferson also says in his preface, as to the source most desirable at
    that time from which to draw principles of procedure:
    <>   ``But to what system of rules is he to recur,
    as supplementary to those of the Senate? To this there can be but one
    answer: To the system of regulations adopted for the government of some
    one of the parliamentary bodies within these States, or of that which
    has served as a prototype to most of them. This last is the model which
    we have all studied, while we are little acquainted with the
    modifications of it in our several States. It is deposited, too, in
    publications possessed by many, and open to all. Its rules are probably
    as wisely constructed for governing the debates of a deliberative body,
    and obtaining its true sense, as any which can become known to us; and
    the acquiescence of the Senate, hitherto, under the references to them,
    has given them the sanction of the approbation.''
      Those portions of the Manual that refer exclusively to Senate
    procedure or that refer to English practice wholly inapplicable to the
    House have been omitted. Paragraphs from the Constitution of the United
    States have also been omitted, because the Constitution is printed in
    full in this volume.
    ---------------------------------------------------------------------------
      And <> whether these
    forms be in all cases the most rational or not is really not of so great
    importance. It is much more material that there should be a rule to go
    by than what that rule is; that there may be a uniformity of proceeding
    in business not subject to the caprice of the Speaker or captiousness of
    the members. It is very material that order, decency, and regularity be
    preserved in a dignified public body. 2 Hats., 149.

    [[Page 130]]

      Whether the House is in order so that a Member may proceed in debate
    is determined by the Chair (Apr. 23, 2008, pp. 6748, 6749). Alleged
    partiality in making such a determination has been renounced (July 31,
    2008, p. 17495). The comportment of a presiding officer has formed the
    basis of a question of privilege (Aug. 3, 2007, p. 22783).

    * * * * *

                               sec. iii--privilege

      The <> privileges of members of Parliament, from small and
    obscure beginnings, have been advancing for centuries with a firm and
    never yielding pace. Claims seem to have been brought forward from time
    to time, and repeated, till some example of their admission enabled them
    to build law on that example. We can only, therefore, state the points
    of progression at which they now are. It is now acknowledged, 1st. That
    they are at all times exempted from question elsewhere, for anything
    said in their own House; that during the time of privilege, 2d. Neither
    a member himself, his, order H. of C. 1663, July 16, wife, nor his
    servants (familiares sui), for any matter of their own, may be, Elsynge,
    217; 1 Hats., 21; 1 Grey's Deb., 133, arrested on mesne process, in any
    civil suit: 3d. Nor be detained under execution, though levied before
    time of privilege: 4th. Nor impleaded, cited, or subpoenaed in any
    court: 5th. Nor summoned as a witness or juror: 6th. Nor may their lands
    or goods be distrained: 7th. Nor their persons assaulted, or characters
    traduced. And the period of time covered by privilege, before and after
    the session, with the practice of short prorogations under the conniv

    [[Page 131]]

    ance of the Crown, amounts in fact to a perpetual protection against the
    course of justice. In one instance, indeed, it has been relaxed by the
    10 G. 3, c. 50, which permits judiciary proceedings to go on against
    them. That these privileges must be continually progressive, seems to
    result from their rejecting all definition of them; the doctrine being,
    that ``their dignity and independence are preserved by keeping their
    privileges indefinite; and that `the maxims upon which they proceed,
    together with the method of proceeding, rest entirely in their own
    breast, and are not defined and ascertained by any particular stated
    laws.''' 1 Blackst., 163, 164.

      For a modern discussion of privileges of Members of Parliament, see
    Report of Joint Committee on Parliamentary Privilege of the House of
    Commons (H.C. 214-1, Mar. 30, 1999).

      It <> was probably from this view of the encroaching character
    of privilege that the framers of our Constitution, in their care to
    provide that the laws shall bind equally on all, and especially that
    those who make them shall not exempt themselves from their operation,
    have only privileged ``Senators and Representatives'' themselves from
    the single act of ``arrest in all cases except treason, felony, and
    breach of the peace, during their attendance at the session of their
    respective Houses, and in going to and returning from the same, and from
    being questioned in any other place for any speech or debate in either
    House.'' Const. U.S. Art I, Sec. 6. Under the general authority ``to
    make all laws necessary and proper

    [[Page 132]]

    for carrying into execution the powers given them,'' Const. U.S., Art.
    II, Sec. 8, they may provide by law the details which may be necessary
    for giving full effect to the enjoyment of this privilege. No such law
    being as yet made, it seems to stand at present on the following ground:
    1. The act of arrest is void, ab initio. 2 Stra., 989. 2. The member
    arrested may be discharged on motion, 1 Bl., 166; 2 Stra., 990; or by
    habeas corpus under the Federal or State authority, as the case may be;
    or by a writ of privilege out of the chancery, 2 Stra., 989, in those
    States which have adopted that part of the laws of England. Orders of
    the House of Commons, 1550, February 20. 3. The arrest being unlawful,
    is a trespass for which the officer and others concerned are liable to
    action or indictment in the ordinary courts of justice, as in other
    cases of unauthorized arrest. 4. The court before which the process is
    returnable is bound to act as in other cases of unauthorized proceeding,
    and liable, also, as in other similar cases, to have their proceedings
    stayed or corrected by the superior courts.
      The <> time
    necessary for going to, and returning from, Congress, not being defined,
    it will, of course, be judged of in every particular case by those who
    will have to decide the case. While privilege was understood in England
    to extend, as it does here, only to exemption from arrest, eundo,
    morando, et redeundo, the House of Commons themselves decided that ``a
    convenient time was to be under

    [[Page 133]]

    stood.'' (1580) 1 Hats., 99, 100. Nor is the law so strict in point of
    time as to require the party to set out immediately on his return, but
    allows him time to settle his private affairs, and to prepare for his
    journey; and does not even scan his road very nicely, nor forfeit his
    protection for a little deviation from that which is most direct; some
    necessity perhaps constraining him to it. 2 Stra., 986, 987.
      This <> privilege from arrest,
    privileges, of course, against all process the disobedience to which is
    punishable by an attachment of the person; as a subpoena ad
    respondendum, or testificandum, or a summons on a jury; and with reason,
    because a Member has superior duties to perform in another place. When a
    Representative is withdrawn from his seat by summons, the 40,000 people
    whom he represents lose their voice in debate and vote, as they do on
    his voluntary absence; when a Senator is withdrawn by summons, his State
    loses half its voice in debate and vote, as it does on his voluntary
    absence. The enormous disparity of evil admits no comparison.

      The <> House has decided that the summons of a court to Members to
    attend and testify constituted a breach of privilege, and directed them
    to disregard the mandate (III, 2661); but in other cases wherein Members
    informed the House that they had been summoned before the District Court
    of the United States for the District of Columbia or other courts, the
    House authorized them to respond (III, 2662; Feb. 23, 1948, p. 1557;
    Mar. 5, 1948, p. 2224; Apr. 8, 1948, p. 4264; Apr. 12, 1948, p. 4347;
    Apr. 14, 1948, p. 4461; Apr. 15, 1948, p. 4529; Apr. 28, 1948, p. 5009;
    May 6, 1948, pp. 5433, 5451; Feb. 2, 1950, p. 1399; Apr. 4, 1951, p.
    3320; Apr. 9, 1951, p. 3525; Apr. 12, 1951, pp. 3751, 3752; Apr. 13,
    1951, p. 3915; June 4,

    [[Page 134]]

    1951, p. 6084; June 22, 1951, p. 7001; Sept. 18, 1951, p. 11571; Sept.
    27, 1951, p. 12292; Mar. 5, 1953, p. 1658; Mar. 18, 1953, p. 2085; Mar.
    11, 1954, p. 3102; July 19, 1954, p. 10904; Apr. 9, 1956, p. 5970; Apr.
    10, 1956, p. 5991). The House, however, has declined to make a general
    rule permitting Members to waive their privilege, preferring that the
    Member in each case should apply for permission (III, 2660). Also in
    maintenance of its privilege the House has refused to permit the Clerk
    or other officers to produce in court, in obedience to a summons, an
    original paper from the files, but has given the court facilities for
    making copies (III, 2664, 2666; Apr. 15, 1948, p. 4552; Apr. 29, 1948,
    pp. 5161, 5162; May 6, 1948, p. 5432; Jan. 18, 1950, p. 565; Feb. 8,
    1950, p. 1695; Feb. 13, 1950, p. 1765; Sept. 22, 1950, p. 15636; Apr. 6,
    1951, p. 3403; Apr. 12, 1951, p. 3800; Oct. 20, 1951, p. 13777; Jan. 22,
    1953, p. 498; May 25, 1953, p. 5523; Jan. 28, 1954, p. 964; Feb. 25,
    1954, p. 2281; July 1, 1955, p. 9818; Apr. 12, 1956, p. 6258; Apr. 24,
    1958, p. 7262; Apr. 29, 1958, p. 7636; Sept. 16, 1974, p. 31123; Jan.
    19, 1977, p. 1728), but on one occasion, in which the circumstances
    warranted such action, the Clerk was permitted to respond and take with
    him certified copies of certain documents described in the subpoena (H.
    Res. 601, Oct. 29, 1969, p. 32005) and on another occasion, in response
    to a request from the Department of Justice, to provide a copy of the
    audio backup file of a committee deposition made by the Official
    Reporters of Debate to the prosecuting attorney for use in a criminal
    proceeding (Feb. 17, 2012, p. _); and on the rare occasions in which the
    House has permitted the production of an original paper from its files,
    it has made explicit provision for its return (H. Res. 1022, 1023, Jan.
    16, 1968, p. 80; H. Res. 1429, July 27, 1976, p. 24089). No officer or
    employee, except by authority of the House, should produce before any
    court a paper from the files of the House, nor furnish a copy of any
    paper except by authority of the House or a statute (III, 2663; VI, 587;
    Apr. 15, 1948, p. 4552; Apr. 30, 1948, pp. 5161, 5162; May 6, 1948, p.
    5432; Jan. 18, 1950, p. 565; Feb. 8, 1950, p. 1695; Feb. 13, 1950, p.
    1765; Sept. 22, 1950, p. 15636; Apr. 6, 1951, p. 3403; Apr. 12, 1951, p.
    3800; Oct. 20, 1951, p. 13777; Mar. 10, 1954, p. 3046; Feb. 7, 1955, p.
    1215; May 7, 1956, p. 7588; Dec. 18, 1974, p. 40925). In the 98th
    Congress, the House adopted a resolution denying compliance with a
    subpoena issued by a Federal Court for the production of records in the
    possession of the Clerk (documents of a select committee from the prior
    Congress), where the Speaker and joint leadership had instructed the
    Clerk in the previous Congress not to produce such records and where the
    Court refused to stay the subpoena or to allow the select committee to
    intervene to protect its interest; the resolution directed the Counsel
    to the Clerk to assert the rights and privileges of the House and to
    take all steps necessary to protect the rights of the House (Apr. 28,
    1983, p. 10417). On appeal from a subsequent district court judgment
    finding the Clerk in contempt, the Court of Appeals reversed on the
    ground that a subpoena to depose a nonparty witness under the Federal
    Rules of Civil Procedure may only be served

    [[Page 135]]

    in the district (of Maryland) where it was issued. In re Guthrie, 733
    F.2d 634 (4th Cir. 1984). If an official of both Houses of Congress is
    subpoenaed in his official capacity, the concurrence of both Houses by
    concurrent resolution is required to permit compliance (H. Con. Res.
    342, July 16, 1975, pp. 23144-46). The House has authorized a former
    committee employee to provide testimony in a criminal proceeding, such
    authorization having been provided by the committee in the previous two
    Congresses (sec. 3(f)(3), H. Res. 5, Jan. 6, 2015, p. _).
      A resolution routinely adopted up to the 95th Congress provided that
    when the House had recessed or adjourned Members, officers, and
    employees were authorized to appear in response to subpoenas duces
    tecum, but were prohibited from producing official papers in response
    thereto; the resolution also provided that when a court found that
    official papers, other than executive session material, were relevant,
    the court could obtain copies thereof through the Clerk of the House
    (see, e.g., H. Res. 12, Jan. 3, 1973, p. 30). In the 95th Congress, the
    House for the first time by resolution permitted this same type of
    general response whether or not the House is in session or in
    adjournment if a court has found that specific documents in possession
    of the House are material and relevant to judicial proceedings. The
    House reserved to itself the right to revoke this general permission in
    any specific case in which the House desires to make a different
    response (H. Res. 10, Jan. 4, 1977, p. 73; H. Res. 10, Jan. 15, 1979, p.
    19). The permission did not apply to executive session material, such as
    a deposition of a witness in executive session of a committee, which
    could be released only by a separate resolution passed by the House (H.
    Res. 296, June 4, 1979, p. 13180). H. Res. 10 of the 96th Congress was
    clarified and revised later in that Congress by H. Res. 722 (Sept. 17,
    1980, pp. 25777-90) and became the basis for rule VIII, added as rule L
    in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113, see Sec. 697,
    infra).
      Although <> the statutes provide that the Department of Justice may
    represent any officer of the House or Senate in the event of judicial
    proceedings against such officer in relation to the performance of
    official duties (see 2 U.S.C. 5503), and that the Department of Justice
    shall generally represent the interests of the United States in court
    (28 U.S.C. 517), the House has on occasion authorized special
    appearances on its own behalf by special counsel when the prerogatives
    or powers of the House have been questioned in the courts. The House has
    adopted privileged resolutions authorizing the chair of a subcommittee
    to intervene in any judicial proceeding concerning subpoenas duces tecum
    issued by that committee, authorizing the appointment of a special
    counsel to carry out the purposes of such a resolution, and providing
    for the payment from the contingent fund (now referred to as
    ``applicable accounts of the House described in clause 1(k)(1) of rule
    X'') of expenses to employ such special counsel (H. Res. 1420, Aug. 26,
    1976, p. 27858; H. Res. 334, May 9, 1977, pp. 13949-52), authorizing the
    Sergeant-at-Arms to employ a special counsel to represent him in a
    pending

    [[Page 136]]

    action in Federal court in which he was named as a defendant, and
    providing for the payment from the contingent fund of expenses to employ
    such counsel (H. Res. 1497, Sept. 2, 1976, p. 28937), and authorizing
    the chair of the Committee on House Administration to intervene as a
    party in a pending civil action in the U.S. Court of Claims, to defend
    on behalf of the House the constitutional authority to make laws
    necessary and proper for executing its constitutional powers,
    authorizing the employment of special counsel for such purpose, and
    providing for the payment from the contingent fund of expenses to employ
    such counsel (H. Res. 884, Nov. 2, 1977, p. 36661). The House has
    authorized the Speaker to take any steps considered necessary, including
    intervention as a party or by submission of briefs amicus curiae, in
    order to protect the interests of the House before the court (H. Res.
    49, Jan. 29, 1981, p. 1304). The House has authorized the Speaker to
    initiate or intervene in civil actions regarding the failure of the
    President or any other employee of the executive branch to implement a
    given law and authorized the Office of General Counsel to represent the
    House in such matters and to employ outside counsel (H. Res. 676, July
    30, 2014, p. _), which authority was continued in the next Congress
    (sec. 3(f)(2), H. Res. 5, Jan. 6, 2015, p. _). The House also has on
    occasion adopted privileged resolutions, reported from the Committee on
    Rules, authorizing standing or select committees to make applications to
    courts in connection with their investigations (H. Res. 252, Feb. 9,
    1977, pp. 3966-75; H. Res. 760, Sept. 28, 1977, pp. 31329-36; H. Res.
    67, Mar. 4, 1981, pp. 3529-33), including regarding judicial enforcement
    of committee subpoenas (H. Res. 706, June 28, 2012, p. _, continued in
    the next two Congresses by sec. 4(a)(2), H. Res. 5, Jan. 3, 2013, p. _
    and sec. 3(f)(1), H. Res. 5, Jan. 6, 2015, p. _). The House has also
    adopted (by special rule) an unreported resolution on the same topic (H.
    Res. 980, Feb. 14, 2008, pp. 2190, 2191, continued and expanded in the
    next Congress by sec. 4(f), H. Res. 5, Jan. 6, 2009, p. 10). For a
    discussion of the Office of General Counsel, which was established to
    provide legal assistance and representation to the House without regard
    to political affiliation and in consultation with the Bipartisan Legal
    Advisory Group, see clause 8 of rule II, Sec. Sec. 670, 670a, infra.

      When <> either House desires the attendance of
    a Member of the other to give evidence it is the practice to ask the
    other House that the Member have leave to attend, and the use of a
    subpoena is of doubtful propriety (III, 1794). However, in one case the
    Senate did not consider that its privilege forbade the House to summon
    one of its officers as a witness (III, 1798). But when the Secretary of
    the Senate was subpoenaed to appear before a committee of the House with
    certain papers from the files of the Senate, the Senate discussed the
    question of privilege before empowering him to attend (III, 2665). For
    discussion of the means by which one House may prefer a complaint
    against a Member or officer of the other, see Sec. 373, infra.

    [[Page 137]]

      So <> far
    there will probably be no difference of opinion as to the privileges of
    the two Houses of Congress; but in the following cases it is otherwise.
    In December, 1795, the House of Representatives committed two persons of
    the name of Randall and Whitney for attempting to corrupt the integrity
    of certain Members, which they considered as a contempt and breach of
    the privileges of the House; and the facts being proved, Whitney was
    detained in confinement a fortnight and Randall three weeks, and was
    reprimanded by the Speaker. In March, 1796, the House voted a challenge
    given to a Member of their House to be a breach of the privileges of the
    House; but satisfactory apologies and acknowledgments being made, no
    further proceeding was had. * * *

      The <> cases of Randall and Whitney (II, 1599-1603) were followed in
    1818 by the case of John Anderson, a citizen, who for attempted bribery
    of a Member was arrested, tried, and censured by the House (II, 1606).
    Anderson appealed to the courts and this procedure finally resulted in a
    discussion by the Supreme Court of the United States of the right of the
    House to punish for contempts, and a decision that the House by
    implication has the power to punish, because ``public functionaries must
    be left at liberty to exercise the powers which the people have
    intrusted to them,'' and ``the interests and dignity of those who
    created them require the exertion of the powers indispensable to the
    attainment of the ends of their creation. Nor is a casual conflict with
    the rights of particular individuals any reason to be urged against the
    exercise of such powers'' (II, 1607; Anderson v. Dunn, 19 U.S. (6
    Wheat.) 204, 226, 227 (1821)). In 1828 an assault on the President's
    secretary in the Capitol gave rise to a question of privilege that
    involved a discussion of the inherent power of the House to punish for
    contempt (II, 1615). Again in 1832, when the House censured Samuel
    Houston, a citizen, for assault on a Member for words spoken in debate
    (II, 1616), there was a discussion by the House of the doctrine of
    inherent and implied power as opposed to the other doctrine that the
    House might exercise no authority not expressly conferred on it by the
    Constitu

    [[Page 138]]

    tion or the laws of the land (II, 1619). In 1865 the House arrested and
    censured a citizen for attempted intimidation and assault on a member
    (II, 1625); in 1866, a citizen who had assaulted the clerk of a
    committee of the House in the Capitol was arrested by order of the
    House, but because there was not time to punish in the few remaining
    days of the session, the Sergeant-at-Arms was directed to turn the
    prisoner over to the civil authorities of the District of Columbia (II,
    1629); and in 1870 Woods, who had assaulted a Member on his way to the
    House, was arrested on warrant of the Speaker, arraigned at the bar, and
    imprisoned for a term extending beyond the adjournment of the session,
    although not beyond the term of the existing House (II, 1626-1628).
      In <> 1876 the
    arrest and imprisonment by the House of Hallet Kilbourn, a contumacious
    witness, resulted in a decision by the Supreme Court of the United
    States that the House had no general power to punish for contempt, as in
    a case wherein it was proposing to coerce a witness in an inquiry not
    within the constitutional authority of the House. The Court also
    discussed the doctrine of inherent power to punish, saying in
    conclusion, ``We are of opinion that the right of the Houses of
    Representatives to punish the citizen for a contempt of its authority or
    a breach of its privileges can derive no support from the precedents and
    practices of the two Houses of the English Parliament, nor from the
    adjudged cases in which the English courts have upheld these practices.
    Nor, taking what has fallen from the English judges, and especially the
    later cases on which we have just commented, is much aid given to the
    doctrine, that this power exists as one necessary to enable either House
    of Congress to exercise successfully their function of legislation. This
    latter proposition is one that we do not propose to decide in the
    present case, because we are able to decide it without passing upon the
    existence or nonexistence of such a power in aid of the legislative
    function'' (Kilbourn v. Thompson, 103 U.S. 168, 189 (1880); II, 1611).
    In 1894, in the case of Chapman, another contumacious witness, the
    Supreme Court affirmed the undoubted right of either House of Congress
    to punish for contempt in cases to which its power properly extends
    under the expressed terms of the Constitution (II, 1614; In re Chapman,
    1166 U.S. 661 (1897)). The nature of the punishment that the House may
    inflict was discussed by the Court in Anderson's case (II, 1607;
    Anderson v. Dunn, 19 U.S. (6 Wheat.) 204 (1821)).
      In the case of Marshall v. Gordon, 243 U.S. 521 (1917), the Court
    addressed the following situation:
    <>
    Appellant, while United States Attorney for the Southern District of New
    York, conducted a grand jury investigation that led to the indictment of
    a Member of the House. Acting on charges of misfeasance and nonfeasance
    made by the Member against appellant in part before the indictment and
    renewed with additions afterward, the House by resolution directed its
    Judiciary Committee to make inquiry and report concerning ap

    [[Page 139]]

    pellant's liability to impeachment. Such inquiry being in progress
    through a subcommittee, appellant addressed to the subcommittee's chair,
    and gave to the press, a letter, charging the subcommittee with an
    endeavor to probe into and frustrate the action of the grand jury, and
    couched in terms calculated to arouse the indignation of the members of
    that committee and those of the House generally. Thereafter, appellant
    was arrested in New York by the Sergeant-at-Arms pursuant to a
    resolution of the House whereby the letter was characterized as
    defamatory and insulting and as tending to bring that body into public
    contempt and ridicule, and whereby appellant in writing and publishing
    such letter was adjudged to be in contempt of the House in violating its
    privileges, honor, and dignity. He applied for habeas corpus.
      The court held that the proceedings concerning which the alleged
    contempt was committed were not impeachment proceedings; that, whether
    they were impeachment proceedings or not, the House was without power by
    its own action, as distinct from such action as might be taken under
    criminal laws, to arrest or punish for such acts as were committed by
    appellant.
      No express power to punish for contempt was granted to the House save
    the power to deal with contempts committed by its own Members (art. I,
    sec. 5). The possession by Congress of the commingled legislative and
    judicial authority to punish for contempts that was exerted by the House
    of Commons is at variance with the view and tendency existing in this
    country when the Constitution was adopted, as evidenced by the manner in
    which the subject was treated in many State constitutions, beginning at
    or about that time and continuing thereafter. Such commingling of powers
    would be destructive of the basic constitutional distinction between
    legislative, executive, and judicial power, and repugnant to limitations
    that the Constitution fixes expressly; hence there is no warrant
    whatever for implying such a dual power in aid of other powers expressly
    granted to Congress. The House has implied power to deal directly with
    contempt so far as is necessary to preserve and exercise the legislative
    authority expressly granted. Being, however, a power of self-
    preservation, a means and not an end, the power does not extend to
    infliction of punishment, as such; it is a power to prevent acts that in
    and of themselves inherently prevent or obstruct the discharge of
    legislative duty and to compel the doing of those things that are
    essential to the performance of the legislative functions. As pointed
    out in Anderson v. Dunn, 19 U.S. (6 Wheat.) 204 (1821), this implied
    power in its exercise is limited to imprisonment during the session of
    the body affected by the contempt.
      The authority does not cease when the act complained of has been
    committed, but includes the right to determine in the use of legitimate
    and fair discretion how far from the nature and character of the act
    there is necessity for repression to prevent immediate recurrence, i.e.,
    the continued existence of the interference or obstruction to the
    exercise of legislative power. In such case, unless there be manifest an
    absolute disregard of

    [[Page 140]]

    discretion, and a mere exertion of arbitrary power coming within the
    reach of constitutional limitations, the exercise of the authority is
    not subject to judicial interference. The power is the same in quantity
    and quality whether exerted on behalf of the impeachment powers or of
    the others to which it is ancillary. The legislative power to provide by
    criminal laws for the prosecution and punishment of wrongful acts is not
    here involved.
      The Senate may invoke its civil contempt statute (2 U.S.C. 288d) to
    direct the Senate legal counsel to bring an action in Federal court to
    compel a witness to comply with the subpoena of a committee of the
    Senate. The House, in contrast, may either certify such a witness to the
    appropriate United States Attorney for possible indictment under the
    criminal contempt statute (2 U.S.C. 192) or exercise its inherent power
    to commit for contempt by detaining the recalcitrant witness in the
    custody of the Sergeant-at-Arms.
      (See also McGrain v. Daugherty, 273 U.S. 135 (1927); Sinclair v.
    United States, 279 U.S. 263 (1929); Jurney v. MacCracken, 294 U.S. 125
    (1935); Quinn v. United States, 349 U.S. 155 (1955); Groppi v. Leslie,
    404 U.S. 496 (1972).)

      * * * <> The editor of the Aurora
    having, in his paper of February 19, 1800, inserted some paragraphs
    defamatory of the Senate, and failed in his appearance, he was ordered
    to be committed. In debating the legality of this order, it was
    insisted, in support of it, that every man, by the law of nature, and
    every body of men, possesses the right of self-defense; that all public
    functionaries are essentially invested with the powers of self-
    preservation; that they have an inherent right to do all acts necessary
    to keep themselves in a condition to discharge the trusts confided to
    them; that whenever authorities are given, the means of carrying them
    into execution are given by necessary implication; that thus we see the
    British Parliament exercise the right of punishing contempts; all the
    State Legislatures exercise the same power, and every court does the
    same; that, if we have it not, we sit at the

    [[Page 141]]

    mercy of every intruder who may enter our doors or gallery, and, by
    noise and tumult, render proceeding in business impracticable; that if
    our tranquillity is to be perpetually disturbed by newspaper defamation,
    it will not be possible to exercise our functions with the requisite
    coolness and deliberation; and that we must therefore have a power to
    punish these disturbers of our peace and proceedings. * * *
      * * * <> To this it was answered, that the
    Parliament and courts of England have cognizance of contempts by the
    express provisions of their law; that the State Legislatures have equal
    authority because their powers are plenary; they represent their
    constituents completely, and possess all their powers, except such as
    their constitutions have expressly denied them; that the courts of the
    several States have the same powers by the laws of their States, and
    those of the Federal Government by the same State laws adopted in each
    State, by a law of Congress; that none of these bodies, therefore,
    derive those powers from natural or necessary right, but from express
    law; that Congress have no such natural or necessary power, nor any
    powers but such as are given them by the Constitution; that that has
    given them, directly, exemption from personal arrest, exemption from
    question elsewhere for what is said in their House, and power over their
    own members and proceedings; for these no further law is necessary, the
    Constitution being the law; that, moreover, by that article of the
    Constitu

    [[Page 142]]

    tion which authorizes them ``to make all laws necessary and proper for
    carrying into execution the powers vested by the Constitution in them,''
    they may provide by law for an undisturbed exercise of their functions,
    e.g., for the punishment of contempts, of affrays or tumult in their
    presence, &c.; but, till the law be made, it does not exist; and does
    not exist, from their own neglect; that, in the meantime, however, they
    are not unprotected, the ordinary magistrates and courts of law being
    open and competent to punish all unjustifiable disturbances or
    defamations, and even their own sergeant, who may appoint deputies ad
    libitum to aid him 3 Grey, 59, 147, 255,  is equal to small
    disturbances; that in requiring a previous law, the Constitution had
    regard to the inviolability of the citizen, as well as of the Member;
    as, should one House, in the regular form of a bill, aim at too broad
    privileges, it may be checked by the other, and both by the President;
    and also as, the law being promulgated, the citizen will know how to
    avoid offense. But if one branch may assume its own privileges without
    control, if it may do it on the spur of the occasion, conceal the law in
    its own breast, and, after the fact committed, make its sentence both
    the law and the judgment on that fact; if the offense is to be kept
    undefined and to be declared only ex re nata, and according to the
    passions of the moment, and there be no limitation either in the manner
    or measure of the punishment, the condition of the citizen will be
    perilous indeed. * * *

    [[Page 143]]

      * * * <> Which of these doctrines is to
    prevail, time will decide. Where there is no fixed law, the judgment on
    any particular case is the law of that single case only, and dies with
    it. When a new and even a similar case arises, the judgment which is to
    make and at the same time apply to the law, is open to question and
    consideration, as are all new laws. Perhaps Congress in the mean time,
    in their care for the safety of the citizen, as well as that for their
    own protection, may declare by law what is necessary and proper to
    enable them to carry into execution the powers vested in them, and
    thereby hang up a rule for the inspection of all, which may direct the
    conduct of the citizen, and at the same time test the judgments they
    shall themselves pronounce in their own case.

      In 1837 the House declined to proceed with a bill ``defining the
    offense of a contempt of this House, and to provide for the punishment
    thereof'' (II, 1598). Congress has, however, prescribed that a witness
    summoned to appear before a committee of either House who does not
    respond or who refuses to answer a question pertinent to the subject of
    the inquiry shall be deemed guilty of a misdemeanor (2 U.S.C. 192).
      A resolution directing the Speaker to certify to the United States
    Attorney the refusal of a witness to respond to a subpoena issued by a
    House committee involves the privileges of the House and may be offered
    from the floor as privileged if offered by direction of the committee
    reporting the resolution (e.g., Oct. 27, 2000, p. 25200). A committee
    report to accompany such resolution may therefore be presented to the
    House without regard to the three-day availability requirement for other
    reports (see clause 4 of rule XIII; July 13, 1971, p. 24720). A
    resolution with two resolving clauses separately directing the
    certification of the contemptuous conduct of two individuals is subject
    to a demand for a division of the question as to each individual
    (contempt proceedings against Ralph and Joseph Bernstein, Feb. 27, 1986,
    p. 3061); as is a resolution with one resolving clause certifying
    contemptuous conduct of several individuals (Oct. 27, 2000, p. 25200;
    contrast, Deschler-Brown, ch. 30, Sec. 49.1). A contempt resolution may
    be withdrawn as a matter of right before action thereon (Oct.

    [[Page 144]]

    27, 2000, p. 25200). The Speaker certifies a contempt case to the United
    States Attorney (2 U.S.C. 194) and informs the House thereof (e.g.,
    Deschler, ch. 15, Sec. 22.3; June 29, 2012, p. _; May 8, 2014, p. _).
      In the 97th Congress, the House adopted a resolution directing the
    Speaker to certify to the United States Attorney the failure of an
    official of the executive branch (Anne M. Gorsuch, Administrator,
    Environmental Protection Agency) to submit executive branch documents to
    a House subcommittee pursuant to a subcommittee subpoena. This was the
    first occasion on which the House cited an executive official for
    contempt of Congress (Dec. 16, 1982, p. 31754). In the following
    Congress, the House adopted (as a question of privilege) a resolution
    reported from the same committee certifying to the United States
    Attorney the fact that an agreement had been entered into between the
    committee and the executive branch for access by the committee to the
    documents that Anne Gorsuch had failed to submit and that were the
    subject of the contempt citation (where the contempt had not yet been
    prosecuted) (Aug. 3, 1983, p. 22692). In other cases in which compliance
    had subsequently been attained in the same Congress, the House has
    adopted privileged resolutions certifying the facts to the United States
    Attorney to the end that contempt proceedings be discontinued (see
    Deschler, ch. 15, Sec. 21). In the 98th Congress, the House adopted a
    privileged resolution directing the Speaker to certify to the United
    States Attorney the refusal of a former official of the executive branch
    to obey a subpoena to testify before a subcommittee (H. Res. 200, May
    18, 1983, p. 12720). In the 106th Congress the House considered a
    resolution directing the Speaker to certify to the United States
    Attorney the refusal of three individuals to obey a subpoena duces tecum
    and to answer certain questions while appearing under subpoena before a
    subcommittee, which resolution was withdrawn before action thereon (H.
    Res. 657, Oct. 27, 2000, p. 25217). In the 110th Congress, the House
    adopted (by special rule) a resolution directing the Speaker to certify
    to the United States Attorney the refusal of White House Chief of Staff
    to produce documents to a committee, and former White House Counsel to
    appear, testify, and produce documents to a subcommittee, each as
    directed by subpoena (H. Res. 979, Feb. 14, 2008, pp. 2190, 2191). In
    the 112th Congress, the House adopted a resolution directing the Speaker
    to certify to the United States Attorney the refusal of the Attorney
    General to produce documents to a committee as directed by subpoena (H.
    Res. 711, June 28, 2012, p. _). In the 113th Congress, the House adopted
    a resolution directing the Speaker to certify to the United States
    Attorney the refusal of the former Director of Exempt Organizations at
    the Internal Revenue Service to produce documents to a committee as
    directed by subpoena (H. Res.574, May 7, 2014, p. _).
      A resolution laying on the table a message from the President
    containing certain averments inveighing disrespect toward Members of
    Congress was considered as a question of the privileges of the House as
    a breach of privilege in a formal communication to the House (VI, 330).-

    [[Page 145]]

      Privilege <> from arrest takes place by force of the
    election; and before a return be made a Member elected may be named of a
    committee, and is to every extent a Member except that he cannot vote
    until he is sworn, Memor., 107, 108. D'Ewes, 642, col. 2; 643, col. 1.
    Pet. Miscel. Parl., 119. Lex. Parl., c. 23.2 Hats., 22, 62.

      The Constitution of the United States limits the broad Parliamentary
    privilege to the time of attendance on sessions of Congress, and of
    going to and returning therefrom. In a case wherein a Member was
    imprisoned during a recess of Congress, he remained in confinement until
    the House, on assembling, liberated him (III, 2676).
      It is recognized in the practice of the House that a Member may be
    named to a committee before being sworn, and in some cases Members have
    not taken the oath until long afterwards (IV, 4483), although in the
    modern practice Members-elect have been elected to standing committees
    effective only when sworn (e.g., H. Res. 26, 27; Jan. 6, 1983, p. 132).
    In one case, when a Member did not appear to take the oath, the Speaker
    with the consent of the House appointed another Member to the committee
    in his place (IV, 4484). The status of a Member-elect under the
    Constitution undoubtedly differs greatly from the status of a Member-
    elect under the law of Parliament. In various inquiries by committees of
    the House this question has been examined, with the conclusions that a
    Member-elect becomes a Member from the very beginning of the term to
    which elected (I, 500), that he is as much an officer of the Government
    before taking the oath as afterwards (I, 185), and that his status is
    distinguished from that of a Member who has qualified (I, 183, 184).
    Members-elect may resign or decline before taking the oath (II, 1230-
    1233, 1235; Jan. 6, 1999, p. 42); they have been excluded (I, 449, 464,
    474, 550, 551; VI, 56; Mar. 1, 1967, pp. 4997-5038), and in one case a
    Member-elect was expelled (I, 476; II, 1262). The names of Members who
    have not been sworn are not entered on the roll from which the yeas and
    nays are called for entry on the Journal (V, 6048; VIII, 3122), nor are
    such Members-elect permitted to vote or introduce bills (see Sec. 198,
    supra). The House has granted a Member-elect a leave of absence (e.g.,
    Jan. 5, 2011, p. 106; Jan. 6, 2015, p. _).

      Every <> man must, at his peril, take notice who are members of
    either House returned of record. Lex. Parl., 23; 4 Inst., 24.

    [[Page 146]]

      On Complaint of a breach of privilege, the party may either be
    summoned, or sent for in custody of the sergeant. 1 Grey, 88, 95.
      The privilege of a Member is the privilege of the House. If the Member
    waive it without leave, it is a ground for punishing him, but cannot in
    effect waive the privilege of the House. 3 Grey, 140, 222.

      Although the privilege of Members of the House is limited by the
    Constitution, these provisions of the Parliamentary law are applicable,
    and persons who have attempted to bribe Members (II, 1599, 1606),
    assault them for words spoken in debate (II, 1617, 1625) or interfere
    with them while on the way to attend the sessions of the House (II,
    1626), have been arrested by order of the House by the Sergeant-at-Arms,
    ``Wherever to be found.'' The House has declined to make a general rule
    to permit Members to waive their privilege in certain cases, preferring
    to give or refuse permission in each individual case (III, 2660-2662).
      In United States v. Helstoski, 442 U.S. 477 (1979), the Supreme Court
    discussed the ability of either an individual Member or the entire
    Congress to waive the protection of the Speech or Debate Clause. The
    Court found first, that the Member's conduct in testifying before a
    grand jury and voluntarily producing documentary evidence of legislative
    acts protected by the Clause did not waive its protection. Assuming,
    without deciding, that a Member could waive the Clause's protection
    against being prosecuted for a legislative act, the Court said that such
    a waiver could only be found after an explicit and unequivocal
    renunciation of its immunity, which was absent in this case. Second,
    passage of the official bribery statute, 18 U.S.C. 201, did not amount
    to an institutional waiver of the Speech or Debate Clause for individual
    Members. Again assuming without deciding whether Congress could
    constitutionally waive the Clause for individual Members, such a waiver
    could be shown only by an explicit and unequivocal expression of
    legislative intent, and there was no evidence of that in the legislative
    history of the statute. The Speech or Debate clause is not an impediment
    to the enforcement within the House of the rule prohibiting
    personalities in debate (clause 1 of rule XVII, May 25, 1995, p. 14436).

      For <> any speech or debate in either
    House, they shall not be questioned in any other place. Const. U.S., I,
    6; S. P. protest of the Commons to James I, 1621; 2 Rapin, No. 54, pp.
    211, 212. But

    [[Page 147]]

    this is restrained to things done in the House in a parliamentary
    course. 1 Rush, 663. For he is not to have privilege contra morem
    parliamentarium, to exceed the bounds and limits of his place and duty.
    Com. p.
      If <> an offense be committed by a member in the House, of which
    the House has cognizance, it is an infringement of their right for any
    person or court to take notice of it till the House has punished the
    offender or referred him to a due course. Lex. Parl., 63.
      Privilege is in the power of the House, and is a restraint to the
    proceeding of inferior courts, but not of the House itself. 2 Nalson,
    450; 2 Grey, 399. For whatever is spoken in the House is subject to the
    censure of the House; and offenses of this kind have been severely
    punished by calling the person to the bar to make submission, committing
    him to the tower, expelling the House, &c. Scob., 72; L. Parl., c. 22.
    <>   It is a breach of order for the Speaker to refuse to
    put a question which is in order. 1 Hats., 175-6; 5 Grey, 133.

      Where the Clerk, presiding during organization of the House, declined
    to put a question, a Member put the question from the floor (I, 67).

      And <> even in cases of treason, felony, and breach of
    the peace, to which privilege does not extend as to substance, yet in
    Parliament a member is privileged as to the mode of proceeding. The case
    is first to be laid before the House, that it

    [[Page 148]]

    may judge of the fact and of the ground of the accusation, and how far
    forth the manner of the trial may concern their privilege; otherwise it
    would be in the power of other branches of the government, and even of
    every private man, under pretenses of treason, &c., to take any man from
    his service in the House, and so, as many, one after another, as would
    make the House what he pleaseth. Dec'l of the Com. on the King's
    declaring Sir John Hotham a traitor. 4 Rushw., 586. So, when a member
    stood indicted for felony, it was adjudged that he ought to remain of
    the House till conviction; for it may be any man's case, who is
    guiltless, to be accused and indicted of felony, or the like crime. 23
    El., 1580; D'Ewes, 283, col. 1; Lex. Parl., 133.

      Where Members of the House have been arrested by the State authorities
    the cases have not been laid first before the House; but when the House
    has learned of the proceedings, it has investigated to ascertain if the
    crime charged was actually within the exceptions of the Constitution
    (III, 2673), and in one case in which it found a Member imprisoned for
    an offense not within the exceptions it released him by the hands of its
    own officer (III, 2676).
      The <> House has not usually taken action in the infrequent
    instances in which Members have been indicted for felony, and in one or
    two instances Members under indictment or pending appeal on conviction
    have been appointed to committees  (IV,  4479).  The  House  has,
    however, adopted a resolution expressing the sense of the House that
    Members convicted of certain felonies should refrain from participation
    in committee business and from voting in the House until the presumption
    of innocence is reinstated or until re-elected to the House (see H. Res.
    128, Nov. 14, 1973, p. 36944), and that principle has been incorporated
    in the Code of Official Conduct (clause 10 of rule XXIII). A Senator
    after indictment was omitted from committees at his own request (IV,
    4479), and a Member who had been convicted in one case did not appear in
    the House during the Congress (IV, 4484, footnote). A Senator in one
    case withdrew from the Senate pending his trial (II, 1278). After
    conviction but before the Sen

    [[Page 149]]

    ator's resignation, and while an appeal for rehearing was pending, the
    Senate continued its investigation (II, 1282).
      When <> it is found necessary for the public service to put a Member
    under arrest, or when, on any public inquiry, matter comes out which may
    lead to affect the person of a member, it is the practice immediately to
    acquaint the House, that they may know the reasons for such a
    proceeding, and take such steps as they think proper. 2 Hats., 259. Of
    which see many examples. Ib., 256, 257, 258. But the communication is
    subsequent to the arrest. 1 Blackst., 167.
      It <> is highly expedient, says Hatsel, for
    the due preservation of the privileges of the separate branches of the
    legislature, that neither should encroach on the other, or interfere in
    any matter depending before them, so as to preclude, or even influence,
    that freedom of debate which is essential to a free council. They are,
    therefore, not to take notice of any bills or other matters depending,
    or of votes that have been given, or of speeches which have been held,
    by the members of either of the other branches of the legislature, until
    the same have been communicated to them in the usual parliamentary
    manner. 2 Hats., 252; 4 Inst., 15; Seld. Jud., 53.
      Thus <> the King's taking notice of the bill for suppressing
    soldiers, depending before the House; his proposing a provisional clause
    for a bill before it was presented to him by the two Houses; his ex

    [[Page 150]]

    pressing displeasure against some persons for matters moved in
    Parliament during the debate and preparation of a bill, were breaches of
    privilege, 2 Nalson, 743; and in 1783, December 17, it was declared a
    breach of fundamental privileges, &c., to report any opinion or
    pretended opinion of the King on any bill or proceeding depending in
    either House of Parliament, with a view to influence the votes of the
    members, 2 Hats., 251, 6.
    * * * * *

                                 sec. vi--quorum

    * * * * *
      In <> general the chair is not to be taken till a quorum for
    business is present; unless, after due waiting, such a quorum be
    despaired of, when the chair may be taken and the House adjourned. And
    whenever, during business, it is observed that a quorum is not present,
    any member may call for the House to be counted, and being found
    deficient, business is suspended. 2 Hats., 125, 126.

      In the House the Speaker takes the Chair at the hour to which the
    House stood adjourned and there is no requirement that the House proceed
    immediately to establish a quorum, although the Speaker has the
    authority under clause 7 of rule XX to recognize for a call of the House
    at any time. The question of a quorum is not considered unless properly
    raised (IV, 2733; VI, 624), and it is not in order for the Speaker to
    recognize for a point of no quorum unless the Speaker has put the
    pending question or proposition to a vote. Although it was formerly the
    rule that a quorum was necessary for debate as well as business (IV,
    2935-2949), in the 94th Congress the House restricted the Chair's
    ability to recognize the absence of a quorum (clause 7 of rule XX).
    Clause 5(c) of rule XX permits the House to operate with a ``provisional
    quorum'' where the House is without a

    [[Page 151]]

    quorum due to catastrophic circumstances. Title III of the Legislative
    Branch Appropriations Act, 2006, amended Federal election law to require
    States to hold special elections for the House within 49 days after a
    vacancy is announced by the Speaker in the extraordinary circumstance
    that vacancies in representation from the States exceed 100 (P.L. 109-
    55; 2 U.S.C. 8).

                           sec. vii--call of the house

      On <> the
    call of the House, each person rises up as he is called, and answereth;
    the absentees are then only noted, but no excuse to be made till the
    House be fully called over. Then the absentees are called a second time,
    and if still absent, excuses are to be heard. Ord. House of Commons, 92.
      They rise that their persons may be recognized; the voice, in such a
    crowd, being an insufficient verification of their presence. But in so
    small a body as the Senate of the United States, the trouble of rising
    cannot be necessary.
      Orders for calls on different days may subsist at the same time. 2
    Hats., 72.

      Rule XX provides for a call of the House. Members do not rise on
    answering, and quorum calls are normally conducted by electronic device
    (clause 2(a) of rule XX). Clause 5(c) of rule XX permits the House to
    operate with a ``provisional quorum'' where the House is without a
    quorum due to catastrophic circumstances.
    * * * * *

                                sec. ix--speaker

    * * * * *
      When <> but one person is
    proposed, and no objection made, it has not been usual in Parliament to
    put any question to the House; but without a question the members
    proposing him conduct him to the chair.

    [[Page 152]]

    But if there be objection, or another proposed, a question is put by the
    Clerk. 2 Hats., 158. As are also questions of adjournment. 6 Gray, 406.
    Where the House debated and exchanged messages and answers with the King
    for a week without a Speaker, till they were prorogued. They have done
    it de die in diem for fourteen days. 1 Chand., 331, 335.

      On October 23, 2000, the House of Commons, pursuant to a Standing
    Order, elected a new Speaker after rejection of twelve other nominees
    offered one at a time as amendments to the question. The amendments were
    offered after refusal of the ``Father of the House of Commons'' to
    entertain a motion to change the Standing Order to require a preliminary
    secret ballot. On March 22, 2001, and on October 29, 2002, the House of
    Commons adopted Standing Order 1B, requiring that the election of a new
    Speaker be by secret ballot (Standing Orders of the House of Commons--
    Public Business 2003).
      For a discussion of the election of the Speaker of the House of
    Representatives, see Sec. 27, supra.

      In <> the Senate, a President pro tempore, in the absence of the
    Vice-President, is proposed and chosen by ballot. His office is
    understood to be determined on the Vice-President's appearing and taking
    the chair, or at the meeting of the Senate after the first recess.

      In the later practice the President pro tempore has usually been
    chosen by resolution. In 1876 the Senate determined that the tenure of
    the Office of a President pro tempore elected at one session does not
    expire at the meeting of Congress after the first recess, the Vice
    President not having appeared to take the chair; that the death of the
    Vice President does not have the effect of vacating the Office of
    President pro tempore; and that the President pro tempore holds office
    at the pleasure of the Senate (II, 1417). In the 107th Congress the
    Senate elected two Presidents of the Senate pro tempore for different
    periods when the majority of the Senate shifted after inauguration of
    the Vice President (S. Res. 3, Jan. 3, 2001, p. 7).

    [[Page 153]]

      Where <> the Speaker has been ill, other Speakers pro tempore have
    been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir
    William Sturton, and in 15 H., 6. Sir John Tyrrel, in 1656, January 27;
    1658, March 9; 1659, January 13.
      Sir Job Charlton ill, Seymour chosen,
                          1673, February 18.      Not merely pro tem. 1
       Seymour being ill, Sir Robert Sawyer     Chand., 169, 276, 277.
                     chosen, 1678, April 15.<3-ln }>

      Sawyer being ill, Seymour chosen.
      Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and
    March 14, 1694, Sir John Trevor chosen. There have been no later
    instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.

      The House, by clause 8 of rule I, has provided for appointment and
    election of Speakers pro tempore. Relying on the Act of June 1, 1789 (2
    U.S.C. 25), the Clerk recognized for nominations for Speaker, at the
    convening of a new Congress, as being of higher constitutional privilege
    than a resolution to postpone the election of a Speaker and instead
    provide for the election of a Speaker pro tempore pending the
    disposition of certain ethics charges against the nominee of the
    majority party (Jan. 7, 1997, p. 115).

      A <> Speaker may be removed
    at the will of the House, and a Speaker pro tempore appointed, 2 Grey,
    186; 5 Grey, 134.

      A resolution declaring the Office of Speaker vacant presents a
    question of constitutional privilege (VI, 35), though the House has
    never removed a Speaker. It has on several occasions removed or
    suspended other officers, such as Clerk and Doorkeeper (I, 287-290, 292;
    II, 1417). A resolution for the removal of an officer is presented as a
    matter of privilege (I, 284-286; VI, 35). The Speaker may remove the
    Clerk, Sergeant-at-Arms, and Chief Administrative Officer under clause 1
    of rule II.

    [[Page 154]]

                                 sec. x--address

    * * * * *
      A <> joint address of
    both Houses of Parliament is read by the Speaker of the House of Lords.
    It may be attended by both Houses in a body, or by a Committee from each
    House, or by the two Speakers only. An address of the House of Commons
    only may be presented by the Whole House, or by the Speaker, 9 Grey,
    473; 1 Chandler, 298, 301; or by such particular members as are of the
    privy council. 2 Hats., 278.

      In the first years of Congress the President annually delivered an
    address to the two Houses in joint session, and the House then prepared
    an address, which the Speaker, attended by the House, carried to the
    President. A joint rule of 1789 also provided for the presentation of
    joint addresses of the two Houses to the President (V, 6630). In 1876
    the joint rules of the House were abrogated, including the joint rule
    providing for presentation of the joint addresses of the two Houses to
    the President (V, 6782-6787). In 1801 President Jefferson transmitted a
    message in writing and discontinued the practice of making addresses in
    person. From 1801 to 1913 all messages were sent in writing (V, 6629),
    but President Wilson resumed the custom of making addresses in person on
    April 8, 1913, and, with the exception of President Hoover (VIII, 3333),
    the custom has been followed generally by subsequent Presidents.

                               sec. xi--committees

      Standing <> committees, as of Privileges
    and Elections, &c., are usually appointed at the first meeting, to
    continue through the session. The person first named is generally
    permitted to act as chairman. But this is a matter of courtesy; every
    committee having a right to elect their own chairman, who presides over
    them, puts questions, and reports their pro

    [[Page 155]]

    ceedings to the House. 4 inst., 11, 12; Scob., 9; 1 Grey, 122.

      Before the 62d Congress, standing as well as select committees and
    their chairs were appointed by the Speaker, but under the present form
    of rule X, adopted in 1911, continued as a part of the Legislative
    Reorganization Act of 1946, and revised under the Committee Reform
    Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470),
    standing committees and their respective chairs are elected by the House
    (IV, 4448; VIII, 2178). Owing to their number and size, committees are
    not usually elected immediately, but resolutions providing for such
    elections are presented by the majority and minority parties pursuant to
    clause 5 of rule X as soon as they are able to perfect the lists. A
    committee may order its report to be made by the chair, or by some other
    member (IV, 4669), even by a member of the minority party (IV, 4672,
    4673), or by a Delegate (July 1, 1958, p. 12871 (Burns of Hawaii)); and
    the chair sometimes submits a report in which the chair has not
    concurred (IV, 4670). Clause 2 of rule XIII requires that a report that
    has been approved by the committee must be filed with the House within
    seven calendar days after a written request from a majority of the
    committee is submitted to the committee clerk.
      At <> these committees the members are to speak standing,
    and not sitting; though there is reason to conjecture it was formerly
    otherwise. D'Ewes, 630, col. 1; 4 Parl. Hist., 440; 2 Hats., 77.
      Their <> proceedings
    are not to be published, as they are of no force till confirmed by the
    House. Rushw., part 3, vol. 2, 74; 3 Grey, 401; Scob., 39.* * *

      In the House it is entirely within rule and usage for a committee to
    conduct its proceedings in secret (III, 1694, 1732; IV, 4558-4564; see
    also clause 2(g) of rule XI), and the House may not abrogate the secrecy
    of a committee's proceedings except by suspending the rule (IV, 4565).
    The House has no information concerning the proceedings of a committee
    not officially reported by the committee (VII, 1015) and it is not in
    order in debate to refer to executive session proceedings of a committee
    that have not formally been reported to the House (V, 5080-5083; VIII,
    2269, 2485, 2493; June 24, 1958, pp. 12120, 12122; Apr. 5, 1967, p.
    8411). However, a complaint that certain remarks that might be uttered
    in debate would improperly disclose executive-session material of a
    committee is not cognizable as a point of order in the House if the
    Chair is not aware of the executive-session status of the information
    (Nov. 5, 1997, p. 24648). On

    [[Page 156]]

    one occasion a Member was permitted to refer to the unreported executive
    session proceedings of a subcommittee to justify his point of order that
    a resolution providing for a select committee to inquire into action of
    the subcommittee was not privileged (June 30, 1958, p. 12690). In one
    case the House authorized the clerk of a committee to disclose by
    deposition its proceedings (III, 2604).
      Under clause 2 of rule XI, all hearings and business meetings
    conducted by standing committees shall be open to the public, except
    when a committee, in open session, by record vote, with a majority
    present, determines to close the meeting or hearing for that day for the
    reasons stated in that clause. In addition, clause 2(k) of rule XI
    establishes a procedure for closing a hearing because of defamatory,
    degrading, or incriminating testimony. Clause 11(d) of rule X
    establishes special rules governing the closing of hearings of the
    Permanent Select Committee on Intelligence.
    <>   * * * Nor
    can they receive a petition but through the House. 9 Grey, 412.
      When <> a committee is charged with an inquiry, if
    a Member prove to be involved, they can not proceed against him but must
    make a special report to the House; whereupon the Member is heard in his
    place, or at the bar, or a special authority is given to the committee
    to inquire concerning him. 9 Grey, 523.

      Although <> the authority of this principle has not been
    questioned by the House, there have in special instances been deviations
    from it. Thus, in 1832, when a Member had been slain in a duel, and the
    fact was notorious that all the principals and seconds were Members of
    the House, the committee, charged only with investigating the causes and
    whether or not there had been a breach of privilege, reported with their
    findings recommendations for expulsion and censure of the Members found
    to be implicated. There was criticism of this method of procedure as
    deviating from the rule of Jefferson's Manual, but the House did not
    recommit the report (II, 1644). In 1857, when a committee charged with
    inquiring into accusations against Members not named found certain
    Members implicated, they gave them copies of the testimony and
    opportunities to explain to the committee, under oath or otherwise, as
    they individually might prefer (III, 1845), but reported recommendations
    for expulsion without first seeking the order of the House (II, 1275;
    III, 1844). In 1859 and 1892 a similar procedure occurred (III, 1831,
    2637). But the House, in

    [[Page 157]]

    a case wherein an inquiry had incidentally involved a Member, evidently
    considered the parliamentary law as applicable, because it admitted as
    of privilege and agreed to a resolution directing the committee to
    report the charges (III, 1843). And in cases wherein testimony taken
    before a joint committee incidentally impeached the official characters
    of a Member and a Senator, the facts in each case were reported to the
    House interested (III, 1854). A select committee, appointed to report
    upon the right of a Member-elect to be sworn (H. Res. 1, 90th Cong., pp.
    14-27, Jan. 10, 1967), invited him to appear, to testify, and permitted
    him to be accompanied by counsel (see H. Rept. 90-27).
      And <> where one House, by a committee, has found a Member of the
    other implicated, the testimony has been transmitted (II, 1276; III,
    1850, 1852, 1853). Where such testimony was taken in open session of the
    committee, it was not thought necessary that it be under seal when sent
    to the other House (III, 1851).

      So <> soon as the House sits, and a committee is notified of it, the
    chairman is in duty bound to rise instantly, and the members to attend
    the service of the House. 2 Nals., 319.

      For the current practice of the House, see clauses 2(i) and 2(m)(1) of
    rule XI.

      It <> appears that on
    joint committees of the Lords and Commons each committee acted
    integrally in the following instances: 7 Grey, 261, 278, 285, 338; 1
    Chandler, 357, 462. In the following instances it does not appear
    whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.

      It is the practice in Congress that joint committees shall vote per
    capita, and not as representatives of the two Houses (IV, 4425),
    although the membership from the House is usually, but not always (IV
    4410), larger than that from the Senate (III, 1946; IV, 4426-4431). But
    ordinary committees of conference appointed to settle differences
    between the two Houses are not considered joint committees, and the
    managers of the two Houses vote separately (V, 6336), each House having
    one vote. A quorum of a joint committee seems to have been considered to
    be a majority of the whole number rather than a majority of the
    membership of each House (IV, 4424). The first named of the Senate
    members acted as chair in one notable in

    [[Page 158]]

    stance (IV, 4424), and in another the joint committee elected its chair
    (IV, 4447).

                        sec. xii--committee of the whole

      The <> speech, messages, and other matters of great concernment are
    usually referred to a Committee of the Whole House (6 Grey, 311), where
    general principles are digested in the form of resolutions, which are
    debated and amended till they get into a shape which meets the
    approbation of a majority. These being reported and confirmed by the
    House are then referred to one or more select committees, according as
    the subject divides itself into one or more bills. Scob., 36, 44.
    Propositions for any charge on the people are especially to be first
    made in a Committee of the Whole. 3 Hats., 127. The sense of the whole
    is better taken in committee, because in all committees everyone speaks
    as often as he pleases. Scob., 49. * * *

      This provision is largely obsolete, the House having by its rules and
    practice provided specifically for procedure in Committee of the Whole,
    and having also by its rules for the order of business left no
    privileged status for motions to go into Committee on matters not
    already referred there. The Committee no longer originates resolutions
    or bills, but receives such as have been formulated by standing or
    select committees and referred to it; and when it reports, the House
    usually acts at once on the report without reference to select or other
    committees (IV, 4705). The practice of referring annual messages of the
    President to the Committee, to be there considered and reported with
    recommendations for the reference of various portions to the proper
    standing or select committees (V, 6621, 6622), was discontinued in the
    64th Congress (VIII, 3350). The current practice is to refer the annual
    message to the Committee of the Whole House on the state of the Union
    and order it printed (Jan. 14, 1969, p. 651). Executive communications
    submitted to implement the proposals contained in the State of the Union
    Message are referred by the Speaker

    [[Page 159]]

    to the various committees having jurisdiction over the subject matter
    therein.
      * * * <> They generally acquiesce in the chairman named by the Speaker;
    but, as well as all other committees, have a right to elect one, some
    member, by consent, putting the question, Scob., 36; 3 Grey, 301. * * *

      The House (by clause 1 of rule XVIII) gives the authority to appoint
    the chair of the Committee of the Whole to the Speaker (IV, 4704).

      * * * <> The form of going from the House into committee, is for the
    Speaker, on motion, to put the question that the House do now resolve
    itself into a Committee of the Whole to take into consideration such a
    matter, naming it. If determined in the affirmative, he leaves the chair
    and takes a seat elsewhere, as any other Member; and the person
    appointed chairman seats himself at the Clerk's table. Scob., 36. * * *

      This is the form in the House, except that the chair of the Committee
    of the Whole sits in the Speaker's chair. Clause 1(b) of rule XVIII
    (former rule XXIII) was adopted to authorize the Speaker, and it is the
    modern practice, when no other business is pending, to declare the House
    resolved into the Committee to consider a measure at any time after the
    House has adopted a special order of business providing for
    consideration of such measure (and not require a motion), unless the
    resolution specifies otherwise (H. Res. 5, Jan. 3, 1983, p. 34).

      * * * <> Their
    quorum is the same as that of the House; and if a defect happens, the
    chairman, on a motion and question, rises, the Speaker resumes the chair
    and the chairman can make no other report than to inform the House of
    the cause of their dissolution. * * *

    [[Page 160]]

      Until 1890 a quorum of the Committee of the Whole was the same as the
    quorum of the House; but in 1890 the rule (formerly clause 2 of rule
    XXIII, current clause 6 of rule XVIII) fixed it at one hundred (IV,
    2966). Clause 6 of rule XVIII provides the procedure that is followed in
    the Committee in case of failure of a quorum.

      * * * <> If a message is announced during a committee, the Speaker
    takes the chair and receives it, because the committee can not. 2 Hats.,
    125, 126.

      In the House, the Committee rises informally to receive a message, or
    to enable the Speaker to sign and lay before the House an enrolled bill,
    at the direction of the Chair without a formal motion from the floor
    (IV, 4786, footnote; Jan. 28, 1980, p. 888; Feb. 8, 1995, p. 4112); but
    at this rising the House may not have the message read or transact other
    business except by unanimous consent (IV, 4787-4791). However, it is the
    general custom for the Speaker to decline to entertain a unanimous-
    consent request during an informal rising of the Committee (IV, 4789,
    Apr. 6, 2000, p. 4778).

      In <> a Committee of the Whole, the tellers
    on a division differing as to numbers, great heats and confusion arose,
    and danger of a decision by the sword. The Speaker took the chair, the
    mace was forcibly laid on the table; whereupon the Members retiring to
    their places, the Speaker told the House ``he has taken the chair
    without an order to bring the House into order.'' Some excepted against
    it; but it was generally approved as the only expedient to suppress the
    disorder. And every Member was required, standing up in his place, to
    engage that he would proceed no further in consequence of what had
    happened in the grand committee, which was done. 3 Grey, 128.

    [[Page 161]]

      In the House the Speaker has on several occasions taken the chair
    ``without an order to bring the House into order'' (II, 1648-1653), but
    that being accomplished the Speaker may yield to the chair that the
    committee may rise in due form (II, 1349). In one instance, the Chair,
    having been defied and insulted by a Member, left the chair; and, on the
    chair being taken by the Speaker, he reported the facts to the House
    (II, 1653). In several cases Members who have quarreled have made
    explanation and reconciled their difficulties (II, 1651), or have been
    compelled by the House to apologize ``for violating its privilege and
    offending its dignity'' (II, 1648, 1650).
      A <> Committee of the Whole being broken up in disorder, and the
    chair resumed by the Speaker without an order, the House was adjourned.
    The next day the committee was considered as thereby dissolved, and the
    subject again before the House; and it was decided in the House, without
    returning into committee. 3 Grey, 130.

      This provision is obsolete, because in the practice of the House there
    is but one Committee of the Whole, which is in its nature a standing
    committee with calendars of business. It is never dissolved, and bills
    remain on its calendar until reported in the regular manner after
    consideration (IV, 4705). After restoring order, the Speaker usually
    leaves the chair, thus permitting the committee later to rise in due
    form (II, 1349).

      No <> previous question can be put in a
    committee; nor can this committee adjourn as others may; but if their
    business is unfinished, they rise, on a question, the House is resumed,
    and the chairman reports that the Committee of the Whole have, according
    to order, had under their consideration such a matter, and have made
    progress therein; but not having had time to go through the same, have
    directed him to ask leave to sit again. Whereupon a question is put on
    their having leave, and on the time the House will again resolve itself
    into a committee. Scob., 38. But if they have gone through the

    [[Page 162]]

    matter <> referred to them, a member moves that the committee may
    rise, and the chairman report their proceedings to the House; which
    being resolved, the chairman rises, the Speaker resumes the chair, the
    chairman informs him that the committee have gone through the business
    referred to them, and that he is ready to make report when the House
    shall think proper to receive it. If the House have time to receive it,
    there is usually a cry of ``now, now,'' whereupon he makes the report;
    but if it be late, the cry is ``to-morrow, to-morrow,'' or ``Monday,''
    etc., or a motion is made to that effect, and a question put that it be
    received to-morrow, &c. Scob., 38.

      In the practice of the House the previous question and motion to
    adjourn are not admitted in Committee of the Whole; but the rules
    (clause 8 of rule XVIII) provide for closing five-minute debate by
    motion. When the Committee rises without concluding a matter the Chair
    reports that it ``has come to no resolution thereon''; but leave to sit
    again is not asked in the modern practice. The permission of the House
    is not asked when the Chair reports a matter concluded in Committee. The
    report is made and received as a matter of course, and is thereupon
    before the House for action. When the House has vested control of
    general debate in certain Members, their control may not be abrogated
    during general debate by another Member moving to rise, unless they
    yield for that purpose (May 25, 1967, p. 14121; June 10, 1999, p.
    12471). A Member yielded time in general debate may not yield to another
    for such motion (Feb. 22, 1950, p. 2178; May 17, 2000, p. 8200). The
    motion that the Committee rise is privileged during debate under the
    five-minute rule, and may be offered during debate on a pending
    amendment, except where a Member has the floor (Aug. 13, 1986, p. 21215;
    Mar. 22, 1995, p. 8770). The motion to rise may not include restrictions
    on the amendment process or limitations on future debate on amendments
    (June 6, 1990, p. 13234). The motion that the Committee rise is not
    debatable (May 17, 2000, p. 8203). For a further discussion of the
    motion to rise, see Sec. 983, infra. For a point of order against the
    motion to rise and report an appropriation bill to the House where the
    bill, as proposed to be amended, exceeds an applicable allocation of new
    budget authority under section 302(b) of the Congressional Budget

    [[Page 163]]

    Act of 1974, and procedures for the Committee in the event that the
    point of order is sustained, see Sec. 1044b, infra.
      The <> Speaker recognizes only reports
    from the Committee of the Whole made by the chair thereof (V, 6987), and
    a matter alleged to have arisen therein but not reported may not be
    brought to the attention of the House (VIII, 2429, 2430) even on the
    claim that a question of privilege is involved (IV, 4912; V, 6987). In
    one instance, however, the Committee reported with a bill a resolution
    relating to an alleged breach of privilege (V, 6986). When a bill is
    reported the Speaker must assume that it has passed through all the
    stages necessary for the report (IV, 4916). When the Committee reported
    not only what it had done but by whom it had been prevented from doing
    other things, the Speaker held that the House might not amend the
    report, which stood (IV, 4909). When an amendment is reported by the
    Committee it may not be withdrawn, and a question as to its validity is
    not considered by the Speaker (IV, 4900). When a Committee, directed by
    order of the House to consider certain bills, reported also certain
    other bills, the Speaker held that so much of the report as related to
    the latter bills could be received only by unanimous consent (IV, 4911).
    When a report is ruled out as in excess of the Committee's power, the
    accompanying bill stands recommitted (IV, 4784, 4907). A former rule
    prohibited a Committee's report from being received in the absence of a
    quorum (VI, 666; clause 7 of rule XX).
      The Committee of the <> Whole, like any other committee, may amend a proposition either
    by an ordinary amendment or by a substitute amendment (IV, 4899), but
    these amendments must be reported to the House for action. Amendments
    rejected by the Committee are not reported (IV, 4877). Ordinarily all
    amendments must be disposed of before the Committee may report (IV,
    4752-4758); but sometimes a special order of business requires a report
    at a specified time, in which case pending amendments are reported (IV,
    3225-3228) or not (IV, 4910) as the terms of the order may direct. In
    the 98th Congress, clause 2 of rule XXI was amended to give precedence
    to the motion that the Committee rise and report a general appropriation
    bill at the conclusion of its reading for amendment and before or
    between consideration of amendments proposing certain limitations or
    retrenchments (H. Res. 5, Jan. 3, 1983, p. 34). The 104th Congress
    further amended clause 2 to permit only the Majority Leader or a
    designee to offer that motion (sec. 215(a), H. Res. 6, Jan. 4, 1995, p.
    468). The 105th Congress elevated the Majority Leader's preferential
    motion in clause 2 to take precedence of any motion to amend at that
    stage (H. Res. 5, Jan. 7, 1997, p. 121). The practice of the House,
    based originally on a rule (IV, 4904), requires amendments to be
    reported from the Committee in their perfected forms, and this holds
    good even in the case of an amendment in the nature of a substitute,
    which may have been amended freely (IV, 4900-4903). If the Committee
    amends a paragraph and subse

    [[Page 164]]

    quently strikes the paragraph as amended, the first amendment fails, and
    is not reported to the House or voted on (IV, 4898; V, 6169; VIII, 2421,
    2426), and when the Committee adopts two amendments that are
    subsequently deleted by an amendment striking and inserting new text,
    only the latter amendment is reported to the House (June 20, 1967, p.
    16497). Where two amendments proposing inconsistent motions to strike
    and insert a pending section are considered as separate first degree
    amendments (not one as a substitute for the other) before either is
    finally disposed of under a special procedure permitting the Chair to
    postpone requests for a recorded vote, the Chair's order of voting on
    the matter as unfinished business determines which amendment (if both
    were adopted) would be reported to the House (Aug. 6, 1998, pp. 19098-
    107). Normally, if the Committee perfects a bill by adopting certain
    amendments and then adopts an amendment striking all after section one
    of the bill and inserting a new text, only the bill, as amended by the
    motion to strike and insert, is reported to the House; but when the bill
    is being considered under a special rule permitting a separate vote in
    the House on any of the amendments adopted in the Committee to the bill
    or to the committee substitute, all amendments adopted in the Committee
    are reported to the House regardless of their consistency (May 26, 1960,
    pp. 11302-04). Where a separate vote is demanded in this type of
    situation in the House only on an amendment striking a section of a
    committee substitute, but not on perfecting amendments that have been
    previously adopted in Committee of the Whole to that section, rejection
    in the House of the motion to strike the section results in a vote on
    the committee substitute in its original form and not as perfected,
    because the perfecting amendments have been displaced in the Committee
    of the Whole and have not been revived on a separate vote in the House
    (Speaker O'Neill, Oct. 13, 1977, pp. 33622-24). But if the Committee of
    the Whole reports a bill to the House with an adopted amendment in the
    nature of a substitute and the special order of business in question
    does not provide for separate House votes on amendments thereto, a
    separate vote may not be demanded on an amendment to such amendment,
    because only one amendment in its perfected form has been reported back
    to the House (Nov. 17, 1983, p. 33463).
      All <> amendments to a bill reported from the Committee of the Whole
    stand on an equal footing and must be voted on by the House (IV, 4871)
    in the order in which they are reported, although they may be
    inconsistent, one with another (IV, 4881, 4882), and are subject to
    amendment in the House unless the previous question is ordered (VIII,
    2419). Two amendments being reported as distinct were considered
    independently, although apparently one was a proviso attaching to the
    other (IV, 4905); and an entire and distinct amendment may not be
    divided, but must be voted on by the House as a whole (IV, 4883-4892;
    VIII, 2426). It is a frequent practice for the House by unanimous
    consent to act at once on all the amendments to a bill reported from the
    Committee, but

    [[Page 165]]

    it is the right of any Member to demand a separate vote on any amendment
    (IV, 4893, 4894; VIII, 2419) unless a special rule mandates that sundry
    amendments be put en gros (June 24, 2009, p. 16147). Where a special
    rule permits en bloc consideration of certain amendments in the
    Committee, those amendments if reported back to the House may also be
    considered en bloc for a separate vote in the House on demand of any
    Member (Speaker O'Neill, Sept. 7, 1978, p. 28425). A Member may demand a
    separate vote in the House on an amendment to a committee amendment in
    the nature of a substitute adopted in the Committee of the Whole where
    the bill is being considered under a special rule permitting separate
    votes in the House on any of the amendments adopted in the Committee of
    the Whole to the bill or committee amendment (Sept. 30, 1971, p. 34337),
    but where a special rule ``self-executes'' an amendment as a
    modification of an amendment in the nature of a substitute to be
    considered as an original bill, that modification is not separately
    voted on upon demand in the House (Speaker Foley, Feb. 3, 1993, p.
    2043). A Member may withdraw a demand for a separate vote in the House
    on an amendment reported from the Committee before the Speaker's putting
    the question thereon, and unanimous consent is not required (May 28,
    1987, p. 14030). When demand is made for separate votes in the House on
    several amendments adopted in the Committee, the amendments are voted on
    in the House in the order in which they appear in the bill (July 24,
    1968, pp. 23093-95; May 28, 1987, p. 14030; June 11, 1997, p. 10654),
    except when amendments have been considered under a special rule
    prescribing the order for their consideration where the bill is
    considered as read, in which case they are voted on upon demand in the
    order in which considered in the Committee (Mar. 11, 1993, p. 4733; Mar.
    25, 1993, pp. 6358, 6359). For former automatic reconsideration in the
    House of amendments if the votes of Delegates and the Resident
    Commissioner were decisive, see Sec.  985, infra.
      Depending on the will of the House as expressed on the question of
    ordering the previous question (IV, 4895; V, 5794; VIII, 2419), when a
    bill is reported with amendments from the Committee of the Whole, it is
    in order to submit additional amendments after disposition of the
    Committee amendments (IV, 4872-4876). However, in modern practice the
    opportunity to submit amendments is normally foreclosed by the ordering
    of the previous question under a special rule. The fact that a
    proposition has been rejected by the Committee does not prevent it from
    being offered as an amendment when the subject comes up in the House
    (IV, 4878-4880; VIII, 2700). A substitute amendment may be offered to a
    bill reported from the Committee, and then the previous question may be
    ordered on the substitute, on all other amendments, and on the bill to
    final passage (V, 5472). An amendment in the nature of a substitute
    reported from the Committee is treated like any other amendment (V,
    5341), and if the House rejects the substitute the original bill without
    amendment is before the House (VIII, 2426).

    [[Page 166]]

      Where <> a series of bills are reported from Committee of the Whole, the
    House considers them in the order in which they are reported (IV, 4869,
    4870; VIII, 2417). A proposition reported for action has precedence over
    an independent resolution on the same subject offered by a Member from
    the floor (V, 6986), and where a bill and a resolution relating to an
    alleged breach of privilege were reported together the question was put
    first on the bill (V, 6986). A bill read in full and considered in the
    Committee (IV, 3409, 3410), or presumed to have been so read (IV, 4916),
    is not read in full again in the House when reported and acted on. The
    chair of the Committee of the Whole who reports a bill does not become
    entitled to prior recognition for debate in the House (II, 1453); but on
    an adverse report an opponent is recognized to offer a motion for
    disposition of the bill (IV, 4897; VIII, 2430), or for debate (VII,
    2629). The recommendation of the Committee being before the House, the
    motion to carry out the recommendation is usually considered as pending
    without being offered from the floor (IV, 4896), but when a bill was
    reported with a recommendation that it lie on the table, a question was
    raised as to whether or not this motion, which prevents debate, should
    be considered as pending (IV, 4897). The House considers an amendment
    reported from the Committee to the preamble of a Senate joint resolution
    following disposition of amendments to the text and pending third
    reading (May 25, 1993, pp. 11036, 11037).
      A <> motion
    to discharge the Committee of the Whole from the consideration of a
    matter committed to it is not privileged as against a demand for the
    regular order (IV, 4917). When the Committee is discharged from
    consideration of a bill the House, in lieu of the report of the chair,
    accepts the minutes of the Clerk as evidence of amendments agreed to
    (IV, 4922).
    <>   In other things the rules or proceedings are to be the same
    as in the House. Scob., 39.

      The House provides by rule (clause 11 of rule XVIII) that the rules of
    proceeding in the House shall apply in Committee of the Whole so far as
    they may be applicable.

                       sec. xiii--examination of witnesses

      Common <> fame is a good ground for the House to proceed by
    inquiry, and even to accusation. Resolution House of Commons, 1 Car., 1,
    1625; Rush, L. Parl., 115; Grey, 16-22, 92; 8 Grey, 21, 23, 27, 45.

    [[Page 167]]

      In the House common fame has been held sufficient to justify procedure
    for inquiry (III, 2701), as in a case wherein it was stated on the
    authority of common rumor that a Member had been menaced (III, 2678).
    The House also has voted to investigate with a view to impeachment on
    the basis of common fame, as in the cases of Judges Chase (III, 2342),
    Humphreys (III, 2385), and Durell (III, 2506).

    <>
    Witnesses are not to be produced but where the House has previously
    instituted an inquiry, 2 Hats., 102, nor then are orders for their
    attendance given blank. 3 Grey, 51.

      In the House witnesses are summoned in pursuance and by virtue of the
    authority conferred on a committee by the House to send for persons and
    papers (III, 1750). Even in cases wherein the rules give to certain
    committees the authority to investigate without securing special
    permission, authority must be obtained before the production of
    testimony may be compelled (IV, 4316). Subpoenas issued by order of the
    House are signed by the Speaker (clause 4 of rule I) and attested and
    sealed by the Clerk (clause 2 of rule II). In clause 2(m) of rule XI the
    House has authorized any committee or subcommittee to issue a subpoena
    when authorized by a majority of the members of the committee or
    subcommittee voting, a majority being present. A committee may also
    delegate the authority to issue subpoenas to the chair of a full
    committee. Authorized subpoenas are signed by the chair of the committee
    or by any other member designated by the committee. Sometimes the House
    authorizes issue of subpoenas during a recess of Congress and empowers
    the Speaker to sign them (III, 1806), and in one case the two Houses, by
    concurrent resolution, empowered the Vice President and Speaker to sign
    during a recess (III, 1763). See McGrain v. Daugherty, 273 U.S. 135
    (1927); Barry v. U.S. ex rel. Cunningham, 279 U.S. 597 (1929); Sinclair
    v. United States, 279 U.S. 263 (1929). Under section 2954 of title 5,
    United States Code, an executive agency, if so requested by the
    Committee on Government Operations (now Oversight and Government
    Reform), or any seven members thereof, shall submit any information
    requested of it relating to any matter within the jurisdiction of the
    committee.

      When <> any person is examined before a committee or at the bar of
    the House, any Member wishing to ask the person a question must address
    it to the Speaker or chairman, who repeats the question to the person,
    or says to him, ``You hear the

    [[Page 168]]

    question--answer it.'' But if the propriety of the question be objected
    to, the Speaker directs the witness, counsel, and parties to withdraw;
    for no question can be moved or put or debated while they are there. 2
    Hats., 108. Sometimes the questions are previously settled in writing
    before the witness enters. Ib., 106, 107; 8 Grey, 64. The questions
    asked must be entered in the Journal. 3 Grey, 81. But the testimony
    given in answer before the House is never written down; but before a
    committee, it must be, for the information of the House, who are not
    present to hear it. 7 Grey, 52, 334.

      The Committee of the Whole of the House was charged with an
    investigation in 1792, but the procedure was wholly exceptional (III,
    1804), although a statute still empowers the chair of the Committee of
    the Whole, as well as the Speaker, chairs of select or standing
    committees, and Members to administer oaths to witnesses (2 U.S.C. 191;
    III, 1769). Most inquiries, in the modern practice, are conducted by
    select or standing committees, and these in each case determine how they
    will conduct examinations (III, 1773, 1775). Clause 2(k) of rule XI,
    contains provisions governing certain procedures at hearings by
    committees (Sec. 803, infra). In one case a committee permitted a Member
    of the House not of the committee to examine a witness (III, 2403) and
    the modern practice is to allow non-committee members to participate by
    unanimous consent. Usually these investigations are reported
    stenographically, thus making the questions and answers of record for
    report to the House. To sustain a conviction of perjury, a quorum of a
    committee must be in attendance when the testimony is given. Christoffel
    v. United States, 338 U.S. 84 (1949). Certain criminal statutes make it
    a felony to give perjurious testimony before a congressional committee
    (18 U.S.C. 1621), to intimidate witnesses before committees (18 U.S.C.
    1505), or to make false statements in any matter within the jurisdiction
    of the executive, legislative, or judicial branch of the Government of
    the United States (18 U.S.C. 1001).
      Another provision of the Federal criminal code (18 U.S.C. 6005)
    provides for ``use'' immunity for certain witnesses before either House
    or committees thereof.

    [[Page 169]]

      The <> House, in its earlier years, arraigned and tried
    at its bar persons, not Members, charged with violation of its
    privileges, as in the cases of Randall, Whitney (II, 1599-1603),
    Anderson (II, 1606), and Houston (II, 1616); but in the case of Woods,
    charged with breach of privilege in 1870 (II, 1626-1628), the respondent
    was arraigned before the House, but was heard in his defense by counsel
    and witnesses before a standing committee. At the conclusion of that
    investigation the respondent was brought to the bar of the House while
    the House voted his punishment (II, 1628). The House also has arraigned
    at its bar contumacious witnesses before taking steps to punish by its
    own action or through the courts (III, 1685). In examinations at its bar
    the House has adopted forms of procedure as to questions (II, 1633; III,
    1768), providing that they be asked through the Speaker (II, 1602, 1606)
    or by a committee (II, 1617; III, 1668). And the questions to be asked
    have been drawn up by a committee, even when put by the Speaker (II,
    1633). In the earlier practice the answer of a witness at the bar was
    not written down (IV, 2874); but in the later practice the answers
    appear in the journal (III, 1668). The person at the bar withdraws while
    the House passes on an incidental question (II, 1633; III, 1768). See
    McGrain v. Dougherty, 273 U.S. 135 (1927); Barry v. U.S. ex rel.
    Cunningham, 279 U.S. 597 (1929); Jurney v. MacCracken, 294 U.S. 125
    (1935).

      If <> either House have occasion for the presence of a
    person in custody of the other, they ask the other their leave that he
    may be brought up to them in custody. 3 Hats., 52.
      A <> Member, in his place,
    gives information to the House of what he knows of any matter under
    hearing at the bar. Jour. H. of C., Jan. 22, 1744-5.

      At an examination at the bar of the House in 1795 both the written
    information given by Members and their verbal testimony were required to
    be under oath (II, 1602). In a case not of actual examination at the
    bar, but wherein the House was deliberating on a proposition to order
    investigation, it demanded by resolution that certain Members produce
    papers and information (III, 1726, 1811). Members often give testimony
    before committees of investigation, and in at least one case the Speaker
    has thus appeared (III, 1776). But in a case wherein a committee
    summoned a Member to testify as to a statement made by him in debate he
    protested that it was an invasion of his constitutional privilege (III,
    1777, 1778; see also H. Rept. 67-1372, and Jan. 25, 1923, pp. 2415-23).
    In one

    [[Page 170]]

    instance the chair of an investigating committee administered the oath
    to himself and testified (III, 1821). The House, in an inquiry
    preliminary to an impeachment trial, gave leave to its managers to
    examine Members, and leave to its Members to attend for the purpose
    (III, 2033).

      Either <> House may request, but not command, the attendance of
    a Member of the other. They are to make the request by message of the
    other House, and to express clearly the purpose of attendance, that no
    improper subject of examination may be tendered to him. The House then
    gives leave to the Member to attend, if he choose it; waiting first to
    know from the Member himself whether he chooses to attend, till which
    they do not take the message into consideration. But when the peers are
    sitting as a court of criminal judicature, they may order attendance,
    unless where it be a case of impeachment by the Commons. There it is to
    be a request. 3 Hats., 17; 9 Grey, 306, 406; 10 Grey, 133.

      The House and the Senate have observed this rule; but it does not
    appear that they have always made public ascertainment of the
    willingness of the Member to attend (III, 1790, 1791). In one case the
    Senate laid aside pending business in order to comply with the request
    of the House (III, 1791). In several instances House committees, after
    their invitations to Senators to appear and testify had been
    disregarded, have issued subpoenas. In such cases the Senators have
    either disregarded the subpoenas, refused to obey them, or have appeared
    under protest (III, 1792, 1793). In one case, after a Senator had
    neglected to respond either to an invitation or a subpoena the House
    requested of the Senate his attendance and the Senate disregarded the
    request (III, 1794). Where Senators have responded to invitations of
    House committees, their testimony has been taken without obtaining
    consent of the Senate (III, 1793, 1795, footnote).

      Counsel <> are to be heard only
    on private, not on public, bills and on such points of law only as the
    House shall direct. 10 Grey, 61.

    [[Page 171]]

      In 1804 the House admitted the counsel of certain corporations to
    address the House on pending matters of legislation (V, 7298), and in
    1806 voted that a claimant might be heard at the bar (V, 7299); but in
    1808, after consideration, the House by a large majority declined to
    follow again the precedent of 1804 (V, 7300). In early years counsel in
    election cases were heard at the bar at the discretion of the House (I,
    657, 709, 757, 765); but in 1836, after full discussion, the practice
    was abandoned (I, 660), and, with one exception in 1841 (I, 659), has
    not been revived, even for the case of a contestant who could not speak
    the English language (I, 661). Counsel appear before committees in
    election cases, however. Where witnesses and others have been arraigned
    at the bar of the House for contempt, the House has usually permitted
    counsel (II, 1601, 1616; III, 1667), sometimes under conditions (II,
    1604, 1616); but in a few cases has declined the request (II, 1608; III,
    1666, footnote). In investigations before committees counsel usually
    have been admitted (III, 1741, 1846, 1847), sometimes even to assist a
    witness (III, 1772), and clause 2(k)(3) of rule XI now provides that
    witnesses at hearings may be accompanied by their own counsel for the
    purpose of advising them concerning their constitutional rights
    (Sec. 803, infra). In examinations preliminary to impeachment counsel
    usually have been admitted (III, 1736, 2470, 2516) unless in cases
    wherein such proceedings were ex parte. During impeachment
    investigations against President Nixon and President Clinton, the
    Committee on the Judiciary admitted counsel to the President to be
    present, to make presentations and to examine witnesses during
    investigatory hearings (H. Rept. 93-1305, Aug. 20, 1974, p. 29219; H.
    Rept. 105-830, Dec. 16, 1998, p. 27819).
      At one time the House required all counsel or agents representing
    persons or corporations before committees to be registered with the
    Clerk (III, 1771). The Lobbying Disclosure Act of 1995 requires all
    lobbyists to register with the Clerk of the House and the Secretary of
    the Senate (2 U.S.C. 1603).

                        sec. xiv--arrangement of business

      The <> Speaker is
    not precisely bound to any rules as to what bills or other matter shall
    be first taken up; but it is left to his own discretion, unless the
    House on a question decide to take up a particular subject. Hakew., 136.
      A settled order of business is, however, necessary for the government
    of the presiding person, and to restrain individual Members from calling
    up favorite measures, or matters under

    [[Page 172]]

    their special patronage, out of their just turn. It is useful also for
    directing the discretion of the House, when they are moved to take up a
    particular matter, to the prejudice of others, having priority of right
    to their attention in the general order of business.
    * * * * *
      In this way we do not waste our time in debating what shall be taken
    up. We do one thing at a time; follow up a subject while it is fresh,
    and till it is done with; clear the House of business gradatim as it is
    brought on, and prevent, to a certain degree, its immense accumulation
    toward the close of the session.

      Jefferson gave as a part of his comment on the law of Parliament the
    order of business in the Senate in his time. Both in the House and
    Senate the order of business has been changed to meet the needs of the
    times. The order of business now followed in the House is established by
    rule XIV; and this rule, with the rules supplemental thereto, take away
    to a very large extent the discretion exercised by the Speaker under the
    parliamentary law.
      In the House before committees are appointed it is in order to offer a
    bill or resolution for consideration not previously considered by a
    committee (VII, 2103). In the 73d Congress, the House passed before the
    adoption of rules and election of committees a bill of major importance
    (providing relief in the existing national emergency in banking),
    following a message from the President recommending its immediate
    passage (Mar. 9, 1933, pp. 75-84).

      Arrangement, <> however, can only take hold of matters in
    possession of the House. New matter may be moved at any time when no
    question is before the House. Such are original motions and reports on
    bills. Such are bills from the other House, which are received at all
    times, and receive their first reading as soon as the question then
    before the

    [[Page 173]]

    House is disposed of; and bills brought in on leave, which are read
    first whenever presented. So messages from the other House respecting
    amendments to bills are taken up as soon as the House is clear of a
    question, unless they require to be printed, for better consideration.
    Orders of the day may be called for, even when another question is
    before the House.

      In Jefferson's time the principles of this comment would have applied
    to both House and Senate; but in the House the order of business may be
    interrupted at the will of the majority only by certain specified
    matters (see annotations following rule XIV). For matters not thus
    specified, interruption of the order takes place only by unanimous
    consent. For a discussion of the Speaker's policy of conferring
    recognition for such unanimous-consent requests, see Sec. 956, infra.

                                 sec. xv--order

    * * * * *
      In <> Parliament, ``instances make order,'' per Speaker Onslow. 2
    Hats., 141. But what is done only by one Parliament, cannot be called
    custom of Parliament, by Prynne. 1 Grey, 52.

      In the House the Clerk is required to note all questions of order and
    the decisions thereon and print the record thereof as an appendix to the
    Journal (clause 2 of rule II). The Parliamentarian has the
    responsibility for compiling and updating the precedents (2 U.S.C. 28).
    The Committee Reform Amendments of 1974 gave the Speaker the
    responsibility to prepare an updated compilation of such precedents
    every two years (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The
    Speaker feels constrained in rulings to give precedent its proper
    influence (II, 1317), because the advantage of such a course is
    undeniable (IV, 4045). But decisions of the Speakers on questions of
    order are not like judgments of courts that conclude the rights of
    parties, but may be reexamined and reversed (IV, 4637), except on
    discretionary matters of recognition (II, 1425). It is rare, however,
    that such a reversal occurs.

    [[Page 174]]

                        sec. xvi--order respecting papers

      The <> Clerk is to let no journals, records, accounts, or papers be
    taken from the table or out of his custody. 2 Hats., 193, 194.
      Mr. Prynne, having at a Committee of the Whole amended a mistake in a
    bill without order or knowledge of the committee, was reprimanded. 1
    Chand., 77.
      A bill being missing, the House resolved that a protestation should be
    made and subscribed by the members ``before Almighty God, and this
    honorable House, that neither myself, nor any other to my knowledge,
    have taken away, or do at this present conceal a bill entitled,'' &c. 5
    Grey, 202.
      After a bill is engrossed, it is put into the Speaker's hands, and he
    is not to let any one have it to look into. Town, col. 209.

      In the House an alleged improper alteration of a bill was presented as
    a question of privilege and examined by a select committee. It being
    ascertained that the alteration was made to correct a clerical error,
    the committee reported that it was ``highly censurable in any Member or
    officer of the House to make any change, even the most unimportant, in
    any bill or resolution which has received the sanction of this body''
    (III, 2598). Alleged abuse of power in the processing and enrollment of
    bills has formed the basis of questions of privilege (Feb. 16, 2006, p.
    1948; May 22, 2008, p. 10522). Although engrossing papers must be at the
    desk, additional copies of a pending measure are not required (June 26,
    2009, pp. 16698-700). The Clerk signs engrossments; the Speaker signs
    enrollments (1 U.S.C. 106).

                           sec. xvii--order in debate

    <>
    When the Speaker is seated in his chair, every member is to sit in his
    place. Scob., 6; Grey, 403.

    [[Page 175]]

      In the House the decorum of Members is regulated by rule XVII; and
    this provision of the parliamentary law is practically obsolete.

      When <> any Member means to speak, he is to stand up in his
    place, uncovered, and to address himself, not to the House, or any
    particular Member, but to the Speaker, who calls him by his name, that
    the House may take notice who it is that speaks. Scob., 6; D'Ewes, 487,
    col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But Members who are
    indisposed may be indulged to speak sitting. 2 Hats., 75, 77; 1 Grey,
    143.

      This provision has been superseded by clause 1 of rule XVII. The
    Speaker, moreover, calls the Member, not by name, but as ``the gentleman
    or gentlewoman from __,'' (naming the State). As long ago as 1832, at
    least, a Member was not required to rise from his own particular seat
    because seats are no longer assigned (V, 4979, footnote).

    <>   When a Member stands up to
    speak, no question is to be put, but he is to be heard unless the House
    overrule him. 4 Grey, 390; 5 Grey, 6, 143.

      Except as provided in clause 4 of rule XVII, no question is put as to
    the right of a Member to the floor.

      If <> two or more rise to speak nearly together, the Speaker
    determines who was first up, and calls him by name, whereupon he
    proceeds, unless he voluntarily sits down and gives way to the other.
    But sometimes the House does not acquiesce in the Speaker's decision, in
    which case the question is put, ``which Member was first up?'' 2 Hats.,
    76; Scob., 7; D'Ewes, 434, col. 1, 2.

    [[Page 176]]

      In the Senate of the United States the President's decision is without
    appeal.

      In the House recognition by the Chair is governed by clause 2 of rule
    XVII and the practice thereunder. There has been no appeal from a
    decision by the Speaker on a question of recognition since 1881, on
    which occasion Speaker Randall stated that the power of recognition is
    ``just as absolute in the Chair as the judgment of the Supreme Court of
    the United States is absolute as to the interpretation of the law'' (II,
    1425-1428), and in the later practice no appeal is permitted (VIII,
    2429, 2646, 2762).

      No <> man may speak more than once on the same bill on the same day;
    or even on another day, if the debate be adjourned. But if it be read
    more than once in the same day, he may speak once at every reading. Co.,
    12, 115; Hakew., 148; Scob., 58; 2 Hats., 75. Even a change of opinion
    does not give a right to be heard a second time. Smyth's Comw. L., 2, c.
    3; Arcan, Parl., 17.
      But he may be permitted to speak again to clear a matter of fact, 3
    Grey, 357, 416; or merely to explain himself, 2 Hats., 73, in some
    material part of his speech, Ib., 75; or to the manner or words of the
    question, keeping himself to that only, and not traveling into the
    merits of it, Memorials in Hakew., 29; or to the orders of the House, if
    they be transgressed, keeping within that line, and not falling into the
    matter itself. Mem. Hakew., 30, 31.

      The House has modified the parliamentary law as to a Member's right to
    speak a second time by clause 3 of rule XVII and by permitting a Member
    controlling time in debate to yield to another more than once (Apr. 5,
    2000, p. 4497; Oct. 18, 2007, p. 27575). In ordinary practice rule XVII
    is not rigidly enforced, and Members find little difficulty in making
    such explanations as are contemplated by the parliamentary law.

    [[Page 177]]

      But <> if the
    Speaker rise to speak, the Member standing up ought to sit down, that he
    may be first heard. Town., col. 205; Hale Parl., 133; Mem. in Hakew.,
    30, 31. Nevertheless, though the Speaker may of right speak to matters
    of order, and be first heard, he is restrained from speaking on any
    other subject, except where the House have occasion for facts within his
    knowledge; then he may, with their leave, state the matter of fact. 3
    Grey, 38.

      This provision is usually observed in the practice of the House only
    with regard to the conduct of the Speaker when in the chair. In several
    instances the Speaker has been permitted by the House to make a
    statement from the chair, as in a case wherein his past conduct had been
    criticized (II, 1369), in a case wherein there had been unusual
    occurrences in the joint session to count the electoral vote (II, 1372),
    and in a matter relating to a contest for the seat of the Speaker as a
    Member (II, 1360). In rare instances the Speaker has made brief
    explanations from the chair without asking the assent of the House (II,
    1373, 1374). Speakers have called others to the chair and participated
    in debate, usually without asking consent of the House (II, 1360, 1367,
    footnote, 1368, 1371; III, 1950), and in one case a Speaker on the floor
    debated a point of order that the Speaker pro tempore was to decide (V,
    6097). In rare instances Speakers have left the chair to make motions on
    the floor (II, 1367, footnote). Speakers may participate in debate in
    Committee of the Whole, although the privilege was rarely exercised in
    early practice (II, 1367, footnote).

      No <> one is to speak impertinently or beside the question,
    superfluous, or tediously. Scob., 31, 33; 2 Hats., 166, 168; Hale Parl.,
    133.

      The House, by clause 1 of rule XVII, provides that remarks must be
    confined to the question under debate, but neither by rule nor practice
    has the House suppressed superfluous or tedious speaking, its hour rule
    (clause 2 of rule XVII) being a sufficient safeguard in this respect.

    [[Page 178]]

      No <> person is to
    use indecent language against the proceedings of the House; no prior
    determination of which is to be reflected on by any Member, unless he
    means to conclude with a motion to rescind it. 2 Hats., 169, 170;
    Rushw., p. 3, v. 1, fol. 42. But while a proposition under consideration
    is still in fieri, though it has even been reported by a committee,
    reflections on it are no reflections on the House. 9 Grey, 508.

      In the practice of the House it has been held out of order in debate
    to cast reflections on either the House or its membership or its
    decisions, whether present or past (V, 5132-5138). A Member who had used
    offensive words against the character of the House, and who declined to
    explain, was censured (II, 1247). Words impeaching the loyalty of a
    portion of the membership have also been ruled out (V, 5139). Where a
    Member reiterated on the floor certain published charges against the
    House, action was taken, although other business had intervened, the
    question being considered one of privilege (III, 2637). It has been held
    inappropriate and not in order in debate to refer to the proceedings of
    a committee except such as have been formally reported to the House (V,
    5080-5083; VIII, 2269, 2485-2493; June 24, 1958, pp. 12120, 12122), but
    this rule does not apply to the proceedings of a committee of a previous
    Congress (Feb. 2, 1914, p. 2782), and the rationale for this limitation
    on debate is in part obsolete under the modern practice of the House
    insofar as the doctrine is applied to open committee meetings and
    hearings.

      No <> person, in
    speaking, is to mention a Member then present by his name, but to
    describe him by his seat in the House, or who spoke last, or on the
    other side of the question, &c., Mem. in Hakew., 3; Smyth's Comw., L. 2,
    c. 3; nor to digress from the matter to fall upon the person, Scob., 31;
    Hale Parl., 133; 2 Hats., 166, by speaking reviling, nipping, or
    unmannerly words against a particular Member. Smyth's Comw., L. 2, c. 3.
    * * *

    [[Page 179]]

      In the practice of the House, a Member is not permitted to refer to
    another Member by name (V, 5144; VIII, 2526, 2529, 2536), or to address
    a Member in the second person (V, 5140-5143; VI, 600; VIII, 2529;
    Speaker Boehner, Jan. 23, 2012, p. _; Speaker Boehner, Feb. 26, 2013, p.
    _; Speaker Boehner, Mar. 25, 2014, p. _; Speaker Boehner, Feb. 25, 2015,
    p. _). The proper reference to another Member is ``the gentleman or
    gentlewoman from __,'' (naming the Member's State) (June 14, 1978, p.
    17615; July 21, 1982, p. 17314). A mere reference to a Member's voting
    record does not form a basis for a point of order against those remarks
    (June 13, 2002, p. 10226, p. 10232).
      By rule of the House (clause 1 of rule XVII), as well as by
    parliamentary law, personalities are forbidden (V, 4979, 5145, 5163,
    5169), whether against the Member in the Member's capacity as
    Representative or otherwise (V, 5152, 5153), even if the references may
    be relevant to the pending question (Sept. 28, 1996, p. 25778). The
    House has censured a Member for gross personalities (II, 1251). The
    Chair may intervene to prevent improper references if it is evident that
    a particular Member is being described (Nov. 3, 1989, p. 27077).
      The Chair does not rule on the veracity of a statement made by a
    Member in debate (Apr. 9, 1997, p. 4926; Sept. 26, 2008, p. 22085).
    Although accusing another Member of deceit engages in personality,
    merely accusing another Member of making a mistake does not (V, 5157;
    Oct. 26, 2000, p. 24921).
      Clause 1 of rule XVII has been held to proscribe: (1) referring to an
    identifiable group of sitting Members as having committed a crime (e.g.,
    stealing an election or obstructing justice) (Feb. 27, 1985, p. 3898;
    Speaker Wright, Mar. 21, 1989, p. 5016; May 19, 1998, p. 9738; July 15,
    2004, p. 15859); (2) referring in a personally critical manner to the
    political tactics of the Speaker or other Members (June 25, 1981, p.
    14056); (3) referring to a particular Member of the House in a
    derogatory fashion (Nov. 3, 1989, p. 27077); (4) characterizing a Member
    as ``the most impolite Member'' (June 27, 1996, p. 15915) or ``mean-
    spirited'' (May 13, 1992, p. 11235); (5) questioning the integrity of a
    Member (July 25, 1996, p. 19170); (6) denunciating the spirit in which a
    Member had spoken (V, 6981); (7) using a Member's surname as though an
    adjective for a word of ridicule (June 13, 2002, p. 10232; May 13, 2008,
    p. 8923); (8) questioning the decency of another Member (Mar. 21, 2007,
    p. 7074); (9) labeling the remarks of a Member ``hypocritical and
    dishonest'' (Mar. 7, 2012, p. _).
      A distinction has been drawn between general language, which
    characterizes a measure or the political motivations behind a measure,
    and personalities (V, 5153, 5163, 5169). Although remarks in debate may
    not include personal attacks against a Member or an identifiable group
    of Members, they may address political motivations for legislative
    positions (Jan. 24, 1995, p. 2214; Mar. 8, 1995, pp. 7307, 7308; Nov.
    17, 1995, p. 33832; June 13, 1996, p. 14043; July 16, 2008, p. 15273).
    For example, references to ``down-in-the-dirt gutter politics'' and
    ``you people are going to pay'' were

    [[Page 180]]

    held not to be personal references (Nov. 14, 1995, p. 32388). Similarly,
    characterizing a pending measure as a ``patently petty political
    terrorist tactic'' was held in order as a reference to the pending
    measure rather than to the motive or character of the measure's
    proponent (Nov. 9, 1995, p. 31413). The Chair also has held in order a
    general reference that ``big donors'' receive ``access to leadership
    power and decisions'' because the reference did not identify a specific
    Member as engaging in an improper quid pro quo (Apr. 9, 1997, p. 4926).
    A general statement seeming to invoke racial stereotypes but not in a
    context so inflammatory as to constitute a breach of decorum, was held
    not unparliamentary (Apr. 9, 2003, p. 9005 (sustained by tabling of
    appeal)). Likewise, a general statement linking politics with armed
    conflict in an impersonal way was held not to breach decorum (Oct. 18,
    2007, p. 27578).
      A Member may not read in debate extraneous material critical of
    another Member that would be improper if spoken in the Member's own
    words (May 25, 1995, pp. 14436, 14437; Sept. 12, 1996, p. 22898). Thus,
    words in a telegram read in debate that repudiated the ``lies and half-
    truths'' of a House committee report were ruled out of order as
    reflecting on the integrity of committee members (June 16, 1947, p.
    7065), and unparliamentary references in debate to newspaper accounts
    used in support of a Member's personal criticism of another Member were
    similarly ruled out of order (Feb. 25, 1985, p. 3346).
      A Member should refrain from references in debate to the official
    conduct of a Member if such conduct is not the subject then pending
    before the House by way of either a report of the Committee on Ethics or
    another question of the privileges of the House (see, e.g., July 24,
    1990, p. 18917; Mar. 19, 1992, p. 6078; May 25, 1995, pp. 14434-37;
    Sept. 19, 1995, pp. 25454, 25455; Apr. 27, 2005, p. 8049); and, although
    such references are ordinarily enforced by the Chair in response to a
    point of order, the Chair may take the initiative in order to maintain
    proper decorum (Apr. 1, 1992, p. 7899; June 17, 2004, p. 12748). This
    stricture also precludes a Member from reciting news articles discussing
    a Member's conduct (Sept. 24, 1996, p. 24318), reciting the content of a
    previously tabled resolution raising a question of the privileges of the
    House (Nov. 17, 1995, p. 33853; Sept. 19, 1996, p. 23855), or even
    referring to a Member's conduct by mere insinuation (Sept. 12, 1996, p.
    22899). Notice of an intention to offer a resolution as a question of
    the privileges of the House under rule IX does not render a resolution
    ``pending'' and thereby permit references to conduct of a Member
    proposed to be addressed therein (Sept. 19, 1996, p. 23811).
      The stricture against references to a Member's conduct not then
    pending before the House applies to the conduct of all sitting Members
    (Apr. 1, 1992, p. 7899), including conduct that has previously been
    resolved by the Committee on Ethics or the House (Sept. 24, 1996, pp.
    24483, 24485; Apr. 17, 1997, p. 5831). This stricture does not apply to
    the conduct of a former Member, provided the reference is not made in an
    attempt to compare the conduct of a former Member with the conduct of a
    sitting

    [[Page 181]]

    Member (Sept. 20, 1995, pp. 25825, 25826; Sept. 12, 1996, pp. 22900,
    22901).
      Debate on a pending privileged resolution recommending disciplinary
    action against a Member may necessarily involve personalities. However,
    clause 1 of rule XVII still prohibits the use of language that is
    personally abusive (see, e.g., July 31, 1979, p. 21584; Jan. 21, 1997,
    p. 393) and the Chair may take the initiative to prevent violations of
    the rule (July 24, 2002, p. 14300). Furthermore, during the actual
    pendency of such a resolution, a Member may discuss a prior case
    reported to the House by the Committee on Ethics for the purpose of
    comparing the severity of the sanction recommended in that case with the
    severity of the sanction recommended in the pending case, provided that
    the Member does not identify, or discuss the details of the past conduct
    of, a sitting Member (Dec. 18, 1987, p. 36271).
      In addition to the prohibition against addressing a Member's conduct
    when it is not actually pending before the House, the Speaker has
    advised that Members should refrain from references in debate (1) to the
    motivations of a Member who filed a complaint before the Committee on
    Standards of Official Conduct (now Ethics) (June 15, 1988, p. 14623;
    July 6, 1988, p. 16630; Mar. 22, 1989, p. 5130; May 2, 1989, p. 7735;
    Nov. 3, 1989, p. 27077); (2) to personal criticism of a member of the
    committee (Apr. 1, 1992, p. 7899; Mar. 3, 1995, p. 6715; Sept. 19, 1996,
    p. 23812; Sept. 24, 1996, p. 24317); (3) to an investigation undertaken
    by the committee, including suggestion of a course of action (Mar. 3,
    1995, p. 6715; Sept. 24, 1996, p. 24317; Sept. 28, 1996, p. 25778) or
    advocacy of an interim status report by the committee (Sept. 12, 1996,
    p. 22900; Sept. 28, 1996, p. 25778).
      For precedents applicable to references in debate to the President,
    see Sec. 370, infra, or Members of the Senate, see Sec. 371, infra.
      Complaint <> of the conduct
    of the Speaker should be presented directly for the action of the House
    and not by way of debate on other matters (V, 5188). In a case wherein a
    Member used words insulting to the Speaker the House on a subsequent
    day, and after other business had intervened, censured the offender (II,
    1248). In such a case the Speaker would ordinarily leave the chair while
    action should be taken by the House (II, 1366; V, 5188; VI, 565). In the
    104th Congress the Chair reaffirmed that it is not in order to speak
    disrespectfully of the Speaker, and that under the precedents the
    sanctions for such violations transcend the ordinary requirements for
    timeliness of challenges (II, 1248; Jan. 4, 1995, p. 552; Jan. 19, 1995,
    p. 1599). It is not in order to arraign the personal conduct of the
    Speaker (Jan. 18, 1995, p. 1441; Jan. 19, 1995, p. 1601). For example,
    it is not in order to charge dishonesty or disregard of the rules (July
    11, 1985, p. 18550), to reflect on his patriotism by accusing him of
    ``kowtowing'' to persons who would desecrate the flag (June 20, 1990, p.
    14877), to refer to him as a ``crybaby'' (Nov. 16, 1995, p. 33394), or
    to refer to official conduct

    [[Page 182]]

    of the Speaker that has previously been resolved by the Committee on
    Standards of Official Conduct (now Ethics) or the House (Apr. 17, 1997,
    p. 5831). The Chair may take the initiative to admonish Members for
    references in debate that disparage the Speaker (June 25, 1981, p.
    14056; Mar. 22, 1996, p. 6077; May 13, 2008, p. 8923). Debate on a
    resolution authorizing the Speaker to entertain motions to suspend the
    rules may not engage in personality by discussing the official conduct
    of the Speaker, even if possibly relevant to the question of empowerment
    of the Speaker (Sept. 24, 1996, p. 24485).

      * * * <> The
    consequences of a measure may be reprobated in strong terms; but to
    arraign the motives of those who propose to advocate it is a
    personality, and against order. Qui digreditur a materia ad personam,
    Mr. Speaker ought to suppress. Ord. Com., 1604, Apr. 19.

      The arraignment of the motives of Members is not permitted (V, 5147-
    51; Dec. 13, 1973, p. 41270), and Speakers have intervened to prevent
    it, in the earlier practice preventing even mildest imputations (V,
    5161, 5162). However, remarks in debate may address political, but not
    personal, motivations for legislative positions (Jan. 24, 1995, p. 2214;
    Mar. 8, 1995, pp. 7307, 7308; Nov. 17, 1995, p. 33832; June 13, 1996, p.
    14043) or for committee membership (July 10, 1995, pp. 18257-59).
    Accusing another Member of hypocrisy has been held not in order (July
    24, 1979, p. 20380; Mar. 29, 1995, p. 9675; Mar. 7, 2012, p. _), and
    characterizing the motivation of a Member in offering an amendment as
    deceptive and hypocritical was ruled out of order (June 12, 1979, p.
    14461). A statement in debate that an amendment could only be demagogic
    or racist because only demagoguery or racism impelled such an amendment
    was ruled out of order as impugning the motives of the Member offering
    the amendment (Dec. 13, 1973, pp. 41270, 41271). However, debate
    characterizing a pending measure as a ``patently petty political
    terrorist tactic'' was held in order as directed at the pending measure
    rather than the motive or the character of its proponent (Nov. 9, 1995,
    p. 31913). Although in debate the assertion of one Member may be
    declared untrue by another, in so doing an intentional misrepresentation
    must not be implied (V, 5157-5160), and if stated or implied is
    censurable (II, 1305). A Member in debate having declared the words of
    another ``a base lie,'' censure was inflicted by the House on the
    offender (II, 1249).

    [[Page 183]]

      No <> one
    is to disturb another in his speech by hissing, coughing, spitting, 6
    Grey, 322; Scob., 8; D'Ewes, 332, col. 1, 640, col. 2, speaking or
    whispering to another, Scob., 6; D'Ewes, 487, col. 1; nor stand up to
    interrupt him, Town, col. 205; Mem. in Hakew., 31; nor to pass between
    the Speaker and the speaking Member, nor to go across the House, Scob.,
    6, or to walk up and down it, or to take books or papers from the table,
    or write there, 2 Hats., 171, p. 170.

      The House has, by clause 5 of rule XVII, prescribed certain rules of
    decorum differing somewhat from this provision of the parliamentary law,
    but supplemental to it rather than antagonistic. In one respect,
    however, the practice of the House differs from the apparent intent of
    the parliamentary law. In the House a Member may interrupt by addressing
    the Chair for permission of the Member speaking (V, 5006; VIII, 2465);
    but it is entirely within the discretion of the Member occupying the
    floor to determine when and by whom to be interrupted (V, 5007, 5008;
    VIII, 2463, 2465). There is no rule of the House requiring a Member
    having the floor to yield to another Member referred to during debate
    (Aug. 2, 1984, p. 22241). A Member may ask another to yield from any
    microphone in the Chamber, including those in the well, so long as not
    crossing between the Member having the floor and the Chair (June 5,
    1998, p. 11170). The Chair may take the initiative in preserving order
    when a Member declining to yield in debate continues to be interrupted
    by another Member, may order that the interrupting Member's remarks not
    appear in the Record (July 26, 1984, p. 21247), and may admonish Members
    not to converse with a Member attempting to address the House (Feb. 21,
    1984, p. 2758), because it is not in order to engage in disruption while
    another is delivering remarks in debate (June 27, 1996, p. 15915). On
    the opening day of the 103d Congress, during the customary announcement
    of policies with respect to particular aspects of the legislative
    process, the Chair elaborated on the rules of order in debate with a
    general statement concerning decorum in the House (Jan. 5, 1993, p.
    105). Under this provision, the Chair may require a line of Members
    waiting to sign a discharge petition to proceed to the rostrum from the
    far right-hand aisle and require the line not to stand between the Chair
    and Members engaging in debate (Oct. 24, 1997, p. 23293). Hissing and
    jeering is not proper decorum in the House (May 21, 1998, p. 10282). For
    further discussion of interruptions in debate, see Sec. 946, infra.

    [[Page 184]]

      Nevertheless, <> if a Member finds that it is not the inclination of
    the House to hear him, and that by conversation or any other noise they
    endeavor to drown his voice, it is his most prudent way to submit to the
    pleasure of the House, and sit down; for it scarcely ever happens that
    they are guilty of this piece of ill manners without sufficient reason,
    or inattention to a Member who says anything worth their hearing. 2
    Hats., 77, 78.

      In the House, where the previous question and hour rule of debate have
    been used for many years, the parliamentary method of suppressing a
    tedious Member has never been imported into the practice (V, 5445).

      If <> repeated calls do not produce order, the Speaker may call by
    his name any Member obstinately persisting in irregularity; whereupon
    the House may require the Member to withdraw. He is then to be heard in
    exculpation, and to withdraw. Then the Speaker states the offense
    committed; and the House considers the degree of punishment they will
    inflict. 2 Hats., 167, 7, 8, 172.

      This provision of parliamentary law should be in conjunction with
    clause 4 of rule XVII, Sec. Sec. 960-961, infra, particularly as this
    provision relates to the ultimate authority of the House to determine
    whether a Member ignoring repeated calls to order should be permitted to
    proceed in order.

      For <> instances of assaults and affrays in the House of Commons,
    and the proceedings thereon, see 1 Pet. Misc., 82; 3 Grey, 128; 4 Grey,
    328; 5 Grey, 382; 6 Grey, 254; 10 Grey, 8. Whenever warm words or an
    assault have passed between

    [[Page 185]]

    Members, the House, for the protection of their Members, requires them
    to declare in their places not to prosecute any quarrel, 3 Grey, 128,
    293; 5 Grey, 280; or orders them to attend the Speaker, who is to
    accommodate their differences, and report to the House, 3 Grey, 419; and
    they are put under restraint if they refuse, or until they do. 9 Grey,
    234, 312.

      In several instances assaults and affrays have occurred on the floor
    of the House. Sometimes the House has allowed these affairs to pass
    without notice, the Members concerned making apologies either personally
    or through other Members (II, 1658-1662). In other cases the House has
    exacted apologies (II, 1646-1651, 1657), or required the offending
    Members to pledge themselves before the House to keep the peace (II,
    1643). In case of an aggravated assault by one Member on another on the
    portico of the Capitol for words spoken in debate, the House censured
    the assailant and three other Members who had been present, armed, to
    prevent interference (II, 1655, 1656). Assaults or affrays in the
    Committee of the Whole are dealt with by the House (II, 1648-1651).

      Disorderly <> words are not to be noticed till the Member has
    finished his speech. 5 Grey, 356; 6 Grey, 60. Then the person objecting
    to them, and desiring them to be taken down by the Clerk at the table,
    must repeat them. The Speaker then may direct the Clerk to take them
    down in his minutes; but if he thinks them not disorderly, he delays the
    direction. If the call becomes pretty general, he orders the Clerk to
    take them down, as stated by the objecting Member. They are then a part
    of his minutes, and when read to the offending Member, he may deny they
    were his words, and the House must then decide by a question whether
    they are his words or not. Then the Member may justify them, or explain
    the sense

    [[Page 186]]

    in which he used them, or apologize. If the House is satisfied, no
    further proceeding is necessary. But if two Members still insist to take
    the sense of the House, the Member must withdraw before that question is
    stated, and then the sense of the House is to be taken. 2 Hats., 199; 4
    Grey, 170; 6 Grey, 59. When any Member has spoken, or other business
    intervened, after offensive words spoken, they can not be taken notice
    of for censure. And this is for the common security of all, and to
    prevent mistakes which must happen if words are not taken down
    immediately. Formerly they might be taken down at any time the same day.
    2 Hats., 196; Mem. in Hakew., 71; 3 Grey, 48; 9 Grey, 514.

      The House has, by clause 4 of rule XVII, provided a method of
    procedure in cases of disorderly words. The House permits and requires
    them to be noticed as soon as uttered, and has not insisted that the
    offending Member withdraw while the House is deciding as to its course
    of action.

      Disorderly <> words spoken in a committee must be
    written down as in the House; but the committee can only report them to
    the House for animadversion. 6 Grey, 46.

      This provision of the parliamentary law has been applied to the
    Committee of the Whole, rather than to select or standing committees,
    which are separately empowered to enforce rules of decorum (clause 1(a)
    of rule XI, which incorporates the provisions of rule XVII where
    applicable). The House has censured a Member for disorderly words spoken
    in Committee of the Whole and reported therefrom (II, 1259).

      In <> Parliament, to speak irreverently or seditiously against
    the King is against order. Smyth's Comw., L. 2, c. 3; 2 Hats., 170.

    [[Page 187]]

      This provision of the parliamentary law is manifestly inapplicable to
    the House (V, 5086); and it has been held in order in debate to refer to
    the President of the United States or his opinions, either with approval
    or criticism, provided that such reference be relevant to the subject
    under discussion and otherwise conformable to the Rules of the House (V,
    5087-5091; VIII, 2500). Under this standard the following references are
    in order: (1) a reference to the probable action of the President (V,
    5092); (2) an adjuration to the President to keep his word (although an
    improper form of address) (Dec. 19, 1995, p. 37601); (3) an accusation
    that the President ``frivolously vetoed'' a bill (Nov. 8, 1995, p.
    31785).
      Although wide latitude is permitted in debate on a proposition to
    impeach the President (V, 5093), Members must abstain from language
    personally offensive (V, 5094; Dec. 18, 1998, p. 27829); and Members
    must abstain from comparisons to the personal conduct of sitting Members
    of the House or Senate (Dec. 18, 1998, p. 27829). Furthermore, when
    impeachment is not the pending business on the floor, Members may not
    refer to evidence of alleged impeachable offenses by the President
    contained in a communication from an independent counsel pending before
    a House committee (Sept. 14, 1998, p. 20171; Sept. 17, 1998, p. 20758),
    although they may refer to the communication, itself, within the
    confines of proper decorum in debate (Oct. 6, 1998, p. 23841).
      Personal abuse, innuendo, or ridicule of the President is not
    permitted (VIII, 2497; Aug. 12, 1986, p. 21078; Oct. 21, 1987, p. 28857;
    Sept. 21, 1994, p. 25147; Sept. 7, 2006, pp. 17381, 17382). Under this
    standard it is not in order to call the President, or a presumptive
    major-party nominee for President, a ``liar'' or accuse such person of
    ``lying'' (June 26, 1985, p. 17394; Sept. 24, 1992, pp. 27345, 27346;
    Nov. 15, 1995, p. 32587; June 6, 1996, pp. 13228, 13229; Mar. 18, 1998,
    p. 3937; Nov. 14, 2002, p. 22370; July 15, 2003, pp. 18172, 18173; Mar.
    24, 2004, pp. 5115, 5116; Oct. 3, 2013, p. _; Oct. 5, 2013, p. _).
    Indeed, any suggestion of mendacity is out of order. For example, the
    following remarks have been held out of order: (1) suggesting that the
    President misrepresented the truth, attempted to obstruct justice, and
    encouraged others to perjure themselves (Feb. 25, 1998, p. 2621); (2)
    accusing him of dishonesty (July 13, 2004, p. 15275; June 29, 2005, p.
    14770; June 3, 2013, p. _) or of failing to be honest (Apr. 14, 2011, p.
    6198), accusing him of making a ``dishonest argument'' (Sept. 12, 2006,
    p. 17851), charging him with intent to be intellectually dishonest (May
    9, 1990, p. 9828), or stating that many were convinced he had ``not been
    honest'' (Mar. 5, 1998, p. 2620); (3) accusing him of ``raping'' the
    truth (Apr. 24, 1996, p. 8807), not telling the truth (Oct. 29, 2003, p.
    26363), or distorting the truth (Sept. 9, 2003, pp. 21570-73); (4)
    stating that he was not being ``straight with us'' (Nov. 19, 2003, p.
    29811; July 10, 2012, p. _) or that he ``spoke out of the other side of
    his mouth'' (Jan. 31, 2012, p. _); (5) accusing him of ``deceit'' (Nov.
    17, 2014, p. _), being deceptive (Mar. 29, 2004, pp. 5523, 5524; Feb. 1,
    2006, p. 647; Nov. 18, 2013, p. _), or using ``deceptive rhetoric''
    (Oct. 17, 2007,

    [[Page 188]]

    pp. 27534, 27538), fabricating an issue (July 6, 2004, pp. 14313,
    14314), or intending to mislead (Oct. 6, 2004, p. 21053; July 12, 2007,
    p. 18827; Mar. 22, 2012, p. _; Nov. 14, 2013, p. _); (6) accusing him of
    intentional mischaracterization, although mischaracterization without
    intent to deceive is not necessarily out of order (July 19, 2005, p.
    16525).
      Furthermore, the following remarks have been held out of order as
    unparliamentary references to the President, or to a presumptive major-
    party nominee for President: (1) attributing to him ``hypocrisy'' (Sept.
    25, 1992, p. 27674; Apr. 26, 2006, p. 6129; Oct. 13, 2011, p. _; Mar. 5,
    2013, p. _); (2) accusing him of giving ``aid and comfort to the enemy''
    (Jan. 25, 1995, p. 2352; May 6, 2004, pp. 8601, 8602); (3) accusing him
    of ``demagoguery'' (Jan. 23, 1996, p. 1144; Jan. 24, 1996, pp. 1220,
    1221; May 30, 1996, pp. 12646, 12647); (4) calling him a ``draft-
    dodger'' (Apr. 24, 1996, pp. 8807, 8808; Sept. 30, 1996, p. 26603) or
    alleging unexcused absences from military service (May 5, 2004, pp.
    8417, 8418), including allegations that the President was ``A.W.O.L.''
    (Sept. 22, 2004, p. 18953); (5) describing his action as ``cowardly''
    (Oct. 25, 1989, p. 25817); (6) referring to him as ``a little bugger''
    (Nov. 18, 1995, p. 33974); (7) alluding to alleged sexual misconduct on
    his part (May 10, 1994, p. 9697; Feb. 25, 1998, p. 1828; Mar. 5, 1998,
    p. 2620; May 18, 1998, p. 9418); (8) alluding to unethical behavior or
    corruption (June 20, 1996, p. 14829; July 9, 2002, p. 12286; Oct. 29,
    2003, pp. 26400-402), such as implying a cause-and-effect relationship
    between political contributions and his actions as President (May 22,
    2001, p. 9028; Sept. 29, 2004, pp. 19976, 19977), including an
    accusation that the President had ``lined the pockets'' of his
    ``political cronies'' and filled ``campaign coffers'' (Sept. 14, 2005,
    pp. 20238, 20239); (9) discussing ``charges'' leveled at the President
    or under investigation (Mar. 19, 1998, p. 4094; June 11, 1998, p.
    12025), including alluding to ``fund-raising abuses'' (Mar. 14, 2000, p.
    2716) or speculating that the Vice President might someday pardon the
    President for certain charges (Apr. 12, 2000, p. 5419); (10) discussing
    alleged criminal conduct (Sept. 10, 1998, p. 19976) or ``illegal''
    activity or actions (June 20, 2006, p. 11935; Jan. 31, 2012, p. _; Nov.
    20, 2014, p. _; Dec. 1, 2014, p. _; Jan. 13, 2015, p. _, p. _; Jan. 14,
    2015, p. _; Feb. 11, 2015, p. _; Feb. 27, 2015, p. _; Mar. 24, 2015, p.
    _); (11) accusing the President of acting ``above the law'' (June 18,
    2012, p. _; Jan. 15, 2013, p. _; Jan. 13, 2015, p. _), being ``lawless''
    (Aug. 1, 2014, p. _; Nov. 20, 2014, p. _; Dec. 4, 2014, p. _; May 14,
    2015, p. _), violating the law (July 29, 2014, p. _), breaking the law
    (Sept. 9, 2014, p. _, p. _), or abusing the law (Feb. 27, 2015, p. _);
    (12) accusing him of having contempt (July 17, 2013, p. _) or disrespect
    (Feb. 3, 2014, p. _) for the Constitution; (13) accusing him of
    violating the oath of office (Dec. 3, 2013, p. _; Feb. 3, 2014, p. _;
    Feb. 10, 2014, p. _; Nov. 20, 2014, p. _; Feb. 11, 2015, p. _); (14)
    discussing personal conduct even as a point of reference or comparison
    (July 16, 1998, p. 15784; Sept. 9, 1998, p. 19735); (15) asserting that
    a major-party nominee had done something ``disgusting'' and
    ``despicable'' (Mar. 11, 2004, p. 4033) or that the

    [[Page 189]]

    President is ``disgraceful'' (June 20, 2012, p. _) or lacking in
    morality (June 3, 2013, p. _; (16) asserting that a major-party nominee
    is not ``a large enough person'' to apologize (Mar. 11, 2004, p. 4086)
    or that the President does not care about black people (Sept. 8, 2005,
    p. 19797); (17) describing the President's action as ``arrogant'' (Jan.
    11, 2007, p. 998; Mar. 22, 2007, p. 7321; Nov. 17, 2011, p. _; Feb. 16,
    2012, p. _; July 18, 2012, p. _; Oct. 29, 2013, p. _; Nov. 17, 2014, p.
    _), ``mean-spirited'' (July 15, 2008, p. 15061), vengeful (June 3, 2013,
    p. _), a ``hissy fit'' (Oct. 27, 2011, p. _; Dec. 1, 2014, p. _),
    ``cruel'' (Nov. 15, 2013, p. _), intenionally hurting the public (Oct.
    3, 2013, p. _), ``bilking'' the taxpayer (Apr. 22, 2015, p. _), or that
    he had engaged in insults (May 13, 2015, p. _); (18) equating his
    decisions with regard to armed conflict to his having ``slaughtered''
    thousands (Mar. 8, 2007, p. 5815) or that a soldier's death was for his
    ``amusement'' (Oct. 18, 2007, pp. 27569, 27570); (19) likening the
    President to a ``ruler'' (July 8, 2013, p. _; July 16, 2013, p. _),
    ``king'' (July 17, 2013, p. _; May 22, 2014, p. _; Nov. 20, 2014, p. _),
    ``monarch'' (Jan. 15, 2013, p. _), or ``emperor'' (Dec. 2, 2014, p. _);
    (20) an accusation of ``abuse of power'' or ``abuse of the office''
    (Sept. 9, 2014, p. _; Dec. 4, 2014, p. _). The Chair may admonish
    Members transgressing this stricture even after other debate has
    intervened (Jan. 23, 1996, p. 1144).
      A Member may not read in debate extraneous material personally abusive
    of the President that would be improper if spoken in the Member's own
    words (Mar. 3, 1993, p. 3958; Nov. 15, 1995, p. 32587; May 2, 1996, p.
    10010; Mar. 17, 1998, p. 3799; July 15, 2003, p. 18170; Sept. 16, 2003,
    pp. 22151, 22152; Oct. 17, 2007, p. 27538; Oct. 5, 2013, p. _), such as
    material labeling the President's statement a lie (Sept. 10, 2014, p.
    _). This prohibition includes the recitation of another Member's
    criticism of the President made off the floor (even if recited as a
    rebuttal to such criticism) (Dec. 17, 1998, p. 27775).
      The Chair has advised that the protections afforded by Jefferson's
    Manual and the precedents against unparliamentary references to the
    President, personally, do not necessarily extend to members of his
    family (July 12, 1990, p. 17206).
      References in debate to former Presidents are not governed by these
    standards (Nov. 15, 1945, p. 10735; June 27, 2002, pp. 11844, 11845).
      In the 102d Congress, the Speaker enunciated a minimal standard of
    propriety for all debate concerning nominated candidates for the
    Presidency, based on the traditional proscription against personally
    offensive references to the President even in the capacity as a
    candidate (Speaker Foley, Sept. 24, 1992, p. 27344); and this policy has
    been extended to a presumptive major-party nominee for President (e.g.,
    Apr. 22, 2004, pp. 7401, 7402). However, references to the past
    statements or views of such nominee are not unparliamentary (May 6,
    2004, p. 8554).
      For discussion of the stricture against addressing remarks in debate
    to the President, as in the second person, see Sec. 945, infra.

    [[Page 190]]

      On January 27, 1909 (VIII, 2497), the House adopted a report of a
    committee appointed to investigate the question, which report in part
    stated:
      ``The freedom of speech in debate in the House should never be denied
    or abridged, but freedom of speech in debate does not mean license to
    indulge in personal abuses or ridicule. The right of Members of the two
    Houses of Congress to criticize the official acts of the President and
    other executive officers is beyond question, but this right is subject
    to proper rules requiring decorum in debate. Such right of criticism is
    inherent upon legislative authority. The right to legislate involves the
    right to consider conditions as they are and to contrast present
    conditions with those of the past or those desired in the future. The
    right to correct abuses by legislation carries the right to consider and
    discuss abuses which exist or which are feared.
      ``It is, however, the duty of the House to require its Members in
    speech or debate to preserve that proper restraint which will permit the
    House to conduct its business in an orderly manner and without
    unnecessarily and unduly exciting animosity among its Members or
    antagonism from those other branches of the Government with which the
    House is correlated.''

      It <> is a breach of order in debate to notice what has been said
    on the same subject in the other House, or the particular votes or
    majorities on it there; because the opinion of each House should be left
    to its own independency, not to be influenced by the proceedings of the
    other; and the quoting them might beget reflections leading to a
    misunderstanding between the two Houses. 8 Grey, 22.

      Until former clause 1 of rule XIV (currently clause 1 of rule XVII)
    was amended in the 100th and 101st Congresses (H. Res. 5, Jan. 6, 1987,
    p. 6; H. Res. 5, Jan. 3, 1989, p. 72), this principle of comity and
    parliamentary law as described by Jefferson governed debate in the House
    to the full extent of its provisions (see generally, V, 5095-5130; VIII,
    2501-21; July 31, 1984, p. 21670; Deschler-Brown, ch. 29, Sec. 44). From
    the 101st Congress through the 108th Congress, clause 1 of rule XVII
    permitted some factual references that were a matter of public record,
    references to the pendency or sponsorship in the Senate of certain
    measures, factual descriptions concerning a measure under debate in the
    House, and quotations from Senate proceedings relevant to the making of
    legislative history on a pending measure. In the 109th Congress clause 1
    was amended to permit debate to include references to the Senate or its
    Members but within the general

    [[Page 191]]

    stricture that requires Members to avoid personality (sec. 2(g), H. Res.
    5, Jan. 4, 2005, p. 43). Under the new standard, remarks may urge the
    Senate to take a particular action (Mar. 21, 2010, p. 4105). For a
    recitation of precedents under the former rule, see Sec. 371 of the
    House Rules and Manual for the 108th Congress (H. Doc. 107-284).
      Since the adoption of the new rule, the following references to the
    Senate or its Members have been held unparliamentary: (1) accusing
    Senate Republicans of hypocrisy (May 16, 2005, p. 9757); (2) referring
    to Senate Democrats (May 18, 2005, p. 10136) or liberals in the Senate
    (July 30, 2011, p. 12531) as ``cowardly''; (3) accusing a Senator of
    making slanderous statements (June 17, 2005, p. 13009; June 21, 2005, p.
    13408); (4) attributing to a Senator a list of offenses under
    investigation by the Securities and Exchange Commission (Oct. 18, 2005,
    p. 22987); (5) accusing a Senator of giving ``aid and comfort'' to the
    enemy (Dec. 13, 2005, p. 28162); (6) accusing a Senator of corruption
    (Oct. 13, 2009, p. 24720), taking bribes (Jan. 19, 2010, p. 209), or
    being unethical (Aug. 2, 2012, p. _); (7) stating a ``low opinion'' of
    the Senate (Apr. 1, 2011, p. 4966); (8) referring to a Senator as
    ``disgraceful'' (Oct. 2, 2013, p. _) or a Senate action as a
    ``disgrace'' (Apr. 18, 2013, p. _) or sarcastically as ``courageous''
    (July 22, 2011, p. 11831-33); (9) stating that the Majority Leader ``has
    a high opinion of himself'' (Dec. 20, 2011, p. _); (11) accusing a
    Senator of ``taunting'' (May 22, 2014, p. _); (11) insinuating that the
    Majority Leader lied (Dec. 20, 2011, p. _).
      It remains the duty of the Chair to call to order a Member who engages
    in personality with respect to a Senator (see Sec. 374, infra), and the
    Chair may admonish a Member for unparliamentary references even after
    intervening recognition (Oct. 12, 1999, p. 24954; Nov. 15, 2001, p.
    22596). Although the Chair is under a duty to caution Members against
    unparliamentary references, the Chair will not advise Members on how to
    construct their remarks to avoid improper references (Feb. 25, 2004, pp.
    2409-15).
      The prohibition against improper references to Senators includes (1) a
    reference not explicitly naming the Senator (VIII, 2512; Feb. 23, 1994,
    p. 2658; June 30, 1995, p. 18153; Feb. 27, 1997, pp. 2768, 2769); (2)
    the reading of a paper making criticisms of a Senator (V, 5127); (3) a
    reference to another person's criticism of a Senator (Aug. 4, 1983, p.
    23145). Similarly, the Chair has consistently held that if references to
    the Senate are appropriate, the Member delivering them is not required
    to use the term ``the other body,'' (Oct. 4, 1984, p. 30047) and, by the
    same token, references to ``the other body'' will not cure
    unparliamentary references directed to the Senate (e.g., Oct. 2, 2002,
    p. 18913; Apr. 2, 2004, pp. 6394, 6395).
      Under the earlier form of the rule, the Chair held that remarks in
    debate during the pendency of an impeachment resolution may not include
    comparisons to the personal conduct of sitting Members of the House or
    Senate (Dec. 18, 1998, p. 27829) and remarks in debate may not criticize
    words spoken in the Senate by one not a Member of that body in the
    course of an impeachment trial (V, 5106). After examination by a
    committee under

    [[Page 192]]

    the earlier form of the rule, a speech reflecting on the character of
    the Senate was ordered to be stricken from the Record on the ground that
    it tended to create ``unfriendly conditions between the two bodies * * *
    obstructive of wise legislation and little short of a public calamity''
    (V, 5129). Under the earlier form of the rule, where a Member had been
    assailed in the Senate, he was permitted to explain his own conduct and
    motives without bringing the whole controversy into discussion or
    assailing the Senator (V, 5123-5126). Propositions relating to breaches
    of these principles were entertained as a matter of privilege (V, 5129,
    6980).
      The precise standard in former clause 1 of rule XIV for references to
    ``individual Members of the Senate'' did not apply to references to
    former Senators (Dec. 14, 1995, p. 36968).
      The official policies, actions, and opinions of a Senator who is a
    candidate for President or Vice President (as, in modern practice, with
    one who is not) may be criticized in terms not personally offensive
    (Speaker Wright, Sept. 29, 1988, p. 26683), but references attacking the
    character or integrity of a Senator in that context are not in order
    (Oct. 30, 1979, p. 30150).
      References in debate to the Vice President (as President of the
    Senate) are governed by the standards of reference permitted toward the
    President, as under the earlier form of the rule. As such, a Member may
    criticize in debate the policies, or candidacy, of the Vice President
    but may not engage in personality (Dec. 14, 1995, p. 36968; July 14,
    1998, p. 15314; Sept. 20, 2000, p. 18639). For example, it is not in
    order to allude to ``wrongdoings [including] fund-raising telephone
    calls by the Vice President'' (Mar. 14, 2000, p. 2716); to attribute to
    him a list of offenses under investigation by a special prosecutor (Oct.
    18, 2005, p. 22987); to suggest that the House should investigate him in
    connection with government contracts awarded to his former employer
    (June 15, 2006, p. 11480); to speculate that he might someday pardon the
    President (Apr. 12, 2000, p. 5419); to accuse him of lying (Sept. 20,
    2000, p. 18639; Sept. 21, 2000, p. 18789; Feb. 16, 2006, p. 1960; Mar.
    6, 2007, p. 5412); to suggest ``he has a problem with the truth'' (Oct.
    5, 2000, p. 21014); to allege ``unethical behavior'' or ``corruption''
    (see, e.g., Oct. 29, 2003, pp. 26400-402; Nov. 4, 2003, pp. 27070,
    27071), including innuendo suggesting policy choices were made on the
    basis of personal pecuniary gain (July 7, 2004, p. 14582; Sept. 13,
    2005, pp. 20238, 20239) or accusations of abuse of power (July 14, 2004,
    p. 15501); to describe him as ``arrogant'' (June 28, 2007, p. 17926;
    Sept. 25, 2008, p. 21781). The rule also precludes the insertion in the
    Record of a paper making improper references to the Vice President
    (Sept. 19, 2000, p. 18580).
       A Member may not read in debate extraneous material regarding the
    Vice President that would be improper if spoken in the Member's own
    words (Feb. 16, 2006, p. 1960).

    [[Page 193]]

      Neither <> House can exercise any authority over a Member or
    officer of the other, but should complain to the House of which he is,
    and leave the punishment to them.

      In a notable instance, wherein a Member of the House had assaulted a
    Senator in the Senate Chamber for words spoken in debate, the Senate
    examined the breach of privilege and transmitted its report to the
    House, which punished the Member (II, 1622). A Senator having assailed a
    House Member in debate, the House messaged to the Senate a resolution
    declaring the language a breach of privilege and requested the Senate to
    take appropriate action (Sept. 27, 1951, p. 12270). The Senator
    subsequently asked unanimous consent to correct his remarks in the
    permanent Congressional Record, but objection was raised (Sept. 28,
    1951, p. 12383). But where certain Members of the House, in a published
    letter, sought to influence the vote of a Senator in an impeachment
    trial, the House declined to consider the matter as a breach of
    privilege (III, 2657). Although on one occasion it was held that a
    resolution offered in the House requesting the Senate to expunge from
    the Record statements in criticism of a Member of the House did not
    constitute a question of privilege, being in violation of the rule
    prohibiting references to the Senate in debate (VIII, 2519), a properly
    drafted resolution referring to language published in the Record of
    Senate proceedings as constituting a breach of privilege and requesting
    the Senate to take appropriate action concerning the subject has been
    held to present a question of the privileges of the House (VIII, 2516).

      * * * <> Where the complaint is of words
    disrespectfully spoken by a Member of another House, it is difficult to
    obtain punishment, because of the rules supposed necessary to be
    observed (as to the immediate noting down of words) for the security of
    Members. Therefore it is the duty of the House, and more particularly of
    the Speaker, to interfere immediately, and not to permit expressions to
    go unnoticed which may give a ground of complaint to the other House,
    and introduce proceedings and mutual accusations between the two Houses,
    which can hardly be ter

    [[Page 194]]

    minated without difficulty and disorder. 3 Hats., 51.

      A rule of comity prohibiting most references in debate to the Senate
    was first enunciated in Jefferson's Manual and was strictly enforced in
    the House through the 108th Congress (albeit with certain exceptions
    adopted in the 100th and 101st Congresses in the former clause 1(b) of
    rule XVII) (Sec. 371, supra and Sec. 945, infra). In the 109th Congress
    clause 1 was amended to permit references to the Senate or its Members,
    even critical references, so long as avoiding personality (sec. 2(g), H.
    Res. 5, Jan. 4, 2005, p. 43). Nevertheless, it remains the duty of the
    Chair to call to order a Member who violates the rule in debate or
    through an insertion in the Record.
      The Chair has distinguished between engaging in personality toward
    another Member of the House, as to which the Chair normally awaits a
    point of order from the floor, and improper references to Members of the
    Senate, which violate comity between the Houses, as to which the Chair
    normally takes initiative (Feb. 27, 1997, pp. 2778, 2779). The Chair may
    admonish Members to avoid unparliamentary references to the Senate even
    after intervening recognition (Oct. 12, 1999, p. 24954). Pending
    consideration of a measure relating to the Senate, the Speaker announced
    his intention to strictly enforce this provision of Jefferson's Manual
    prohibiting improper references to the Senate, and to deny recognition
    to Members violating the prohibition, subject to permission of the House
    to proceed in order (Speaker O'Neill, June 16, 1982, p. 13843). Under
    the earlier form of clause 1 of rule XVII, the Chair refused to respond
    to hypothetical questions as to the propriety of possible
    characterizations of Senate actions before their use in debate (Oct. 24,
    1985, p. 28819). For a further discussion of the Speaker's duties
    regarding unparliamentary debate, see Sec. Sec. 960-961, infra.

      No <> Member may be present when a bill or any
    business concerning himself is debating; nor is any Member to speak to
    the merits of it till he withdraws. 2 Hats., 219. The rule is that if a
    charge against a Member arise out of a report of a committee, or
    examination of witnesses in the House, as the Member knows from that to
    what points he is to direct his exculpation, he may be heard to those
    points before any question is moved or stated against him. He is then to
    be

    [[Page 195]]

    heard, and withdraw before any question is moved. But if the question
    itself is the charge, as for breach of order or matter arising in the
    debate, then the charge must be stated (that is, the question must be
    moved), himself heard, and then to withdraw. 2 Hats., 121, 122.

      In 1832, during proceedings for the censure of a Member, the Speaker
    informed the Member that he should retire (II, 1366); but this seems to
    be an exceptional instance of the enforcement of the law of Parliament.
    In other cases, after the proposition for censure or expulsion has been
    proposed, Members have been heard in debate, either as a matter of right
    (II, 1286), as a matter of course (II, 1246, 1253), by express provision
    (II, 1273), and in writing (II, 1273), or by unanimous consent (II,
    1275). A Member against whom a resolution of censure was pending was
    asked by the Speaker if he desired to be heard (VI, 236). But a Member
    was not permitted to depute another Member to speak in his behalf (II,
    1273). In modern practice the Member has been permitted to speak in his
    own behalf, both in censure (June 10, 1980, pp. 13802-11) and expulsion
    proceedings (Oct. 2, 1980, pp. 28953-78; July 24, 2002, pp. 14299,
    14309). A Member-elect has been permitted to participate in debate on a
    resolution relating to his right to take the oath (Jan. 10, 1967, p.
    23).

      Where <> the private interests of a Member are concerned in a bill or
    question he is to withdraw. And where such an interest has appeared, his
    voice has been disallowed, even after a division. In a case so contrary,
    not only to the laws of decency, but to the fundamental principle of the
    social compact, which denies to any man to be a judge in his own cause,
    it is for the honor of the House that this rule of immemorial observance
    should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368.

      In the House it has not been usual for the Member to withdraw from
    debate when the Member's private interests are concerned in a pending
    measure, although clause 1 of rule III addresses voting in such a
    contingency. In one instance the Senate disallowed a vote given by a
    Senator

    [[Page 196]]

    on a question relating to his own right to a seat; but the House has
    never had occasion to proceed so far (V, 5959).

      No <> Member is to come
    into the House with his head covered, nor to remove from one place to
    another with his hat on, nor is to put on his hat in coming in or
    removing, until he be set down in his place. Scob., 6.

      In 1837 the parliamentary practice of wearing hats during the session
    was abolished by adoption of current clause 5 of rule XVII. See
    Sec. 962, infra.
    <>   A question of
    order may be adjourned to give time to look into precedents. 2 Hats.,
    118.

      As described in Sec. Sec. 628 and 628a, infra, the Speaker has
    declined, on a difficult question of order, to rule until taking time
    for examination (III, 2725; VI, 432; VII, 2106; VIII, 2174, 2396, 3475),
    and may take a parliamentary inquiry under advisement, especially if not
    related to the pending proceedings (VIII, 2174; Apr. 7, 1992, p. 8274).
    However, it is conceivable that a case might arise wherein this
    privilege of the Chair would require approval of the majority of the
    House to prevent arbitrary obstruction of the pending business by the
    Chair. The law of Parliament evidently contemplates that the adjournment
    of a question of order shall be controlled by the House. On occasion,
    the Chair has reversed as erroneous a decision previously made (VI, 639;
    VII, 849; VIII, 2794, 3435).

    <>   In
    Parliament, all decisions of the Speaker may be controlled by the House.
    3 Grey, 319.

      The Speaker's decision on a question of order is subject to appeal by
    any Member (clause 5 of rule I).

                         sec. xviii--orders of the house

      Of <> right, the
    door of the House ought not to be shut, but to be kept by porters, or
    Sergeants-at-Arms, assigned for that purpose. Mod ten. Parl., 23.

    [[Page 197]]

      The <> only case where a Member has a right to insist on
    anything, is where he calls for the execution of a subsisting order of
    the House. Here there having been already a resolution, any person has a
    right to insist that the Speaker, or any other whose duty it is, shall
    carry it into execution; and no debate or delay can be had on it.

      As a request for unanimous consent to consider a bill is in effect a
    request to suspend the order of business temporarily, a Member has the
    right at any time to demand the ``regular order'' (IV, 3058). If the
    regular order is demanded pending a request for unanimous consent,
    further reservation of the right to object thereto is precluded (Speaker
    Foley, Nov. 14, 1991, p. 32128; Nov. 7, 2009, pp. 27189, 27190).
    Occasionally a Member may incorrectly demand the ``regular order'' to
    assert that remarks are not confined to the question under debate. On
    such an occasion the Chair may treat the demand as a point of order
    requiring a ruling by the Chair (May 1, 1996, pp. 9888, 9889).

    <> Thus
    any Member has a right to have the House or gallery cleared of
    strangers, an order existing for that purpose; or to have the House told
    when there is not a quorum present. 2 Hats., 87, 129. How far an order
    of the House is binding, see Hakew., 392.

      Absent an existing order for that purpose, a Member may not demand
    that the galleries be cleared, because this power resides in the House
    (II, 1353), which has by rule extended the power to the Speaker (clause
    2 of rule I) and the chair of the Committee of the Whole (clause 1 of
    rule XVIII), but not to the individual Member.

      But <> where an order is made that any particular matter be taken
    up on a particular day, there a question is to be put, when it is called
    for, whether the House will now proceed to that matter? Where orders of
    the day are on impor

    [[Page 198]]

    tant or interesting matter, they ought not to be proceeded on till an
    hour at which the House is usually full [which in Senate is at noon].

      The rule of the House providing for raising the question of
    consideration (clause 3 of rule XVI) has, in connection with the
    practice as to special orders of business, superseded this provision of
    the parliamentary law. The House always proceeds with business at its
    hour of meeting, unless prevented by a point that no quorum is present
    (IV, 2732).

      Orders <> of the day
    may be discharged at any time, and a new one made for a different day, 3
    Grey, 48, 313.

      The House found the use of ``Orders of the day'' as a method of
    disposing business impracticable as long ago as 1818, and not long after
    abandoned their use (IV, 3057), although an interesting reference to
    them survives in clause 1 of rule XIV. The House proceeds under rule XIV
    unless that order is displaced by the use of special orders of business
    or the intervention of privileged business.

      When <> a session
    is drawing to a close and the important bills are all brought in, the
    House, in order to prevent interruption by further unimportant bills,
    sometimes comes to a resolution that no new bill be brought in, except
    it be sent from the other House. 3 Grey, 156.

      This provision is obsolete so far as the practice of the House is
    concerned, because business goes on uninterruptedly until the Congress
    expires (clause 6 of rule XI).

      All <> orders of the House determine with the
    session; and one taken under such an order may, after the session is
    ended, be discharged on a habeas corpus. Raym., 120; Jacob's L. D. by
    Ruffhead; Parliament, 1 Lev., 165, Pitchara's case.

      The House, by clause 6 of rule XI and the practice thereunder, has
    modified the rule of Parliament as to business pending at the end of a
    session that is not at the same time the end of a Congress. Some
    standing orders,

    [[Page 199]]

    however, like those providing for the hour of daily meeting of the House
    (I, 104-109), expire with a session. In 1866 the House discussed its
    power to imprison for a period longer than the duration of the existing
    session (II, 1629), and in 1870, for assaulting a Member returning to
    the House from absence on leave, Patrick Woods was committed for a term
    extending beyond the adjournment of the session, but not beyond the term
    of the existing House (II, 1628).

      Where <> the Constitution authorizes each House to
    determine the rules of its proceedings it must mean in those cases
    (legislative, executive, or judiciary) submitted to them by the
    Constitution, or in something relating to these, and necessary toward
    their execution. But orders and resolutions are sometimes entered in the
    journals having no relation to these, such as acceptances of invitations
    to attend orations, to take part in procession, etc. These must be
    understood to be merely conventional among those who are willing to
    participate in the ceremony, and are therefore, perhaps, improperly
    placed among the records of the House.

      The <> House has frequently examined its constitutional power to make
    rules, and this power also has been discussed by the Supreme Court (V,
    6755). It has been settled that Congress may not by law interfere with
    the constitutional right of a future House to make its own rules (I, 82;
    V, 6765, 6766), or to determine for itself the order of proceedings in
    effecting its organization (I, 242-245; V, 6765, 6766). It also has been
    determined, after long discussion and trial by practice, that one House
    may not continue its rules in force to and over its successor (I, 187,
    210; V, 6002, 6743-6747; Jan. 22, 1971, p. 132). Congress may bind
    itself in matters of procedure (II, 1341; V, 6767, 6768), but its
    ability to so bind a succeeding Congress has been called into doubt (V,
    6766). In one case the Chair denied the authority of such a law that
    conflicted with a rule of the House (IV, 3579). The theories involved in
    this question have been most carefully examined and decisively
    determined in reference to the law of 1851, which directs the method of
    procedure for the House in its constitutional function of judging the
    elections of its Members; and it has been determined that

    [[Page 200]]

    this law is not of absolute binding force on the House, but rather a
    wholesome rule not to be departed from except for cause (I, 597, 713,
    726, 833; II, 1122). In modern practice, existing statutory procedures,
    including provisions of concurrent resolutions, are readopted as Rules
    of the House at the beginning of each Congress (see, e.g., H. Res. 6,
    Jan. 4, 1995, p. 462). This practice was codified in clause 1 of rule
    XXVIII (current rule XXIX) when the House recodified its rules in the
    106th Congress (H. Res. 5, Jan. 6, 1999, p. 75, see Sec. 1105, infra).
    Where the House amended a standing rule of general applicability during
    a session and the amended rule did not require prospective application,
    the rule was interpreted to apply retroactively (Sept. 28, 1993, p.
    22719).
      As to the participation on occasions of ceremony, the House has
    entered its orders on its journal; but it rarely attends outside the
    Capitol building as a body (July 25, 2002, p. 14645), usually preferring
    that its Members go individually (V, 7061-7064) or that it be
    represented by a committee (V, 7053-7056) or other delegation (May 28,
    1987, p. 14031). It has discussed, but not settled, its power to compel
    a Member to accompany it outside the Hall on an occasion of combined
    business and ceremony (II, 1139). But the House remains in session for
    the inauguration of the President on the portico of the Capitol (Jan.
    20, 1969, pp. 1288-92) and the mace is carried to the ceremony.

                               sec. xix--petition

    <>   A
    petition prays something. A remonstrance has no prayer. 1 Grey, 58.

      The Rules of the House make no mention of remonstrances, but do
    mention petitions and memorials (clause 3 of rule XII). Resolutions of
    State legislatures and of primary assemblies of the people are received
    as memorials (IV, 3326, 3327), but papers general or descriptive in form
    may not be presented as memorials (IV, 3325).

      Petitions <> must be subscribed by the petitioners Scob., 87; L. Parl.,
    c. 22; 9 Grey, 362, unless they are attending, 1 Grey, 401 or unable to
    sign, and averred by a member, 3 Grey, 418. But a petition not
    subscribed, but which the member presenting it affirmed to be all in the
    handwriting of the petitioner, and his name written in the beginning,
    was on the question (March 14, 1800)

    [[Page 201]]

    received by the Senate. The averment of a member, or of somebody without
    doors, that they know the handwriting of the petitioners, is necessary,
    if it be questioned. 6 Grey, 36. It must be presented by a member, not
    by the petitioners, and must be opened by him holding it in his hand. 10
    Grey, 57.

      In the House petitions have been presented for many years by filing
    with the Clerk (clause 3 of rule XII). Members file them, and
    petitioners do not attend on the House in the sense implied in the
    parliamentary law. In cases in which a petition set forth serious
    changes, the petitioner was required to have his signature attested by a
    notary (III, 2030, footnote).

      Regularly <> a motion for receiving it must be made and seconded, and a
    question put, whether it shall be received, but a cry from the House of
    ``received,'' or even silence, dispenses with the formality of this
    question. It is then to be read at the table and disposed of.

      Before the adoption of the provisions of clause 3 of rule XII,
    petitions were presented from the floor by Members, and questions
    frequently arose as to the reception thereof (IV, 3350-3356). But under
    the present practice such procedure does not occur.

                                 sec. xx--motion

       <> When a motion has been made, it is not to be put
    to the question or debated until it is seconded. Scob., 21.
      It is then, and not till then, in possession of the House, and can not
    be withdrawn but by leave of the House. It is to be put into writing, if
    the House or Speaker require it, and must be read to the House by the
    Speaker as often as

    [[Page 202]]

    any Member desires it for his information. 2 Hats., 82.

      The House has long since dispensed with the requirement of a second
    for ordinary motions (clause 1 of rule XVI; V, 5304); and the
    requirement of a second for a motion to suspend the rules was eliminated
    in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39). Clause 2 of rule
    XVI provides further that a motion may be withdrawn before decision or
    amendment (see Sec. 904, infra); and clause 1 of the same rule provides
    that the motion shall be reduced to writing on the demand of any Member
    (see Sec. 902, infra). In the practice of the House, when a paper on
    which the House is to vote has been read once, the reading may not be
    required again unless the House shall order it read (V, 5260).

      It <> might be asked whether a motion for adjournment or for the
    orders of the day can be made by one Member while another is speaking?
    It can not. When two Members offer to speak, he who rose first is to be
    heard, and it is a breach of order in another to interrupt him, unless
    by calling him to order if he departs from it. And the question of order
    being decided, he is still to be heard through. A call for adjournment,
    or for the order of the day, or for the question, by gentlemen from
    their seats, is <> not a motion. No motion
    can be made without rising and addressing the Chair. Such calls are
    themselves breaches of order, which, though the Member who has risen may
    respect, as an expression of impatience of the House against further
    debate, yet, if he chooses, he has a right to go on.

      The practice of the House has modified the principle that the Member
    who rises first is to be recognized (clause 2 of rule XVII); but in
    other respects the principles of this paragraph are in force.

    [[Page 203]]

                              sec. xxi--resolutions

      When <> the
    House commands, it is by an ``order.'' But fact, principles, and their
    own opinions and purposes, are expressed in the form of resolutions.
      A resolution for an allowance of money to the clerks being moved, it
    was objected to as not in order, and so ruled by the Chair; but on
    appeal to the Senate (i.e., a call for their sense by the President, on
    account of doubt in his mind, according to clause 5 of rule XXII) the
    decision was overruled. Jour., Senate, June 1, 1796. I presume the doubt
    was, whether an allowance of money could be made otherwise than by bill.

      In <>  the
    modern practice concurrent resolutions have been developed as a means of
    expressing fact, principles, opinions, and purposes of the two Houses
    (II, 1566, 1567). Joint committees are authorized by resolutions of this
    form (III, 1998, 1999), and they are used in authorizing correction of
    bills agreed to by both Houses (VII, 1042), amendment of enrolled bills
    (VII, 1041), amendment of conference reports (VIII, 3308), requests for
    return of bills sent to the President (VII, 1090, 1091), authorizing the
    printing of certain enrolled bills by hand in the remaining days of a
    session (Dec. 20, 1982, p. 32875), providing for joint session to
    receive a message from the President (VIII, 3335, 3336), authorizing the
    printing of congressional documents (July 1, 1969, p. 17948); and fixing
    time for final adjournment (VIII, 3365). The Congressional Budget Act of
    1974 (P.L. 93-344) provides for the adoption by both Houses of
    concurrent resolutions on the budget that become binding on both Houses
    with respect to congressional budget procedures (see Sec. 1127, infra).
    A concurrent resolution is binding on neither House until agreed to by
    both (IV, 3379), and, because not legislative in nature, is not sent to
    the President for approval (IV, 3483). A concurrent resolution is not a
    bill or joint resolution within the meaning of clause 5 of rule XXI
    (requiring a three-fifths vote for approval of such a measure if
    carrying an increase in a rate of tax on income) (Speaker Gingrich, May
    18, 1995, p. 13499). In the 106th Congress the Senate neglected to adopt
    a House concurrent resolution vacating signatures of the Presiding
    Officers on an enrolled bill and laying that bill on the table as

    [[Page 204]]

    overtaken by another enactment (H. Con. Res. 234, adopted by the House
    on Nov. 18, 1999, p. 30719). The Congress subsequently enacted section
    1401 of the Miscellaneous Appropriations Act of 2001, which adopted that
    concurrent resolution (as enacted by P.L. 106-554).
      Another <> development of the
    modern practice is the joint resolution, which is a bill so far as the
    processes of the Congress in relation to it are concerned (IV, 3375;
    VII, 1036). With the exception of joint resolutions proposing amendments
    to the Constitution (V, 7029), all these resolutions are sent to the
    President for approval and have the full force of law. They are used for
    what may be called the incidental, unusual, or inferior purposes of
    legislating (IV, 3372), as extending the national thanks to individuals
    (IV, 3370), the invitation to Lafayette to visit America (V, 7082,
    footnote), notice to a foreign government of the abrogation of a treaty
    (V, 6270), declaration of intervention in Cuba (V, 6321), correction of
    an error in an existing act of legislation (IV, 3519; VII, 1092),
    enlargement of scope of inquiries provided by law (VII, 1040), election
    of managers for National Soldiers' Homes (V, 7336), special
    appropriations for minor and incidental purposes (V, 7319), continuing
    appropriations (H.J. Res. 790, P.L. 91-33), establishing the date for
    convening of Congress (H.J. Res. 1041, P.L. 91-182), extending the
    submission date under law for transmittal of a report to Congress by the
    President (H.J. Res. 635, P.L. 97-469), and extending the termination
    date for a law (H.J. Res. 864, P.L. 91-59). At one time they were used
    for purposes of general legislation; but the two Houses finally
    concluded that a bill was the proper instrumentality for this purpose
    (IV, 3370-3373). A joint resolution has been changed to a bill by
    amendment (IV, 3374), but in the later practice it has become
    impracticable to do so.
      Where a choice between a concurrent resolution and a joint resolution
    is not dictated by law, the House by its vote on consideration of a
    measure decides which is the appropriate vehicle (and a point of order
    does not lie that a concurrent rather than a joint resolution would be
    more appropriate to express the sense of the Congress on an issue) (Mar.
    16, 1983, p. 5669).
    * * * * *

                      sec. xxiii--bills, leave to bring in

      When <> a Member desires to bring in a bill on any subject, he states
    to the House in general terms the causes for doing it, and concludes by
    moving for leave to bring in a bill, entitled, &c. Leave being given, on
    the question, a committee is ap

    [[Page 205]]

    pointed to prepare and bring in the bill. The mover and seconder are
    always appointed of this committee, and one or more in addition. Hakew.,
    132; Scob., 40. It is to be presented fairly written, without any
    erasure or interlineation, or the Speaker may refuse it. Scob., 41; 1
    Grey, 82, 84.

      This provision is obsolete because rule XII provides an entirely
    different method of introducing bills through the hopper. The
    introduction of bills by leave was gradually dropped by the practice of
    the House, and after 1850 the present system of permitting Members to
    introduce at will bills for printing and reference began to develop (IV,
    3365).

                         sec. xxiv--bills, first reading

      When <> a bill is first presented, the Clerk reads it at the table, and
    hands it to the Speaker, who, rising, states to the House the title of
    the bill; that this is the first time of reading it; and the question
    will be, whether it shall be read a second time? then sitting down to
    give an opening for objections. If none be made, he rises again, and
    puts the question, whether it shall be read a second time? Hakew., 137,
    141. A bill cannot be amended on the first reading, 6 Grey, 286; nor is
    it usual for it to be opposed then, but it may be done, and rejected.
    D'Ewes, 335, col. 1; 3 Hats., 198.

      This provision is obsolete, the practice under clause 8 of rule XVI
    now governing the procedure of the House.

    [[Page 206]]

                         sec. xxv--bills, second reading

      The <> second reading must regularly be on another day. Hakew., 143.
    It is done by the Clerk at the table, who then hands it to the Speaker.
    The Speaker, rising, states to the House the title of the bill; that
    this is the second time of reading it; and that the question will be,
    whether it shall be committed, or engrossed and read a third time? But
    if the bill came from the other House, as it always comes engrossed, he
    states that the question will be, whether it shall be read a third time?
    and before he has so reported the state of the bill, no one is to speak
    to it. Hakew., 143, 146.
      In the Senate of the United States, the President reports the title of
    the bill; that this is the second time of reading it; that it is now to
    be considered as in a Committee of the Whole; and the question will be,
    whether it shall be read a third time? or that it may be referred to a
    special committee?

      The provisions of this paragraph are to a large extent obsolete, the
    practice under clause 8 of rule XVI now governing.

                          sec. xxvi--bills, commitment

      If <> on motion and question it be decided
    that the bill shall be committed, it may then be moved to be referred to
    Committee of the Whole House, or to a special committee. If the latter,
    the Speaker proceeds to name the committee. Any member also may name a
    single person, and Clerk is to

    [[Page 207]]

    write him down as of the committee. But the House have a controlling
    power over the names and number, if a question be moved against any one;
    and may in any case put in and put out whom they please.

      This paragraph is to a large extent obsolete. Bills are referred in
    the first instance by the Speaker to committees as prescribed by the
    rules (rule XII), and references of reported bills to the proper
    calendar of the House are also made under direction of the Speaker
    (clause 2 of rule XIII). Reference of a matter under consideration is
    made by a motion to refer that specifies the committee and may provide
    for a select committee of a specified number of persons (IV, 4402). But
    such committee is appointed only by the Speaker (clause 11 of rule I).
      Clause 2 of rule XIX provides that the Speaker may entertain a motion
    to commit to a standing or select committee with or without instructions
    pending or following the ordering of the previous question.

      Those <> who take exceptions to some particulars in the bill are to
    be of the committee, but none who speak directly against the body of the
    bill; for he that would totally destroy will not amend it, Hakew., 146;
    Town., col., 208; D'Ewes, 634, col. 2; Scob., 47; or as is said, 5 Grey,
    145, the child is not to be put to a nurse that cares not for it, 6
    Grey, 373. It is therefore a constant rule ``that no man is to be
    employed in any matter who has declared himself against it.'' And when
    any member who is against the bill hears himself named of its committee
    he ought to ask to be excused. Thus, March 7, 1806, Mr. Hadley was, on
    the question being put, excused from being of a committee, declaring
    himself to be against the matter itself. Scob., 46.

      This provision is inapplicable in the House because committees have
    majority and minority representation (IV, 4467, 4477, footnote).

    [[Page 208]]

      The <> Clerk may
    deliver the bill to any member of the committee, Town, col. 138; but it
    is usual to deliver it to him who is first named.

      Following introduction, reference, and numbering, bills are sent to
    the Government Publishing Office for printing. Printed copies of all
    bills are distributed in accordance with law (44 U.S.C. 706) and copies
    are made available to the committee to which referred.

      In <> some cases the House has ordered a
    committee to withdraw immediately into the committee chamber and act on
    and bring back the bill, sitting the House. Scob., 48. * * *

      This procedure is rarely followed in the House, because the order of
    business does not provide for such a motion.
      When <> a bill is under consideration, however, the House may on
    motion commit it with instructions to report forthwith with certain
    specified amendment (V, 5548, 5549), in which case the chair of the
    committee reports at once without awaiting action of the committee (V,
    5545-5547; VIII, 2730, 2732) and the bill is in order for immediate
    consideration (V, 5550; VIII, 2735).
      The <> motion to discharge
    a committee from the consideration of an ordinary legislative
    proposition is not privileged under the rules (IV, 3533, 4693; VIII,
    2316), but if a matter involves a question of privilege (III, 2585,
    2709; VIII, 2316), or is privileged under the rule relating to
    resolutions of inquiry (clause 7 of rule XIII; III, 1871; IV, 4695) or
    is provided privilege under statutes enacted under the rulemaking power
    of the House (see Sec. 1130, infra), the motion to discharge is
    admitted. The motion is not debatable (III, 1868; IV, 4695), except as
    follows: (1) under statutory procedures; (2) under clause 2 of rule XV;
    and (3) under modern practice of the House, a motion to discharge a
    vetoed bill (Mar. 7, 1990, p. 3620; Sept. 19, 1996, p. 23815). The
    motion may be laid on the table (V, 5407; VI, 415), but the question of
    consideration may not be demanded against it (V, 4977).

      * * * <> A
    committee meet when and where they please, if the House has not ordered
    time and place for them, 6 Grey, 370; but they can only act when
    together, and

    [[Page 209]]

    not by separate consultation and consent--nothing being the report of
    the committee but what has been agreed to in committee actually
    assembled.

      For discussion of committee procedure generally, see Sec. 792, infra.
    In the House the standing committees usually meet in their committee
    rooms, but there is no rule requiring them to meet there, and in the
    absence of direction by the House, committees designate the time and
    place of their meetings (VIII, 2214).
      Standing committees fix regular meeting days for the transaction of
    business (not less frequently than monthly, under clause 2(b) of rule
    XI), and additional meetings may be called by the chair as noticed
    (clause 2(g)(3) of rule XI) or by a majority of the committee in certain
    circumstances (clause 2(c) of rule XI). On a fixed date of meeting, a
    quorum of the committee may convene and transact business regardless of
    the absence of the chair (VIII, 2214), though as of the 113th Congress
    such regular meeting is held only if properly noticed by the chair (sec.
    2(f)(4), H. Res. 5, Jan. 3, 2013, p. _). A committee meeting being
    adjourned for lack of a quorum, a majority of the members of the
    committee may not, without the consent of the chair and notice pursuant
    to clause 2(g)(3) of rule XI, call a meeting of the committee on the
    same day (VIII, 2213). For restrictions on committee action during a
    joint meeting or joint session, see clause 2(i) of rule XI.
      The <> House
    has adhered to the principle that a report must be authorized by a
    committee acting together, and a paper signed by a majority of the
    committee acting separately has been ruled out (IV, 4584; VIII, 2210-
    2212, 2220; see also clause 2(h) of rule XI).
       No measure or recommendation shall be reported from any committee
    unless a majority of the committee were actually present (clause 2(h) of
    rule XI). A report is sometimes authorized by less than a majority of
    the whole committee, some members being silent or absent (II, 985, 986).
    In a rare instance a majority of a committee agreed to a report, but
    disagreed on the facts necessary to sustain the report (I, 819). In the
    situation in which a committee finds itself unable to agree to a
    positive recommendation, being equally divided, it may report the fact
    to the House (I, 347; IV, 4665, 4666) and may include evidence, majority
    and minority views (III, 2403), minority views alone (II, 945), or
    propositions representing the opposing contentions (III, 2497; IV,
    4664).
      For each record vote in committee on amending or reporting a public
    measure or matter, the report to the House must disclose the total
    number of votes cast for and against and the names of those voting for
    and against (clause 3 of rule XIII). A resolution alleging that a
    committee report on a bill contained descriptions of recorded votes on
    certain amendments as

    [[Page 210]]

    prescribed by clause 3(b) of rule XIII that deliberately
    mischaracterized the amendments, and directing the chair of the
    committee to file a supplemental report to change those descriptions,
    qualified as a question of the privileges of the House (May 3, 2005, p.
    8417).
      It is the duty of the chair of each committee to report or cause to be
    reported promptly any measure approved by the committee and to take or
    cause to be taken necessary steps to bring the matter to a vote (clause
    2 of rule XIII); and a report must be filed within seven days following
    the submission of a written request, signed by a majority of the
    committee members, directing such filing (clause 2 of rule XIII).
      It is not essential that the report of a committee be signed (II,
    1274; VIII, 2229), but the minority or other separate views are signed
    by those concurring in them (IV, 4671; VIII, 2229).
      Objection being made that a report had not been authorized by a
    committee and there being doubt as to the validity of the authorization,
    the question as to the reception of the report is submitted to the House
    (IV, 4588-4591). But the Speaker may decide the question if satisfied of
    the validity or of the invalidity of the authorization (IV, 4584, 4592,
    4593; VIII, 2211, 2212, 2222-2224). And in a case wherein it was shown
    that a majority of a committee had met and authorized a report the
    Speaker did not heed the fact that the meeting was not regularly called
    (IV, 4594). A bill improperly reported is not entitled to its place on
    the calendar (IV, 3117); but the validity of a report may not be
    questioned after the House has voted to consider it (IV, 4598), or after
    actual consideration has begun (IV, 4599; VIII, 2223, 2225).
      Where a question was raised regarding a chair's alteration of a
    committee amendment, the Speaker indicated that the proper time to raise
    a point of order was when the unprivileged report was called up for
    consideration (or when before the Committee on Rules for a special order
    of business) and not when filed in the hopper (May 16, 1989, p. 9356). A
    resolution including an allegation that the chair deliberately and
    improperly refused to recognize a legitimate and timely objection by a
    member of the committee to dispense with the reading of an amendment and
    resolving that the House disapproves of the manner in which the chair
    conducted the markup and finding that the bill considered at that markup
    was not validly ordered reported was held to constitute a question of
    the privileges of the House (July 18, 2003, pp. 18698; July 23, 2003, p.
    19171, 19172).

    <>   A
    majority of the committee constitutes a quorum for business. Elsynge's
    Method of Passing Bills, 11.

      A majority quorum is required in certain circumstances, such as
    reporting a measure or recommendation (clause 2(h) of rule XI);
    authorizing a subpoena (clause 2(m) of rule XI); closing a meeting or
    hearing under

    [[Page 211]]

    clauses 2(a) and 2(g) of rule XI (except as provided under clause
    2(g)(2)(A) with respect to certain hearing procedures); requesting
    immunity for a witness (18 U.S.C. 6005); releasing executive-session
    material (clause 2(k)(7) of rule XI); and proceeding in open session
    after an assertion under clause 2(k)(5) of rule XI. Each committee may
    fix the number of its members, but not less than two, to constitute a
    quorum for taking testimony and receiving evidence; and except for the
    Committees on Appropriations, the Budget, and Ways and Means, a
    committee may fix the number of members to constitute a quorum, which
    shall be not less than one-third of its members, for taking certain
    other actions (clause 2(h) of rule XI).
      A quorum of a committee may transact business and a majority of the
    quorum, even though it be a minority of the whole committee, may
    authorize a report (IV, 4586), but an actual quorum of a committee must
    be present to make action taken valid (VIII, 2212, 2222), unless the
    House authorizes less than a quorum to act (IV, 4553, 4554). A quorum of
    a committee must be present when alleged perjurious testimony is given
    in order to support a charge of perjury. Christoffel v. United States,
    338 U.S. 84 (1949). The absence of a quorum of a committee at the time a
    witness willfully fails to produce subpoenaed documents is not a valid
    defense in a prosecution for contempt if the witness failed to raise
    that objection before the committee. United States v. Bryan, 339 U.S.
    323 (1950); United States v. Fleischman, 339 U.S. 349 (1950).

      Any <> Member of the House may be present at any select committee,
    but cannot vote, and must give place to all of the committee, and sit
    below them. Elsynge, 12; Scob., 49.

      In the 95th Congress, clause 2(g)(2) of rule XI was amended to
    prohibit the exclusion of noncommittee members from nonparticipatory
    attendance in any closed hearing, except in the Committee on Ethics,
    unless the House by majority vote authorizes a committee or subcommittee
    to close its hearings to noncommittee members (H. Res. 5, 95th Cong.,
    Jan. 4, 1977, pp. 53-70). Formerly, a committee could close its doors in
    executive session meetings to persons not invited or required, including
    Members of the House who were not members of the committee (III, 1694;
    IV, 4558-4565; see discussion at IV, 4540).

      The <> committee have full power over the bill or other paper committed
    to them, except that they cannot change the title or subject. 8 Grey,
    228.

    [[Page 212]]

      In the House committees may recommend amendments to the body of a bill
    or to the title but may not otherwise change the text.

      The <> paper before a committee, whether select
    or of the whole, may be a bill, resolutions, draught of an address, &c.,
    and it may either originate with them or be referred to them. In every
    case the whole paper is read first by the Clerk, and then by the
    chairman, by paragraphs, Scob., 49, pausing at the end of each
    paragraph, and putting questions for amending, if proposed. In the case
    of resolutions or distinct subjects, originating with themselves, a
    question is put on each separately, as amended or unamended, and no
    final question on the whole, 3 Hats., 276; but if they relate to the
    same subject, a question is put on the whole. If it be a bill, draught
    of an address, or other paper originating with them, they proceed by
    paragraphs, putting questions for amending, either by insertion or
    striking out, if proposed; but no question on agreeing to the paragraphs
    separately; this is reserved to the close, when a question is put on the
    whole, for agreeing to it as amended or unamended. But if it be a paper
    referred to them, they proceed to put questions of amendment, if
    proposed, but no final question on the whole; because all parts of the
    paper, having been adopted by the House, stand, of course, unless
    altered or struck out by a vote. Even if they are opposed to the whole
    paper, and think it cannot be made good by amendments, they cannot
    reject it, but must re

    [[Page 213]]

    port it back to the House without amendments, and there make their
    opposition.

      In the House it has generally been held that a select or standing
    committee may not report a bill unless the subject matter has been
    referred to it (IV, 4355-4360), except that under the modern practice
    reports filed from the floor as privileged pursuant to clause 5 of rule
    XIII have been permitted on bills and resolutions originating in certain
    committees and not formally referred thereto. Pursuant to this paragraph
    some committees have originated drafts of bills for consideration and
    amendment before the introduction and referral of a numbered bill to
    committee(s). In the older practice the Committee of the Whole
    originated resolutions and bills (IV, 4705); but the later development
    of the rules governing the order of business would prevent the offering
    of a motion to go into Committee of the Whole for such a purpose, except
    by unanimous consent.

      The <> natural
    order in considering and amending any paper is, to begin at the
    beginning, and proceed through it by paragraphs; and this order is so
    strictly adhered to in Parliament, that when a latter part has been
    amended, you cannot recur back and make an alteration in a former part.
    2 Hats., 90. In numerous assemblies this restraint is doubtless
    important. But in the Senate of the United States, though in the main we
    consider and amend the paragraphs in their natural order, yet
    recurrences are indulged; and they seem, on the whole, in that small
    body, to produce advantages overweighing their inconveniences.

      In the House, amendments to House bills are made before the previous
    question is ordered, pending the engrossment and third reading (IV,
    3392; V, 5781; VII, 1051), and to Senate bills before the third reading
    (IV, 3393). Amendments may be offered to any part of the bill without
    proceeding consecutively section by section or paragraph by paragraph
    (IV, 3392). In Committee of the Whole, bills are read section by section
    or paragraph by paragraph and after a section or paragraph has been
    passed it is no longer subject to amendment (clause 5 of rule XVIII;
    Sec. 980, infra; July 12, 1961, p. 12405).

    [[Page 214]]

      To <> this natural order of beginning at the
    beginning there is a single exception found in parliamentary usage. When
    a bill is taken up in committee, or on its second reading, they postpone
    the preamble till the other parts of the bill are gone through. The
    reason is, that on consideration of the body of the bill such
    alterations may therein be made as may also occasion the alteration of
    the preamble. Scob., 50; 7 Grey, 431.
      On this head the following case occurred in the Senate, March 6, 1800:
    A resolution which had no preamble having been already amended by the
    House so that a few words only of the original remained in it, a motion
    was made to prefix a preamble, which having an aspect very different
    from the resolution, the mover intimated that he should afterwards
    propose a correspondent amendment in the body of the resolution. It was
    objected that a preamble could not be taken up till the body of the
    resolution is done with; but the preamble was received, because we are
    in fact through the body of the resolution; we have amended that as far
    as amendments have been offered, and, indeed, till little of the
    original is left. It is the proper time, therefore, to consider a
    preamble; and whether the one offered be consistent with the resolution
    is for the House to determine. The mover, indeed, has intimated that he
    shall offer a subsequent proposition for the body of the resolution; but
    the House is not in possession of it; it re

    [[Page 215]]

    mains in his breast, and may be withheld. The Rules of the House can
    only operate on what is before them. The practice of the Senate, too,
    allows recurrences backward and forward for the purpose of amendment,
    not permitting amendments in a subsequent to preclude those in a prior
    part, or e converso.

      In the practice of the House the preamble of a joint resolution is
    amended after the engrossment and before the third reading (IV, 3414; V,
    5469, 5470; VII, 1064), but the preamble of the joint resolution is not
    voted on separately in the later practice even if amended, because the
    question on passage covers the preamble as well as the resolving clause
    (V, 6147, 6148; Oct. 29, 1975, p. 34283). After an amendment to the
    preamble has been considered it is too late to propose amendments to the
    text of the bill (VII, 1065). In Committee of the Whole, amendments to
    the preamble of a joint resolution are considered following disposition
    of any amendments to the resolving clause (Mar. 9, 1967, pp. 6032-34;
    Mar. 22, 1967, pp. 7679-83; May 25, 1993, p. 11036). Where a simple
    resolution of the House has a preamble, the preamble may be laid on the
    table without affecting the status of the accompanying resolution (V,
    5430). Amendments to the preamble of a concurrent or simple resolution
    are considered in the House following the adoption of the resolution
    (Dec. 4, 1973, p. 39337; June 8, 1970, pp. 18668-71). The House
    considers an amendment reported from the Committee of the Whole to the
    preamble of a Senate joint resolution following disposition of amendment
    to the text and pending third reading (May 25, 1993, p. 11036).

      When <> the committee is through the whole, a Member moves that the
    committee may rise, and the chairman report the paper to the House, with
    or without amendments, as the case may be. 2 Hats., 289, 292; Scob., 53;
    2 Hats., 290; 8 Scob., 50.

      Clause 2 of rule XIII provides that it shall be the duty of the chair
    of each committee to report or cause to be reported promptly any measure
    approved by the committee and to take or cause to be taken necessary
    steps to bring the matter to a vote; and in any event, the report of a
    committee must be filed within seven calendar days (exclusive of days
    when the House is not in session) after a majority of the committee has
    invoked

    [[Page 216]]

    the procedures of clause 2 of rule XIII. In the House a committee may
    order its report to be made by the chair (IV, 4669), or by any other
    member of the committee (IV, 4526), even one from the minority party
    (IV, 4672, 4673; VIII, 2314). A committee report may be filed by a
    Delegate (July 1, 1958, p. 12870). Only the chair makes a report for the
    Committee of the Whole (V, 6987).

      When <> a vote is once passed in a committee it cannot be altered
    but by the House, their votes being binding on themselves. 1607, June 4.

      This provision of the parliamentary law has been held to prevent the
    use of the motion to reconsider in Committee of the Whole (IV, 4716-
    4718; VIII, 2324, 2325) but it is in order in the House as in the
    Committee of the Whole (VIII, 2793). The early practice seems to have
    inclined against the use of the motion in a standing or select committee
    (IV, 4570, 4596), but there is a precedent that authorized the use of
    the motion (IV, 4570, 4596), and on June 1, 1922, the Committee on Rules
    rescinded previous action taken by the committee authorizing a report.
    In the later practice the motion to reconsider is in order in committee
    so long as the measure remains in possession of the committee and the
    motion is not prevented by subsequent actions of the committee on the
    measure, and may be entered on the same day as action to be reconsidered
    or on the next day on which the committee convenes with a quorum present
    to consider the same class of business (VIII, 2213), but a session
    adjourned without having secured a quorum is a dies non and not to be
    counted in determining the admissibility of a motion to reconsider
    (VIII, 2213). This provision does not prevent a committee from reporting
    a bill similar to one previously reported by such committee (VIII,
    2311).

      The <> committee may not erase, interline, or blot the bill
    itself; but must, in a paper by itself set down the amendments, stating
    the words which are to be inserted or omitted, Scob., 50, and where, by
    references to page, line, and word of the bill. Scob., 50.

      This practice is still in force as to Senate bills of which the
    engrossed copies cannot be in any way interlined or altered by House
    committees. Original copies of House bills are not referred to
    committees but are maintained indefinitely by the Clerk. Both House and
    Senate bills are now printed as referred, and committees may thus report
    either with proposed

    [[Page 217]]

    amendments. In the official papers (signed engrossed copies), the
    engrossed House amendments to a Senate bill would still be shown as a
    separate message attached to the Senate engrossed bill when returned to
    the Senate.

                         sec. xxvii--report of committee

      The <> chairman of the committee, standing in his place, informs the
    House that the committee to whom was referred such a bill, have,
    according to order, had the same under consideration, and have directed
    him to report the same without any amendment, or with sundry amendments
    (as the case may be), which he is ready to do when the House pleases to
    receive it. And he or any other may move that it be now received; but
    the cry of ``now, now,'' from the House, generally dispenses with the
    formality of a motion and question. He then reads the amendments, with
    the coherence in the bill, and opens the alterations and the reasons of
    the committee for such amendments, until he has gone through the whole.
    He then delivers it at the Clerk's table, where the amendments reported
    are read by the Clerk without the coherence; whereupon the papers lie
    upon the table till the House, at its convenience, shall take up the
    report. Scob., 52; Hakew., 148.

      This provision is to a large extent obsolete so far as the practice of
    the House is concerned. Most of the reports of committees are made by
    filing them with the Clerk without reading (clause 2 of rule XIII), and
    only the reports of committees having leave to report at any time are
    made by the chair or other member of the committee from the floor
    (clause 5 of rule XIII). Except as provided in clause 2(c) of rule XIII,
    committee reports must be submitted while the House is in session; and
    this requirement may be waived by only by order of the House (by rule,
    suspension, or unanimous consent but not by motion) (Dec. 17, 1982, p.
    31951). Subject to avail

    [[Page 218]]

    ability requirements under clause 4 and timing considerations under
    clause 6 of rule XIII, all reports privileged under clause 5 of rule
    XIII may be called up for consideration immediately after being filed
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34406). For a discussion of
    the three-day layover rule, see Sec. 850, infra.

      The <> report being made, the committee is dissolved and can act
    no more without a new power. Scob. 51. But it may be revived by a vote,
    and the same matter recommitted to them. 4 Grey, 361.

      This provision does not apply now to the Committees of the Whole or to
    the standing committees. It does apply to select committees, which
    expire when they report finally, but may be revived by the action of the
    House in referring in open House a new matter (IV, 4404, 4405). The
    provision does not preclude a standing committee from reporting a bill
    similar to one previously reported by such committee (VIII, 2311).

                         sec. xxviii--bill, recommitment

      After <> a bill
    has been committed and reported, it ought not, in any ordinary course,
    to be recommitted; but in cases of importance, and for special reasons,
    it is sometimes recommitted, and usually to the same committee. Hakew,
    151. If a report be recommitted before agreed to in the House, what has
    passed in committee is of no validity; the whole question is again
    before the committee, and a new resolution must be again moved, as if
    nothing had passed. 3 Hats., 131--note.
      In Senate, January, 1800, the salvage bill was recommitted three times
    after the commitment.

      Where a matter is recommitted with instructions the committee must
    confine itself within the instructions (IV, 4404), and if the
    instructions relate to a certain portion only of a bill, other portions
    may not be reviewed (V, 5526). When a report has been disposed of
    adversely a motion to recommit it is not in order (V, 5559). Bills are
    sometimes recommitted to the Committee of the Whole as the indirect
    result of the action of the House

    [[Page 219]]

    (clause 9 of rule XVIII; IV, 4784) or directly on motion either with or
    without instructions (V, 5552, 5553).

      A <> particular clause of a bill may be committed without the
    whole bill, 3 Hats., 131; or so much of a paper to one and so much to
    another committee.

      In the usage of the House before the rules provided that petitions
    should be filed with the Clerk instead of being referred from the floor,
    it was the practice to refer a portion of a petition to one committee
    and the remainder to another when the subject matter called for such
    division (IV, 3359). Clause 2 of rule XII now permits the Speaker to
    refer bills, and resolutions, with or without time limitations, either
    (1) simultaneously to two or more committees for concurrent
    consideration, while indicating one committee of primary jurisdiction
    (except under extraordinary circumstances), (2) sequentially to
    appropriate committees after the report of the committee or committees
    initially considering the matter, (3) to divide the matter for referral,
    (4) to appoint an ad hoc committee with the approval of the House, or
    (5) to make other appropriate provisions, in order to assure that to the
    maximum extent feasible each committee with subject matter jurisdiction
    over provisions in that measure may consider and report to the House
    with respect thereto. Under former precedents a bill, resolution, or
    communication could not be divided for reference (IV, 4372, 4376).

                        sec. xxix--bill, reports taken up

      When <> the
    report of a paper originating with a committee is taken up by the House,
    they proceed exactly as in committee. Here, as in committee, when the
    paragraphs have, on distinct questions, been agreed to seriatim, 5 Grey,
    366; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Torbuck's Deb., 125; 3 Hats.,
    348, no question needs be put on the whole report. 5 Grey, 381.

      In the House, bills, joint resolutions, concurrent resolutions, and
    simple resolutions come before the House for action although the written
    reports accompanying them, which are always printed, do not (IV, 4674),
    and even the reading of the reports is in order only in the time of
    debate (V, 5292). The Chair will not recognize a Member during debate on
    a bill in the House or in the Committee of the Whole for unanimous
    consent to amend

    [[Page 220]]

    the accompanying committee report in a specified manner, because the
    House should not change the substance of a committee report upon which
    it is not called to vote (Apr. 2, 1985, p. 7209; Nov. 7, 1989, p.
    27762). In rare instances, however, committees submit merely written
    reports without propositions for action. Such reports being before the
    House may be debated before any specific motion has been made (V, 4987,
    4988), and are in such case read to the House (IV, 4663) and after being
    considered the question is taken on agreeing. In such cases the report
    appears in full on the Journal (II, 1364; IV, 4675; V, 7177). When
    reports are acted on in this way it has not been the practice of the
    House to consider them by paragraphs, but the question has been put on
    the whole report (II, 1364).

      On <> taking up a bill reported with amendments the amendments
    only are read by the Clerk. The Speaker then reads the first, and puts
    it to the question, and so on till the whole are adopted or rejected,
    before any other amendment be admitted, except it be an amendment to an
    amendment. Elsynge's Mem., 53. When through the amendments of the
    committee, the Speaker pauses, and gives time for amendments to be
    proposed in the House to the body of the bill; as he does also if it has
    been reported without amendments; putting no questions but on amendments
    proposed; and when through the whole, he puts the question whether the
    bill shall be read a third time?

      The procedure outlined by this provision of the parliamentary law
    applies to bills when reported from the Committee of the Whole; but in
    practice it is usual to vote on the amendments en gros unless a Member
    demands a separate vote (see Sec. 337, supra). The principle that the
    committee amendments should be voted on before amendments proposed by
    individual Members is recognized (IV, 4872-4876; V, 5773; VIII, 2862,
    2863), except when it is proposed to amend a committee amendment. The
    Clerk reads the amendments and the Speaker does not again read them.
    Frequently the House orders the previous question on the committee
    amendments and the bill to final passage, thus preventing further
    amendment. When a bill is of such nature that it does not go to
    Committee of the Whole, it comes

    [[Page 221]]

    before the House from the House Calendar, on which it has been placed on
    being reported from the standing or select committee or pursuant to a
    special order of business. On being taken from the House Calendar the
    bill is read through and then the amendments proposed by the committee
    are read. In modern practice the House may adopt a special order ``self-
    executing'' the adoption of the reported committee amendments in the
    House, and may permit further amendment to the amended text (e.g., H.
    Res. 245, 106th Cong., July 15, 1999, p. 16216).

                            sec. xxx--quasi-committee

      If <> on motion and question the bill be not committed, or if no
    proposition for commitment be made, then the proceedings in the Senate
    of the United States and in Parliament are totally different. The former
    shall be first stated.
      The proceeding of the Senate as in a Committee of the Whole, or in
    quasi-committee, is precisely as in a real Committee of the Whole,
    taking no question but on amendments. When through the whole, they
    consider the quasi-committee as risen, the House resumed without any
    motion, question, or resolution to that effect, and the President
    reports that ``the House, acting as in a Committee of the Whole, have
    had under their consideration the bill entitled, &c., and have made
    sundry amendments, which he will now report to the House.'' The bill is
    then before them, as it would have been if reported from a committee,
    and the questions are regularly to be put again on every amendment;
    which being gone through, the President pauses to give time to the House
    to propose amendments to the body of the bill, and, when through, puts
    the question whether it shall be read a third time?

    [[Page 222]]

      The House may proceed ``in the House as in Committee of the Whole''
    only by unanimous consent (IV, 4923) or special rule (Dec. 18, 1974, p.
    40858). If the House grants unanimous consent for the immediate
    consideration of a bill on the Union Calendar, or which would belong on
    the Union Calendar if reported, the bill is considered in the House as
    in the Committee of the Whole (Apr. 6, 1966, p. 7749; Aug. 3, 1970, p.
    26918; Deschler, ch. 22, Sec. 2.2). In the modern practice of the House
    an order for this procedure means merely that the bill will be
    considered as having been read for amendment and will be open for
    amendment and debate under the five-minute rule (Aug. 10, 1970, p.
    28050; clause 5 of rule XVIII), without general debate (IV, 4924, 4925;
    VI, 639; VIII, 2431, 2432). The Speaker remains in the chair and, when
    the previous question is moved, makes no report but puts the question on
    ordering the previous question and then on engrossment and third reading
    and on passage.
      For further description of the procedures applicable to the House as
    in the Committee of the Whole, and the application of those procedures
    to committees of the House, see Sec. 427, infra.

      After <> progress in amending the bill in quasi-
    committee, a motion may be made to refer it to a special committee. If
    the motion prevails, it is equivalent in effect to the several votes,
    that the committee rise, the House resume itself, discharge the
    Committee of the Whole, and refer the bill to a special committee. In
    that case, the amendments already made fall. But if the motion fails,
    the quasi-committee stands in status quo.-
      How <> far does this XXVIIIth rule [of the Senate] subject
    the House, when in quasi-committee, to the laws which regulate the
    proceedings of Committees of the Whole? The particulars in which these
    differ from proceedings in the House are the following: 1. In a
    committee every member may speak as often as he pleases. 2. The votes of
    a committee may be rejected or altered when

    [[Page 223]]

    reported to the House. 3. A committee, even of the whole, cannot refer
    any matter to another committee. 4. In a committee no previous question
    can be taken; the only means to avoid an improper discussion is to move
    that the committee rise; and if it be apprehended that the same
    discussion will be attempted on returning into committee, the House can
    discharge them, and proceed itself on the business, keeping down the
    improper discussion by the previous question. 5. A committee cannot
    punish a breach of order in the House or in the gallery. 9 Grey, 113. It
    can only rise and report it to the House, who may proceed to punish. The
    first and second of these peculiarities attach to the quasi-committee of
    the Senate, as every day's practice proves, and it seems to be the only
    ones to which the XXVIIIth rule meant to subject them; for it continues
    to be a House, and, therefore, though it acts in some respects as a
    committee, in others it preserves its character as a House. Thus (3) it
    is in the daily habit of referring its business to a special committee.
    4. It admits of the previous question. If it did not, it would have no
    means of preventing an improper discussion; not being able, as a
    committee is, to avoid it by returning into the House, for the moment it
    would resume the same subject there, the XXVIIIth rule declares it again
    a quasi-committee. 5. It would doubtless exercise its powers as a House
    on any breach of order. 6. It takes a question by yea and nay, as the
    House does. 7. It receives messages from the President and the other
    House. 8.

    [[Page 224]]

    In the midst of a debate it receives a motion to adjourn, and adjourns
    as a House, not as a committee.

      In <> the modern practice of the House, the rule
    of Jefferson's Manual is followed to the extent that the House, while
    acting ``in the House as in Committee of the Whole'' may deal with
    disorder, take the yeas and nays, adjourn, refer to a committee even
    though the reading by sections may not have begun (IV, 4931, 4932),
    admit the motion to reconsider (VIII, 2793), receive messages (IV,
    4923), and use the previous question (VI, 369; Procedure, ch. 23,
    Sec. 6.3) (which differs from the previous question of Jefferson's
    time). The previous question may not be moved on a single section of a
    bill (IV, 4930), but it may be demanded on the bill while Members yet
    desire to offer amendments (IV, 4926-4929; VI, 639). Formerly a motion
    to close debate on the pending section of a bill being read by section
    for amendment in the House as in the Committee of the Whole was in order
    (IV, 4935), but under current practice a bill considered ``in the House
    as in Committee of the Whole'' is considered as read and open for
    amendment at any point (Aug. 10, 1970, p. 28050), and a motion is in
    order ``in the House as in Committee of the Whole'' to close debate on
    the bill or on an amendment (June 26, 1973, p. 21314). An amendment may
    be withdrawn at any time before action has been had on it (IV, 4935;
    June 26, 1973, p. 21305). An amendment in the nature of a substitute is
    in order after perfecting amendments have been considered (IV, 4933,
    4934; V, 5788). The title also is amended after the bill has been
    considered (IV, 3416). A quorum of the House (and not of the Committee
    of the Whole) is required in the House as in the Committee of the Whole
    (VI, 639).
      The procedures applicable in the House as in the Committee of the
    Whole generally apply to proceedings in committees of the House, except
    that a measure considered in committee must be read (by section) for
    amendment (see Sec. 413, supra). Therefore, in committee a motion to
    limit debate under the five-minute rule must be confined to the portion
    of the measure then pending.

                  sec. xxxi--bill, second reading in the house

      In <> Parliament, after the bill has been read a second time, if on
    the motion and question it be not committed, or if no proposition for
    commitment be made, the speaker reads it by paragraphs, pausing between
    each, but putting no question but

    [[Page 225]]

    on amendments proposed; but when through the whole, he puts the question
    whether it shall be read a third time, if it came from the other house,
    or, if originating with themselves, whether it shall be engrossed and
    read a third time. The speaker reads sitting, but rises to put
    questions. The clerk stands while he reads.
      But the Senate of the United States is so much in the habit of making
    many and material amendments at the third reading that it has become the
    practice not to engross a bill till it has passed--an irregular and
    dangerous practice, because in this way the paper which passes the
    Senate is not that which goes to the other House, and that which goes to
    the other House as the act of the Senate has never been seen in the
    Senate. In reducing numerous, difficult, and illegible amendments into
    the text the Secretary may, with the most innocent intentions, commit
    errors which can never again be corrected.

      In the House the Clerk and not the Speaker or chair of the Committee
    of the Whole reads bills on second reading. After the second reading,
    which is by paragraph or section in the Committee of the Whole, the bill
    is open to amendment (see Sec. 980, infra). Clause 8 of rule XVI, as
    explained in Sec. 942, infra, governs first and second readings of bills
    in the House and in Committee of the Whole.

      The <> bill being now as perfect as its friends can make it, this
    is the proper stage for those fundamentally opposed to make their first
    attack. All attempts at earlier periods are with disjointed efforts,
    because many who do not expect to be in favor of the bill ultimately,
    are willing to let it go on to its perfect state, to take time to exam

    [[Page 226]]

    ine it themselves and to hear what can be said for it, knowing that
    after all they will have sufficient opportunities of giving it their
    veto. Its two last stages, therefore, are reserved for this--that is to
    say, on the question whether it shall be engrossed and read a third
    time, and, lastly, whether it shall pass. The first of these is usually
    the most interesting contest, because then the whole subject is new and
    engaging, and the minds of the Members having not yet been declared by
    any trying vote the issue is the more doubtful. In this stage,
    therefore, is the main trial of strength between its friends and
    opponents, and it behooves everyone to make up his mind decisively for
    this question, or he loses the main battle; and accident and management
    may, and often do, prevent a successful rallying on the next and last
    question, whether it shall pass.

      In <> the
    House there are two other means of testing strength: raising the
    question of consideration when the bill first comes up (clause 3 of rule
    XVI), and moving to strike the enacting words when it is first open to
    amendment (clause 9 of rule XVIII). By these methods an adverse opinion
    may be expressed without permitting the bill to consume the time of the
    House.

    <>
    When the bill is engrossed the title is to be indorsed on the back, and
    not within the bill. Hakew, 250.

      In the practice of the House and the Senate the title appears in its
    proper place in the engrossed bill, and also is endorsed, with the
    number, on the back.

    [[Page 227]]

                           sec. xxxii--reading papers

      Where <> papers are laid before the House or referred to a committee
    every Member has a right to have them once read at the table before he
    can be compelled to vote on them; but it is a great though common error
    to suppose that he has a right, toties quoties, to have acts, journals,
    accounts, or papers on the table read independently of the will of the
    House. The delay and interruption which this might be made to produce
    evince the impossibility of the existence of such a right. There is,
    indeed, so manifest a propriety of permitting every Member to have as
    much information as possible on every question on which he is to vote,
    that when he desires the reading, if it be seen that it is really for
    information and not for delay, the Speaker directs it to be read without
    putting a question, if no one objects; but if objected to, a question
    must be put. 2 Hats., 117, 118.

      Until the 103d Congress the House, by former rule XXX, had a provision
    regarding the reading a paper other than that on which the House is
    called to give a final vote (see Sec. Sec. 964, 965, infra).

      It <> is equally an error to suppose that any Member has a right,
    without a question put, to lay a book or paper on the table, and have it
    read, on suggesting that it contains matter infringing on the privileges
    of the House. Ib.

    [[Page 228]]

      For <> the same reason a Member has not a right to read a paper in
    his place, if it be objected to, without leave of the House. But this
    rigor is never exercised but where there is an intentional or gross
    abuse of the time and patience of the House.
      A Member has not a right even to read his own speech, committed to
    writing, without leave. This also is to prevent an abuse of time, and
    therefore is not refused but where that is intended. 2 Grey, 227.
      A <> report of a committee of the Senate on a bill from the
    House of Representatives being under consideration: on motion that the
    report of the committee of the House of Representatives on the same bill
    be read in the Senate, it passed in the negative. Feb. 28, 1793.

      In the House ordinary reports are read only in time of debate (V,
    5292). But in a few cases, in which a report does not accompany a bill
    or other proposition of action, but presents facts and conclusions, it
    is read to the House if acted on (II, 1364; IV, 4663).

      Formerly, <> when
    papers were referred to a committee, they used to be first read; but of
    late only the titles, unless a Member insists they shall be read, and
    then nobody can oppose it. 2 Hats., 117.

      Under the rules, petitions, memorials, and communications are referred
    through the Clerk's desk, so that there is no opportunity for reading
    before reference, though messages from the President are read (clauses 1
    and 3 of rule XII; clause 2 of rule XIV). end segment .003
    deg. segment .004 -- Jefferson from sec. xxxiii  deg.

    [[Page 229]]

                        sec. xxxiii--privileged questions

      It is no <> possession of a bill unless it be delivered to the Clerk to
    read, or the Speaker reads the title. Lex. Parl., 274; Elysynge Mem.,
    85; Ord. House of Commons, 64.
      It is a <> general
    rule that the question first moved and seconded shall be first put.
    Scob., 28, 22; 2 Hats., 81. But this rule gives way to what may be
    called privileged questions; and the privileged questions are of
    different grades among themselves.

      In the House, by rule and practice, the system of privileged motions
    and privileged questions has been highly developed (rule IX, clause 5 of
    rule XIII, clause 1 of rule XIV, and clause 4 of rule XVI).

      A motion <> to
    adjourn simply takes place of all others; for otherwise the House might
    be kept sitting against its will, and indefinitely. Yet this motion can
    not be received after another question is actually put and while the
    House is engaged in voting.

      The rules and practice of the House have prescribed comprehensively
    the privilege and status of the motion to adjourn (clause 4 of rule
    XVI). The motion intervenes between the putting of the question and the
    voting, and also between the different methods of voting, as between a
    vote by division and a vote by yeas and nays, as after the yeas and nays
    are ordered and before the roll call begins (V, 5366). But after the
    roll call begins it may not be interrupted (V, 6053). Clause 4 of rule
    XVI was amended in the 93d Congress to provide that a motion that when
    the House adjourns on that day it stand adjourned to meet at a day and
    time certain is of equal privilege with the motion to adjourn, if the
    Speaker recognizes for that purpose (H. Res. 6, p. 26). In the 102d
    Congress the motion to authorize the Speaker to declare a recess was
    given an equal privilege (H. Res. 5, Jan. 3, 1991, p. 39).

    [[Page 230]]

      Orders of <> the day take place of all other questions, except
    for adjournment--that is to say, the question which is the subject of an
    order is made a privileged one, pro hac vice. The order is a repeal of
    the general rule as to this special case. When any Member moves,
    therefore, for the order of the day to be read, no further debate is
    permitted on the question which was before the House; for if the debate
    might proceed it might continue through the day and defeat the order.
    This motion, to entitle it to precedence, must be for the orders
    generally, and not for any particular one; and if it be carried on the
    question, ``Whether the House will now proceed to the orders of the
    day?'' they must be read and proceeded on in the course in which they
    stand, 2 Hats., 83; for priority of order gives priority of right, which
    cannot be taken away but by another special order of business.

      ``Orders of the day'' were part of the regular and daily order of
    business (IV, 3151). Although a mention of them has survived in clause 1
    of rule XIV, they have disappeared from the practice of the House (IV,
    3057) and should not be confused with ``special orders of business,''
    which are resolutions reported from the Committee on Rules pursuant to
    clause 5 of rule XIII to provide for consideration of matters not
    regularly in order. The term ``special orders'' is also used separately
    to describe permission to address the House at the conclusion of
    legislative business.
      After <> these there are other privileged questions, which will
    require considerable explanation.
      It is proper that every parliamentary assembly should have certain
    forms of questions, so adapted as to enable them fitly to dispose of
    every proposition which can be made to them.

    [[Page 231]]

    Such are: 1. The previous question. 2. To postpone indefinitely. 3. To
    adjourn a question to a definite day. 4. To lie on the table. 5. To
    commit. 6. To amend. The proper occasion for each of these questions
    should be understood.

      The House by clause 4 of rule XVI has established the priority and
    other conditions of motions of this kind.

      1. When a <> proposition is moved which it is useless or inexpedient now
    to express or discuss, the previous question has been introduced for
    suppressing for that time the motion and its discussion. 3 Hats., 188,
    189.

      The previous question of the parliamentary law has been changed by the
    House into an instrument of entirely different use (V, 5445; clause 1 of
    rule XIX).

      2. But as <> the
    previous question gets rid of it only for that day, and the same
    proposition may recur the next day, if they wish to suppress it for the
    whole of that session, they postpone it indefinitely. 3 Hats., 183. This
    quashes the proposition for that session, as an indefinite adjournment
    is a dissolution, or the continuance of a suit sine die is a
    discontinuance of it.

      As already explained, in the House the previous question is no longer
    used as a method of postponement (V, 5445) but a means to bring the
    pending matter to an immediate vote. The House does use the motion to
    postpone indefinitely, and in clause 4 of rule XVI and the practice
    thereunder, has defined the nature and use of the motion.

      3. When a <> motion is
    made which it will be proper to act on, but information is wanted, or
    something more pressing claims the present time, the question or de

    [[Page 232]]

    bate is adjourned to such a day within the session as will answer the
    views of the House. 2 Hats., 81. And those who have spoken before may
    not speak again when the adjourned debate is resumed. 2 Hats., 73.
    Sometimes, however, this has been abusively used by adjourning it to a
    day beyond the session, to get rid of it altogether as would be done by
    an indefinite postponement.

      The House does not use the motion to adjourn a debate. But it
    accomplishes the purpose of such a procedure by the motion to postpone
    to a day certain, which applies, not to a debate, but to the bill or
    other proposition before the House. Of course, if a bill that is under
    debate is postponed, the effect is to postpone the debate. The
    conditions and use of the motion are treated under clause 4 of rule XVI.

      4. When the <> House has
    something else which claims its present attention, but would be willing
    to reserve in their power to take up a proposition whenever it shall
    suit them, they order it to lie on their table. It may then be called
    for at any time.

      This is the use of the motion to lay on the table that is established
    in the general parliamentary law, and was followed in the early practice
    of the House. But by an interesting evolution in the House the motion
    has now come to serve an entirely new purpose, being used for the final,
    adverse disposition of a matter (clause 4 of rule XVI; V, 5389). And a
    matter once laid on the table may be taken therefrom only by suspension
    of the rules (V, 6288) or similar process, unless it be a matter of
    privilege (V, 5438, 5439) such as bills vetoed by the President (IV,
    3549; V, 5439). A proposition to impeach having been laid on the table,
    a similar or identical proposition may be again brought up (III, 2049;
    VI, 541).

      5. If the <> proposition will want more amendment and digestion than the
    formalities of the House will conveniently admit, they refer it to a
    committee.

    [[Page 233]]

      6. But if the proposition be well digested, and may need but few and
    simple amendments, and especially if these be of leading consequence,
    they then proceed to consider and amend it themselves.

      In the House it is the general rule that business goes to committees
    before receiving consideration in the House itself. Occasionally a
    question of privilege or other matter is presented and considered at
    once by the House.

      The Senate, <> in their practice, vary from this regular graduation of
    forms. Their practice comparatively with that of Parliament stands thus:

                     for the parliamentary: the senate uses:

                                            {   Postponement to a day beyond
    Postponement indefinite,                {   the session.
                                                Postponement to a day within
    Adjournment,                            {   the session.
                                            {   Postponement indefinite.
    Lying on table,                         {   Lying on the table.

      In their eighth rule, therefore, which declares that while a question
    is before the Senate no motion shall be received, unless it be for the
    previous question, or to postpone, commit, or amend the main question,
    the term postponement must be understood according to their broad use of
    it, and not in its parliamentary sense. Their rule, then, establishes as
    privileged questions the pre

    [[Page 234]]

    vious question, postponement, commitment, and amendment.

      The House governs these motions by clause 4 of rule XVI.

      But it may <> be asked: Have these questions any privilege among
    themselves? or are they so equal that the common principle of the
    ``first moved first put'' takes place among them? This will need
    explanation. Their competitions may be as follows:
    1. Previous question and postpone  }
                        commit         }
                        amend          }    In the first, second, and
    2. Postpone and previous question  }      third classes, and the first
                        commit         }      member of the fourth class,
                        amend          }      the rule ``first moved first
    3. Commit and previous question    }      put'' takes place.
                        postpone       }
                        amend          }
    4. Amend and previous question     }
                        postpone       }
                        commit         }

      In the first class, where the previous question is first moved, the
    effect is peculiar; for it not only prevents the after motion to
    postpone or commit from being put to question before it, but also from
    being put after it; for if the previous question be decided
    affirmatively, to wit, that the main question shall now be put, it would
    of

    [[Page 235]]

    course be against the decision to postpone or commit; and if it be
    decided negatively, to wit, that the main question shall not now be put,
    this puts the House out of possession of the main question, and
    consequently there is nothing before them to postpone or commit. So that
    neither voting for nor against the previous question will enable the
    advocates for postponing or committing to get at their object. Whether
    it may be amended shall be examined hereafter.

      Although clause 4 of rule XVI now governs the priority of motions,
    these provisions of the Manual remain of interest because of the
    parliamentary theory they present.

      Second class. <> If postponement be decided affirmatively, the proposition is
    removed from before the House, and consequently there is no ground for
    the previous question, commitment or amendment; but if decided
    negatively (that it shall not be postponed), the main question may then
    be suppressed by the previous question, or may be committed, or amended.

      The previous question is used now for bringing a vote on the main
    question and not for suppressing it.

      The third class is subject to the same observations as the second.
      The fourth class. Amendment of the main question first moved, and
    afterwards the previous question, the question of amendment shall be
    first put.

      In present practice of the House the question on the previous question
    would be put first, and being decided affirmatively would force a vote
    on the amendment and then on the main question.

    [[Page 236]]

      Amendment and postponement competing, postponement is first put, as
    the equivalent proposition to adjourn the main question would be in
    Parliament. The reason is that the question for amendment is not
    suppressed by postponing or adjourning the main question, but remains
    before the House whenever the main question is resumed; and it might be
    that the occasion for other urgent business might go by, and be lost by
    length of debate on the amendment, if the House had it not in their
    power to postpone the whole subject.
      Amendment and commitment. The question for committing, though last
    moved shall be first put; because, in truth, it facilitates and
    befriends the motion to amend. Scobell is express: ``On motion to amend
    a bill, anyone may notwithstanding move to commit it, and the question
    for commitment shall be first put.'' Scob., 46.

      These principles of priority of privileged motions are recognized in
    the House, and are provided for by clause 4 of rule XVI.

      We have <> hitherto considered the
    case of two or more of the privileged questions contending for privilege
    between themselves, when both are moved on the original or main
    question; but now let us suppose one of them to be moved, not on the
    original primary question, but on the secondary one, e.g.:
      Suppose a motion to postpone, commit, or amend the main question, and
    that it be moved to suppress that motion by putting a previous

    [[Page 237]]

    question on it. This is not allowed, because it would embarrass
    questions too much to allow them to be piled on one another several
    stories high; and the same result may be had in a more simple way--by
    deciding against the postponement, commitment, or amendment. 2. Hats.,
    81, 2, 3, 4.

      Although the general principle that one secondary or privileged motion
    should not be applied to another is generally recognized in the House,
    the entire change in the nature of the previous question (V, 5445) from
    a means of postponing a matter to a means of compelling an immediate
    vote, makes obsolete the parliamentary rule. Because the motions to
    postpone, commit, and amend are all debatable, the modern previous
    question of course applies to them (clause 1 of rule XIX).

      Suppose a <> motion for the previous question, or commitment or
    amendment of the main question, and that it be then moved to postpone
    the motion for the previous question, or for commitment or amendment of
    the main question. 1. It would be absurd to postpone the previous
    question, commitment, or amendment, alone, and thus separate the
    appendage from its principal; yet it must be postponed separately from
    its original, if at all; because the eighth rule of the Senate says that
    when a main question is before the House no motion shall be received but
    to commit, amend, or pre-question the original question, which is the
    parliamentary doctrine also. Therefore the motion to postpone the
    secondary motion for the previous question, or for committing or
    amending, can not be received. 2. This is a piling of questions one on
    another; which, to avoid embarrassment, is not allowed. 3. The

    [[Page 238]]

    same result may be had more simply by voting against the previous
    question, commitment, or amendment.
      Suppose a commitment moved of a motion for the previous question, or
    to postpone or amend. The first, second, and third reasons, before
    stated, all hold against this.

      The principles of this paragraph are in harmony with the practice of
    the House, which provides further that a motion to suspend the rules may
    not be postponed (V, 5322).

      Suppose an <> amendment moved to a motion for the previous
    question. Answer: The previous question can not be amended.
    Parliamentary usage, as well as the ninth rule of the Senate, has fixed
    its form to be, ``Shall the main question be now put?''--i.e., at this
    instant; and as the present instant is but one, it can admit of no
    modification. To change it to to-morrow, or any other moment, is without
    example and without utility. * * *
      Although the nature of the previous question has entirely changed, the
    principle of the parliamentary law applies to the new form.

      * * * But suppose a <> motion to amend a motion for
    postponement, as to one day instead of another, or to a special instead
    of an indefinite time. The useful character of amendment gives it a
    privilege of attaching itself to a secondary and privileged motion; that
    is, we may amend a postponement of a main question. So, we may amend a
    commitment of a main question, as by adding,

    [[Page 239]]

    for example, ``with instructions to inquire,'' &c. * * *
      This principle is recognized in the practice of the House (V, 5521).

      * * * In like <> manner, if an amendment be moved to an amendment, it is
    admitted; but it would not be admitted in another degree, to wit, to
    amend an amendment to an amendment of a main question. This would lead
    to too much embarrassment. The line must be drawn somewhere, and usage
    has drawn it after the amendment to the amendment. The same result must
    be sought by deciding against the amendment to the amendment, and then
    moving it again as it was wished to be amended. In this form it becomes
    only an amendment to an amendment.

      This rule of the parliamentary law is considered fundamental in the
    House (clause 6 of rule XVI).

      [In filling <> a blank with a sum, the largest sum shall be first put to the
    question, by the thirteenth rule of the Senate, contrary to the rule of
    Parliament, which privileges the smallest sum and longest time. 5 Grey,
    179; 2 Hats., 8, 83; 3 Hats., 132, 133.] And this is considered to be
    not in the form of an amendment to the question, but as alternative or
    successive originals. In all cases of time or number, we must consider
    whether the larger comprehends the lesser, as in a question to what day
    a postponement shall be, the number of a committee, amount of a fine,
    term of an imprisonment, term of irredeemability of a loan, or the
    terminus in quem in any other case; then

    [[Page 240]]

    the question must begin a maximo. Or whether the lesser includes the
    greater, as in questions on the limitation of the rate of interest, on
    what day the session shall be closed by adjournment, on what day the
    next shall commence, when an act shall commence or the terminus a quo in
    any other case where the question must begin a minimo; the object being
    not to begin at that extreme which, and more, being within every man's
    wish, no one could negative it, and yet, if he should vote in the
    affirmative, every question for more would be precluded; but at that
    extreme which would unite few, and then to advance or recede till you
    get to a number which will unite a bare majority. 3 Grey, 376, 384, 385.
    ``The fair question in this case is not that to which, and more, all
    will agree, but whether there shall be addition to the question.'' 1
    Grey, 365.

      The thirteenth rule of the Senate has been dropped. The House has no
    rule on the subject other than this provision of the parliamentary law.
    It is very rare for the House to fill blanks for numbers. When a number
    in pending text is to be changed by amendment, the practice of the House
    permits to be pending: the alternative number proposed in the amendment
    to the text; a second alternative number as an amendment to the
    amendment; a third as a substitute; and a fourth as an amendment to the
    substitute. Thus, if the pending text itself states a number, then five
    alternative numbers may be pending simultaneously. With respect to a
    concurrent resolution on the budget (which is considered as read and
    open to amendment at any point and to which amendments must be
    mathematically consistent under clause 10 of rule XVIII), adoption of a
    perfecting amendment changing several figures precludes further
    amendment merely changing those figures, but does not preclude more
    comprehensive amendments changing other portions of the resolution that
    have not been amended as well (Apr. 27, 1977, p. 12485). In recent
    practice an amount in an appropriation bill has been changed by
    inserting a parenthetical ``increased by'' or ``decreased by'' after the
    amount rather than by directly changing the number.

    [[Page 241]]

      Another <> exception to the rule of priority is when a motion
    has been made to strike out, or agree to, a paragraph. Motions to amend
    it are to be put to the question before a vote is taken on striking out
    or agreeing to the whole paragraph.

      In the House the principle that a text should be perfected before a
    question is taken on striking it, and that an amendment should be
    perfected before agreeing to it, is well established. But in considering
    bills, even by paragraphs, the House does not agree to the paragraphs
    severally; but after amending one passes to the next, and the question
    on agreeing is taken only on the whole bill by the several votes on
    engrossment and passage.

      But there <> are
    several questions which, being incidental to every one, will take place
    of every one, privileged or not; to wit, a question of order arising out
    of any other question must be decided before that question. 2 Hats., 88.

      This principle governs the procedure of the House, but a question of
    order arising after a motion for the previous question must be decided
    without debate (clause 1 of rule XIX).
      A matter of <> privilege arising out of any question, or from a quarrel
    between two Members, or any other cause, supersedes the consideration of
    the original question, and must be first disposed of. 2 Hats., 88.

      Rule IX and the practice thereunder, confirm and amplify the
    principles of this provision of the parliamentary law.
    <>   Reading papers relative to the question before the House.
    This question must be put before the principal one. 2 Hats., 88.

    [[Page 242]]

      This provision formerly applied in the House to the reading of papers
    other than those on which the House was to vote. That was under an
    earlier form of clause 6 of rule XVII, which now applies only to the use
    of exhibits in debate. For a history of the former rule on reading
    papers and an explanation of the earlier practice, see Sec. Sec. 963-
    965, infra.

      Leave asked <> to withdraw a
    motion. The rule of Parliament being that a motion made and seconded is
    in the possession of the House, and can not be withdrawn without leave,
    the very terms of the rule imply that leave may be given, and,
    consequently, may be asked and put to the question.

      The House does not vote on the withdrawal of motions, but provides by
    clause 2 of rule XVI and clause 5 of rule XVIII the conditions under
    which a Member may of right withdraw a motion.

                        sec. xxxiv--the previous question

      When any <> question is before the House, any Member may move a
    previous question, ``Whether that question (called the main question)
    shall now be put?'' If it pass in the affirmative, then the main
    question is to be put immediately, and no man may speak anything further
    to it, either to add or alter. Memor. in Hakew., 28; 4 Grey, 27.
      The previous <> question being moved and seconded, the question from the
    Chair shall be, ``Shall the main question be now put?'' and if the nays
    prevail, the main question shall not then be put.

      This kind of <> question is understood by Mr. Hatsell to have
    been introduced in 1604. 2 Hats., 80. Sir Henry Vane introduced it. 2
    Grey, 113, 114; 3

    [[Page 243]]

    Grey, 384. When the question was put in this form, ``Shall the main
    question be put?'' a determination in the negative suppressed the main
    question during the session; but since the words ``now put'' are used,
    they exclude it for the present only; formerly, indeed, only till the
    present debate was over, 4 Grey, 43, but now for that day and no longer.
    2 Grey, 113, 114.
      Before the question ``Whether the main question shall now be put?''
    any person might formerly have spoken to the main question, because
    otherwise he would be precluded from speaking to it at all. Mem. in
    Hakew., 28.
      The proper occasion for the previous question is when a subject is
    brought forward of a delicate nature as to high personages, &c., or the
    discussion of which may call forth observations which might be of
    injurious consequences. Then the previous question is proposed, and in
    the modern usage the discussion of the main question is suspended and
    the debate confined to the previous question. The use of it has been
    extended abusively to other cases, but in these it has been an
    embarrassing procedure. Its uses would be as well answered by other more
    simple parliamentary forms, and therefore it should not be favored, but
    restricted within as narrow limits as possible.

      As explained in connection with clause 1 of rule XIX, the House has
    changed entirely the old use of the previous question (V, 5445).

    [[Page 244]]

                              sec. xxxv--amendments

    <>   On an amendment being moved, a
    Member who had spoken to the main question may speak again to the
    amendment. Scob., 23.

      This parliamentary rule applies in the House, where the hour rule of
    debate (clause 2 of rule XVII) has been in force since 1841. A Member
    who has spoken an hour to the main question, may speak another hour to
    an amendment (V, 4994; VIII, 2449).

      If an <> amendment be proposed
    inconsistent with one already agreed to, it is a fit ground for its
    rejection by the House, but not within the competence of the Speaker to
    suppress as if it were against order. For were he permitted to draw
    questions of consistence within the vortex or order, he might usurp a
    negative on important modifications, and suppress, instead of
    subserving, the legislative will.

      The practice of the House follows and extends the principle set forth
    by Jefferson. Thus it has been held that the fact that a proposed
    amendment is inconsistent with the text or embodies a proposition
    already voted (II, 1328-1336; VIII, 2834), or would in effect change a
    provision of text to which both Houses have agreed (II, 1335; V, 6183-
    6185), or is contained in substance in a later portion of the bill (II,
    1327), is a matter to be passed on by the House rather than by the
    Speaker. It is for the House rather than the Speaker to decide on the
    legislative or legal effect of a proposition (II, 1323, 1324; VI, 254;
    VII, 2112; VIII, 2280, 2841), and the change of a single word in the
    text of a proposition may be sufficient to prevent the Speaker from
    ruling it out of order as one already disposed of by the House (II,
    1274). The principle has been the subject of conflicting decisions, from
    which may be deduced the rule that the Chair may not rule out the
    proposition unless it presents a substantially identical proposition
    (VI, 256; VIII, 2834, 2835, 2838, 2840, 2842, 2850, 2856).
      A perfecting amendment offered to an amendment in the nature of a
    substitute may be offered again as an amendment to the original bill if
    the amendment is first rejected or if the amendment in the nature of a
    substitute as perfected is rejected (Sept. 28, 1976, p. 33075).
    Rejection of

    [[Page 245]]

    an amendment consisting of two sections does not preclude one of those
    sections being subsequently offered as a separate amendment (July 15,
    1981, p. 15898), and the rejection of several amendments considered en
    bloc does not preclude their being offered separately at a subsequent
    time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932). A point of
    order against an amendment to a substitute does not lie merely because
    its adoption would have the same effect as the adoption of a pending
    amendment to the original amendment and would render the substitute as
    amended identical to the original amendment as amended (May 4, 1983, p.
    11059).

      Amendments may <> be made so as totally to alter
    the nature of the proposition; and it is a way of getting rid of a
    proposition by making it bear a sense different from what it was
    intended by the movers, so that they vote against it themselves. 2
    Hats., 79; 4, 82, 84. A new bill may be ingrafted, by way of amendment,
    on the words, ``Be it enacted,'' etc. 1 Grey, 190, 192.

      This was the rule of Parliament, which did not require an amendment to
    be germane (V, 5802, 5825). But the House from its first organization,
    has by rule required that an amendment should be germane to the pending
    proposition (clause 7 of rule XVI).

      If it be <> proposed to amend by leaving out certain words, it may be moved,
    as an amendment to this amendment, to leave out a part of the words of
    the amendment, which is equivalent to leaving them in the bill. 2 Hats.,
    80, 9. The parliamentary question is, always, whether the words shall
    stand part of the bill.

      In the House the question herein described is never put, but is always
    whether the words shall be stricken; and if there is a desire that
    certain of the words included in the amendment remain part of the bill,
    it is expressed, not by amending the amendment, but by a preferential
    perfecting amendment to strike from the specified words in the text of
    the bill a portion of them. If this is carried that portion of the
    specified words is stricken from the bill and the vote then recurs on
    the original amendment (V, 5770). Where a motion to strike an entire
    title of a bill is pending,

    [[Page 246]]

    it is in order to offer, as a perfecting amendment to that title, a
    motion to strike a lesser portion thereof, and the perfecting amendment
    is voted on first (June 11, 1975, p. 18435). And when a motion to strike
    certain words is disagreed to, it is in order to move to strike a
    portion of those words (V, 5769); but when it is proposed to strike
    certain words in a paragraph, it is not in order to amend those words by
    including with them other words of the paragraph (V, 5768; VIII, 2848;
    June 2, 1976, pp. 16208-10). It is in order to insert by way of
    amendment a paragraph similar (but not actually identical) to one
    already stricken by amendment (V, 5760; Sept. 2, 1976, pp. 28939-58).

      When it is <> proposed to amend by inserting a paragraph, or
    part of one, the friends of the paragraph may make it as perfect as they
    can by amendments before the question is put for inserting it. If it be
    received, it cannot be amended afterward in the same stage, because the
    House has, on a vote, agreed to it in that form. In like manner, if it
    is proposed to amend by striking out a paragraph, the friends of the
    paragraph are first to make it as perfect as they can by amendments,
    before the question is put for striking it out. If on the question it be
    retained, it cannot be amended afterward, because a vote against
    striking out is equivalent to a vote agreeing to it in that form.

      These principles are recognized as in force in the House, with the
    exception that clause 5(c) of rule XVI specifically provides that the
    rejection of a motion to strike shall preclude neither amendment nor
    motion to strike and insert. However, after an amendment to insert has
    been agreed to, the matter inserted ordinarily may not then be amended
    (V, 5761-5763; VIII, 2852) in any way that would change its text. Where
    a special order of business provides that an amendment inserting a
    provision in the bill be considered as adopted, an amendment to strike
    that provision is not in order (May 23, 2002, pp. 8920-24). However, an
    amendment may be added at the end (V, 5759, 5764, 5765; Dec. 14, 1973,
    p. 41740; Oct. 1, 1974, p. 33364), even if the perfecting amendment that
    was adopted struck out all after the short title of the amendment in the
    nature of a substitute and inserted a new text (May 16, 1979, p. 11480).
    Although an amendment

    [[Page 247]]

    that has been adopted to an amendment (in the nature of a substitute)
    may not be further amended, another amendment adding language at the end
    of the amendment may still be offered (June 10, 1976, pp. 17368-75,
    17381; May 16, 1984, pp. 12566-67), and the Chair will not rule on the
    consistency of that language with the adopted amendment (June 10, 1976,
    p. 17381).
      Although it may be in order to offer an amendment to the pending
    portion of the bill that not only changes a provision already amended
    but also changes an unamended pending portion of the bill, it is not in
    order merely to amend portions of the bill that have been changed by
    amendment (Mar. 11, 1999, p. 4335), or to amend unamended portions that
    have been passed in the reading and are no longer open to amendment
    (July 12, 1983, p. 18771), or to amend a figure already amended
    (Deschler, ch. 27, Sec. 33.2; July 17, 1995, p. 19186), even if also
    changing other matter not already amended, where drafted as though the
    earlier amendment had not been adopted (Mar. 15, 1995, p. 8025; Mar. 16,
    1995, p. 8110; Mar. 16, 1995, p. 8112; July 17, 1995, p. 19196). A point
    of order that a pending amendment proposes to change portions of the
    bill that have been changed by earlier amendment may be made after a
    unanimous-consent request to modify the amendment has been disposed of
    but before debate has begun (Mar. 11, 1999, p. 4335). Where the vote on
    an amendment to strike a section and insert new language is postponed by
    the chair of the Committee of the Whole, an amendment to strike the same
    section and insert different language is in order; and if both
    amendments are adopted, the second amendment adopted supersedes the
    first and is the only one reported to the House (Aug. 6, 1998, p.
    19125).
      When it is proposed to perfect a paragraph, a motion to strike it, if
    already pending, must remain in abeyance until the amendments to perfect
    have been moved and voted on (V, 5758; VIII, 2860; May 5, 1992, p.
    10110; Oct. 12, 1995, p. 27816; July 27, 1999, p. 18074). If further
    proceedings are postponed on the perfecting amendment, debate may
    continue on the underlying motion to strike (July 27, 1999). While
    amendments are pending to a section, a motion to strike it may not be
    offered (V, 5771; VIII, 2861; Sept. 23, 1982, p. 24963; July 25, 1995,
    p. 20299). The motion to strike may be voted on (if already pending) or
    subsequently offered after disposition of the perfecting amendment, so
    long as the provision sought to be stricken has not been rewritten
    entirely (Sept. 23, 1982, p. 24963; July 25, 1995, p. 20299). While a
    motion to strike is pending, it is in order to offer an amendment to
    perfect the language proposed to be stricken (Apr. 24, 1996, p. 8777);
    such an amendment, which is in the first degree, may be amended by a
    substitute, and amendments to the substitute are also in order (Oct. 19,
    1983, p. 28283), and such perfecting amendment, if agreed to when voted
    on first, remains part of the bill if the motion to strike is then
    rejected (Sept. 18, 1986, p. 28123). When a motion to strike a paragraph
    is pending and the paragraph is perfected by an amendment, striking and
    inserting an entire new text, the pending motion to

    [[Page 248]]

    strike must fall, because it would not be in order to strike exactly
    what has been just voted to insert (V, 5792; VIII, 2854; July 12, 1951,
    p. 8090; Sept. 23, 1975, p. 29835; Aug. 5, 1986, p. 19059; May 18, 1988,
    p. 11404; Apr. 24, 1996, p. 8781). A motion to strike and insert a
    portion of a pending section is not in order as a substitute for a
    motion to strike the section, but may be offered as a perfecting
    amendment to the section and is voted on first, subject to being
    eliminated by subsequent adoption of the motion to strike (July 16,
    1981, p. 16057).

      When it is <> moved to amend by striking
    out certain words and inserting others, the manner of stating the
    question is first to read the whole passage to be amended as it stands
    at present, then the words proposed to be struck out, next those to be
    inserted, and lastly the whole passage as it will be when amended. And
    the question, if desired, is then to be divided, and put first on
    striking out. If carried, it is next on inserting the words proposed. If
    that be lost, it may be moved to insert others. 2 Hats., 80, 7.

      Clause 5(c) of rule XVI provides that the motion to strike and insert
    is not divisible. As to the manner of stating the question, the Clerk
    reads only the words to be stricken and the words to be inserted.

      A motion <> is made to amend by striking out certain words and
    inserting others in their place, which is negatived. Then it is moved to
    strike out the same words, and to insert others of a tenor entirely
    different from those first proposed. It is negatived. Then it is moved
    to strike out the same words and insert nothing, which is agreed to. All
    this is admissible, because to strike out and insert A is one
    proposition. To strike out and insert B is a different proposition. And
    to strike out and insert nothing is still different.

    [[Page 249]]

    And the rejection of one proposition does not preclude the offering a
    different one. Nor would it change the case were the first motion
    divided by putting the question first on striking out, and that
    negatived; for, as putting the whole motion to the question at once
    would not have precluded, the putting the half of it cannot do it.

      As to Jefferson's supposition that the principle would hold good in
    case of division of the motion to strike and insert it is not necessary
    to inquire, because clause 5(c) of rule XVI forbids division of that
    motion. In a footnote Jefferson expressed himself as follows: ``In the
    case of a division of the question, and a decision against striking out,
    I advanced doubtingly the opinion here expressed. I find no authority
    either way, and I know it may be viewed under a different aspect. It may
    be thought that, having decided separately not to strike the passage,
    the same question for striking out cannot be put over again, though with
    a view to a different insertion. Still I think it more reasonable and
    convenient to consider the striking out and insertion as forming one
    proposition, but should readily yield to any evidence that the contrary
    is the practice in Parliament.'' Where two amendments proposing
    inconsistent motions to strike and insert a pending section are
    considered as separate first degree amendments (not one as a substitute
    for the other) before either is finally disposed of under a special
    procedure permitting the Chair to postpone requests for a recorded vote,
    the Chair's order of voting on the matter as unfinished business
    determines which amendment (if both were adopted) would be reported to
    the House (Aug. 6, 1998, pp. 19098-107).
      The principle <> set forth by Jefferson as to repetition of the motion to
    strike prevails in the House, where it has been held in order, after the
    failure of a motion to strike certain words, to move to strike a portion
    of those words (V, 5769; VIII, 2858). When a bill is under consideration
    by paragraphs, a motion to strike can apply only to the paragraph under
    consideration (V, 5774).

      But if <> it had been carried affirmatively to strike out the
    words and to insert A, it could not afterward be permitted to strike out
    A and insert B. The mover of B should have notified, while the insertion
    of A was under debate, that he would

    [[Page 250]]

    move to insert B; in which case those who preferred it would join in
    rejecting A.

      This principle controls the practice of the House (July 17, 1985, p.
    19444; July 18, 1985, p. 19649; Deschler, ch. 27, Sec. 31.14).

      After A <> is inserted, however, it may be moved to strike out a
    portion of the original paragraph, comprehending A, provided the
    coherence to be struck out be so substantial as to make this effectively
    a different proposition; for then it is resolved into the common case of
    striking out a paragraph after amending it. Nor does anything forbid a
    new insertion, instead of A and its coherence.

      Although it is not in order to move to strike a provision inserted by
    amendment (Oct. 9, 1985, p. 26957), a motion to strike more than that
    provision inserted would be in order (Apr. 23, 1975, p. 11536). But an
    amendment to strike the pending title of a bill and re-insert all
    sections of that title except one is not in order if that section has
    previously been amended in its entirety (Aug. 1, 1975, p. 26946).

      In Senate, <> January 25, 1798, a motion to postpone until the second Tuesday
    in February some amendments proposed to the Constitution; the words
    ``until the second Tuesday in February'' were struck out by way of
    amendment. Then it was moved to add, ``until the first day of June.''
    Objected that it was not in order, as the question should be first put
    on the longest time; therefore, after a shorter time decided against, a
    longer cannot be put to question. It was answered that this rule takes
    place only in filling blanks for time. But when a specific time stands
    part of a motion, that may be struck out as well

    [[Page 251]]

    as any other part of the motion; and when struck out, a motion may be
    received to insert any other. In fact, it is not until they are struck
    out, and a blank for the time thereby produced, that the rule can begin
    to operate, by receiving all the propositions for different times, and
    putting the questions successively on the longest. Otherwise it would be
    in the power of the mover by inserting originally a short time, to
    preclude the possibility of a longer; for till the short time is struck
    out, you cannot insert a longer; and if, after it is struck out, you
    cannot do it, then it cannot be done at all. Suppose the first motion
    had been made to amend by striking out ``the second Tuesday in
    February,'' and inserting instead thereof ``the first of June,'' it
    would have been regular, then, to divide the question, by proposing
    first the question to strike out, and then that to insert. Now, this is
    precisely the effect of the present proceeding; only, instead of one
    motion and two questions, there are two motions and two questions to
    effect it--the motion being divided as well as the question.

      The principles of this paragraph have been followed in the House (V,
    5763; Aug. 16, 1961, p. 16059), but in one case wherein words embodying
    a distinct substantive proposition had been agreed to as an amendment to
    a paragraph, it was held not in order to strike a part of the words of
    this amendment with other words of the paragraph (V, 5766).
      The motion to strike and insert may not be divided in the House
    (clause 5(c) of rule XVI).

      When the <> matter
    contained in two bills might be better put into one, the manner is to
    reject the one and incorporate its matter into another bill by way of
    amend

    [[Page 252]]

    ment. So if the matter of one bill would be better distributed into two,
    any part may be struck out by way of amendment, and put into a new bill.
    * * *

      In the modern practice each bill comes before the House by itself; and
    if it were proposed to join one bill to another it would be done by
    offering the text of the one as an amendment to the other, without
    disturbing the first bill in its place on the calendar. The Committee on
    Rules may report a special order providing for separate consideration of
    two or more bills and, after passage of each, ``linking'' them by adding
    the text of the subsequent bills to the engrossment of the first,
    sometimes tabling the separate versions of the subsequent bills (e.g.,
    June 16, 1999, p. 13080).

      * * * If a <> section is to be transposed, a question must be put on striking
    it out where it stands and another for inserting it in the place
    desired.

      This principle is followed in the practice of the House (V, 5775,
    5776).

      A bill <> passed by the one House with blanks. These may be filled up by
    the other by way of amendments, returned to the first as such, and
    passed 3 Hats., 83.
      The number <> prefixed to the section of a bill, be merely a marginal
    indication, and no part of the text of the bill, the Clerk regulates
    that--the House or committee is only to amend the text.

      In the modern practice of the House, section numbers and other
    internal references are considered as part of the text that may be
    altered by amendment. The House sometimes authorizes the Clerk to make
    appropriate changes in section numbers, paragraphs and punctuation, and
    cross references when preparing the engrossment of the bill. Such a
    request is properly made in the House, following passage of the bill
    (Apr. 29, 1969, p. 10753).

    [[Page 253]]

                      sec. xxxvi--division of the question

      If a question <> contain more parts than one, it may be divided into two or
    more questions. Mem. in Hakew., 29. But not as the right of an
    individual member, but with the consent of the House. For who is to
    decide whether a question is complicated or not--where it is
    complicated--into how many propositions it may be divided? The fact is,
    that the only mode of separating a complicated question is by moving
    amendments to it; and these must be decided by the House, on a question,
    unless the House orders it to be divided; as, on the question, December
    2, 1640, making void the election of the knights for Worcester, on a
    motion it was resolved to make two questions of it, to wit, one on each
    knight. 2 Hats., 85, 86. So, wherever there are several names in a
    question, they may be divided and put one by one. 9 Grey, 444. So, 1729,
    April 17, on an objection that a question was complicated, it was
    separated by amendment. 2 Hats., 79.

      The House, by clause 5 of rule XVI and the practice thereunder, has
    entitled a procedure differing materially from that above set forth.
    Although a resolution electing Members to committees is not divisible
    (clause 5 of rule XVI), other types of resolutions containing several
    names may be divided for voting (Mar. 19, 1975, p. 7344).

      The soundness <> of these observations will be evident from the
    embarrassments produced by the XVIIIth rule of the Senate, which says,
    ``if the question in debate contains several points, any member may have
    the same divided.''

    [[Page 254]]

      1798, May 30, the alien bill in quasi-committee. To a section and
    proviso in the original, had been added two new provisos by way of
    amendment. On a motion to strike out the section as amended, the
    question was desired to be divided. To do this it must be put first on
    striking out either the former proviso, or some distinct member of the
    section. But when nothing remains but the last member of the section and
    the provisos, they cannot be divided so as to put the last member to
    question by itself, for the provisos might thus be left standing alone
    as exceptions to a rule when the rule is taken away; or the new provisos
    might be left to a second question, after having been decided on once
    before at the same reading, which is contrary to rule. But the question
    must be on striking out the last member of the section as amended. This
    sweeps away the exceptions with the rule, and relieves from
    inconsistence. A question to be divisible must comprehend points so
    distinct and entire that one of them being taken away, the other may
    stand entire. But a proviso or exception, without an enacting clause,
    does not contain an entire point or proposition.
      May 31.--The same bill being before the Senate. There was a proviso
    that the bill should not extend--1. To any foreign minister; nor, 2. To
    any person to whom the President should give a passport; nor, 3. To any
    alien merchant conforming himself to such regulations as the President
    shall prescribe; and a division of the question into its simplest
    elements was called for. It

    [[Page 255]]

    was divided into four parts, the 4th taking in the words ``conforming
    himself,'' &c. It was objected that the words ``any alien merchant,''
    could not be separated from their modifying words, ``conforming,'' &c.,
    because these words, if left by themselves, contain no substantive idea,
    will make no sense. But admitting that the divisions of a paragraph into
    separate questions must be so made as that each part may stand by
    itself, yet the House having, on the question, retained the two first
    divisions, the words ``any alien merchant'' may be struck out, and their
    modifying words will then attach themselves to the preceding description
    of persons, and become a modification of that description.
      When a <> question is divided, after the question on the 1st member,
    the 2d is open to debate and amendment; because it is a known rule that
    a person may rise and speak at any time before the question has been
    completely decided, by putting the negative as well as the affirmative
    side. But the question is not completely put when the vote has been
    taken on the first member only. One-half the question, both affirmative
    and negative, remains still to be put. See Execut. Jour., June 25, 1795.
    The same decision by President Adams.

      Where a division of the question is demanded on a portion of an
    amendment, the Chair puts the question first on the remaining portions
    of the amendment, and that portion on which the division is demanded
    remains open for further debate and amendment (Oct. 21, 1981, p. 24785).
    However, where neither portion of a divided question remains open to
    further debate or amendment, the question may be put first on the
    portion identified by the demand for division and then on the remainder
    (June 8, 1995, p. 15302).

    [[Page 256]]

                        sec. xxxvii--coexisting questions

      It may be <> asked whether the House can be in possession of two motions
    or propositions at the same time? so that, one of them being decided,
    the other goes to question without being moved anew? The answer must be
    special. When a question is interrupted by a vote of adjournment, it is
    thereby removed from before the House, and does not stand ipso facto
    before them at their next meeting, but must come forward in the usual
    way. So, when it is interrupted by the order of the day. Such other
    privileged questions also as dispose of the main question (e.g., the
    previous question, postponement, or commitment), remove it from before
    the House. But it is only suspended by a motion to amend, to withdraw,
    to read papers, or by a question of order or privilege, and stands again
    before the House when these are decided. None but the class of
    privileged questions can be brought forward while there is another
    question before the House, the rule being that when a motion has been
    made and seconded, no other can be received except it be a privileged
    one.

      The principles of this provision must, of course, be viewed in the
    light of a more highly perfected order of business than existed in
    Jefferson's time (rule XIV). The motion to withdraw is not known in the
    practice of the House, not being among the motions enumerated in clause
    4 of rule XVI, but a motion before the House may be withdrawn by the
    mover thereof before a decision is reached (clause 2 of rule XVI).

    [[Page 257]]

                       sec. xxxviii--equivalent questions

      If, on a <> question for rejection, a bill be retained, it
    passes, of course, to its next reading. Hakew., 141; Scob., 42. And a
    question for a second reading, determined negatively, is a rejection
    without further question. 4 Grey, 149. And see Elsynge's Memor., 42, in
    what case questions are to be taken for rejection.

      The House has abandoned the question ``Shall the bill be rejected?''
    (IV, 3391), and the question is now taken in accordance with clause 8 of
    rule XVI. A vote is not taken on the second reading, the first test
    coming in the modern practice of the House on the engrossment and third
    reading.

      Where questions <> are perfectly equivalent, so that the negative of the one
    amounts to the affirmative of the other, and leaves no other
    alternative, the decision of the one concludes necessarily the other. 4
    Grey, 157. Thus the negative of striking out amounts to the affirmative
    of agreeing; and therefore to put a question on agreeing after that on
    striking out, would be to put the same question in effect twice over.
    Not so in questions of amendments between the two Houses. A motion to
    recede being negatived, does not amount to a positive vote to insist,
    because there is another alternative, to wit, to adhere.

      The principles set forth in this paragraph are recognized by the
    practice of the House; but Jefferson's use of the motion to strike as an
    illustration is no longer justified, because the practice of the House
    under clause 5(c) of rule XVI does not permit the negative of the motion
    to strike to be equivalent to the affirmative of agreeing.

    [[Page 258]]

      A bill <> originating in one House is passed by the other with an
    amendment. A motion in the originating House to agree to the amendment
    is negatived. Does there result from this a vote of disagreement, or
    must the question on disagreement be expressly voted? The question
    respecting amendments from another House are--1st, to agree; 2d,
    disagree; 3d, recede; 4th, insist; 5th, adhere.

      In the House and the Senate the order of precedence of motions is as
    given in the parliamentary law, and the motions take precedence in that
    order without regard to the order in which they are moved (V, 6270,
    6324). But a motion to amend an amendment of the other House has
    precedence of the motion to agree or disagree either before the stage of
    disagreement has been reached or after the House has receded from its
    disagreement (V, 6164, 6169-6171; VIII, 3203) even after the previous
    question has been ordered on both motions before the question is divided
    (Feb. 12, 1923, p. 3512). See also the discussion in Sec. 525, infra.
    But it has been held that when the previous question has been demanded
    or ordered on a motion to concur, a motion to amend is not in order (V,
    5488). The motion to refer also takes precedence of the motions to agree
    or disagree (V, 6172-6174), but the demanding or ordering of the
    previous question does not prevent a motion to refer (V, 5575). The
    motion to refer takes precedence of the motions to agree or disagree
    and, under clause 2 of rule XIX is in order pending a demand for or
    after the ordering of the previous question, before the stage of
    disagreement has been reached (V, 5575, 6172-6174), but not after the
    stage of disagreement when the most preferential motion tending to bring
    the two Houses together is already pending (Speaker Albert, Sept. 16,
    1976, p. 30887).

      1st. To <> agree; 2d. To disagree.--Either of these
    concludes the other necessarily, for the positive of either is exactly
    the equivalent to the negative of the other, and no other alternative
    remains. On either motion amendments to the amendment may be proposed;
    e.g., if it be moved to disagree, those who are for the amendment have a
    right

    [[Page 259]]

    to propose amendments, and to make it as perfect as they can, before the
    question of disagreeing is put.
      3d. To recede.--You <> may then either insist or
    adhere.                         4th. To insist.--You may then either
    recede or adhere.
      5th. To adhere.--You may then either recede or insist.
      Consequently the negative of these is not equivalent to a positive
    vote the other way. It does not raise so necessary an implication as may
    authorize the Secretary by inference to enter another vote; for two
    alternatives still remain, either of which may be adopted by the House.

      Under the earlier practice in the House it was held that voting down
    the motion to recede and concur was tantamount to insistence but not the
    equivalent of adherence (Speaker Clark, July 2, 1918, p. 8648). But the
    more recent practice is that when the House disagrees to a motion to
    recede and concur in a Senate amendment some further action must be
    taken to dispose of the amendment (Speaker Bankhead, July 9, 1937, p.
    7007; Speaker McCormack, Sept. 19, 1962, p. 19945) and the question may
    recur on a pending motion to insist or such a motion is then entertained
    from the floor (Deschler-Brown, ch. 32, Sec. 7.21; Speaker Albert, June
    25, 1973, p. 21172).

                            sec. xxxix--the question

    <>   The question is to be put
    first on the affirmative, and then on the
    negative side.

      Clause 6 of rule I provides more fully for putting the question.

    [[Page 260]]

      After the <> Speaker has put the affirmative part of the question, any
    Member who has not spoken before to the question may rise and speak
    before the negative be put; because it is no full question till the
    negative part be put. Scob., 23; 2 Hats., 73.

      After the Chair has put the affirmative part of the question, any
    Member who seeks to debate the matter or offer a motion may be
    recognized (V, 5925; June 22, 2006, pp. 12298, 12299), and such
    recognition is not subject to appeal (June 22, 2006, p. 12299). On one
    occasion, the Chair refused to entertain a motion to lay on the table
    after putting the affirmative part of the pending question where the
    Chair had affirmed the admissibility of that motion before putting the
    main question, and that motion nevertheless was not then offered (Sept.
    20, 1979, p. 25512). Where not pertinent to the pending parliamentary
    situation, a parliamentary inquiry regarding whether the Chair heard the
    ayes on a prematurely-commenced vote by voice was not entertained (June
    22, 2006, p. 12299).

      But in <> small
    matters, and which are of course, such as receiving petitions, reports,
    withdrawing motions, reading papers, &c., the Speaker most commonly
    supposes the consent of the House where no objection is expressed, and
    does not give them the trouble of putting the question formally. Scob.,
    22; 2 Hats., 79, 2, 87; 5 Grey, 129; 9 Grey, 301.

                          sec. xl--bills, third reading

      To prevent <> bills from being passed by surprise, the House, by a
    standing order, directs that they shall not be put on their passage
    before a fixed hour, naming one at which the house is commonly full.
    Hakew., 153.
      The usage of the Senate is not to put bills on their passage till
    noon.

    [[Page 261]]

      A bill reported and passed to the third reading, cannot on that day be
    read the third time and passed; because this would be to pass on two
    readings in the same day.
      At the <> third reading the Clerk reads the bill and delivers it to the
    Speaker, who states the title, that it is the third time of reading the
    bill, and that the question will be whether it shall pass. Formerly the
    Speaker, or those who prepared a bill, prepared also a breviate or
    summary statement of its contents, which the Speaker read when he
    declared the state of the bill, at the several readings. Sometimes,
    however, he read the bill itself, especially on its passage. Hakew.,
    136, 137, 153; Coke, 22, 115. Latterly, instead of this, he, at the
    third reading, states the whole contents of the bill verbatim, only,
    instead of reading the formal parts, ``Be it enacted,'' &c., he states
    that ``preamble recites so and so--the 1st section enacts that, &c.; the
    2d section enacts,'' &c.
      But in the Senate of the United States, both of these formalities are
    dispensed with; the breviate presenting but an imperfect view of the
    bill, and being capable of being made to present a false one; and the
    full statement being a useless waste of time, immediately after a full
    reading by the Clerk, and especially as every member has a printed copy
    in his hand.

      These restrictions are not in effect in the modern practice of the
    House and therefore a bill may be read a third time and passed on the
    same day. Clause 8 of rule XVI provides for the third reading by title
    and not by the presentation of an abbreviated summary.

    [[Page 262]]

      A bill on <> the third reading is not to be committed for the matter or
    body thereof, but to receive some particular clause or proviso, it hath
    been sometimes suffered, but as a thing very unusual. Hakew., 156. Thus,
    27 El., 1584, a bill was committed on the third reading, having been
    formerly committed on the second, but is declared not usual. D'Ewes,
    337, col. 2; 414, col. 2.

      In the House it is in order to commit a bill after the engrossment and
    third reading if the previous question is not ordered (V, 5562); and by
    clause 2 of rule XIX the House has preserved this opportunity to commit
    even after the previous question has been ordered.

      When an <> essential provision has been omitted, rather than erase the
    bill and render it suspicious, they add a clause on a separate paper,
    engrossed and called a rider, which is read and put to the question
    three times. Elsynge's Memo., 59; 6 Grey, 335; 1 Blackst., 183. For
    examples of riders, see 3 Hats., 121, 122, 124, 156. Every one is at
    liberty to bring in a rider without asking leave. 10 Grey, 52.

      This practice is never followed in the House.

      It is <> laid down, as a general rule, that amendments proposed at
    the second reading shall be twice read, and those proposed at the third
    reading thrice read; as also all amendments from the other House. Town.,
    col. 19, 23, 24, 25, 26, 27, 28.

      In the practice of the House, amendments, whether offered in the House
    or coming from the other House, do not come under the rule requiring
    different readings.

    [[Page 263]]

      It is <> with
    great and almost invincible reluctance that amendments are admitted at
    this reading, which occasion erasures or interlineations. Sometimes a
    proviso has been cut off from a bill; sometimes erased. 9 Grey, 513.
      This is the proper stage for filling up blanks; for if filled up
    before, and now altered by erasure, it would be peculiarly unsafe.

      In the House bills are amended after the second reading (IV, 3392),
    and before the engrossment and third reading (V, 5781; VII, 1051, 1052)
    but not afterwards. Under modern practice of the House, readings are
    governed by clause 8 of rule XVI and clause 5 of rule XVIII.

      At this <> reading the bill is debated afresh, and for the most part is
    more spoken to at this time than on any of the former readings. Hakew.,
    153.
      The debate on the question whether it should be read a third time, has
    discovered to its friends and opponents the arguments on which each side
    relies, and which of these appear to have influence with the House; they
    have had time to meet them with new arguments, and to put their old ones
    into new shapes. The former vote has tried the strength of the first
    opinion, and furnished grounds to estimate the issue; and the question
    now offered for its passage is the last occasion which is ever to be
    offered for carrying or rejecting it.

      In the House it is usual to debate a bill before and not after the
    engrossment and third reading, probably because of the frequent use of
    the previous question, which prevents all debate after it is ordered.
    When the previous question is not ordered, debate may occur pending the
    vote on passage.

    [[Page 264]]

      When the <> debate is ended, the Speaker, holding the bill in his hand, puts
    the question for its passage, by saying, ``Gentlemen, all you who are of
    opinion that this bill shall pass, say aye;'' and after the answer of
    the ayes, ``All those of the contrary opinion, say no.'' Hakew., 154.

      In the House the bill is usually in the custody of the Clerk. The
    Speaker states that ``The question is on the passage of the bill,'' and
    puts the question in the form prescribed by clause 6 of rule I.

    <>   After the
    bill is passed, there can be no further alteration of it in any
    point. Hakew., 159.

      This principle controls the practice of the House. However, a bill may
    be changed if the votes on passage, engrossment, and ordering the
    previous question have been reconsidered. In addition, the Clerk may be
    authorized to make changes in the engrossed copy by unanimous consent or
    by special order of business. Title amendments are transacted following
    passage (Sec. 512, infra).

                         sec. xli--division of the house

      The affirmative and <> negative of the question having been both put
    and answered, the Speaker declares whether the yeas or nays have it by
    the sound, if he be himself satisfied, and it stands as the judgment of
    the House. But if he be not himself satisfied which voice is the
    greater, or if before any other Member comes into the House, or before
    any new motion made (for it is too late after that), any Member shall
    arise and declare himself dissatisfied with the Speaker's decision, then
    the Speaker is to divide the House. Scob., 24; 2 Hats., 140.

    [[Page 265]]

      This practice is provided for in different language by clause 6 of
    rule I.

      When the <> House of Commons is divided, the one
    party goes forth, and the other remains in the House. This has made it
    important which go forth and which remain; because the latter gain all
    the indolent, the indifferent, and inattentive. Their general rule,
    therefore, is that those who give their vote for the preservation of the
    orders of the House shall stay in, and those who are for introducing any
    new matter or alteration, or proceeding contrary to the established
    course, are to go out. But this rule is subject to many exceptions and
    modifications. 2 Hats., 134; 1 Rush., p. 3, fol. 92; Scob., 43, 52; Co.,
    12, 116; D'Ewes, 505, col. 1; Mem. in Hakew., 25, 29.
      The one party being gone forth, the Speaker names two tellers from the
    affirmative and two from the negative side, who first count those
    sitting in the House and report the number to the Speaker. Then they
    place themselves within the door, two on each side, and count those who
    went forth as they come in and report the number to the Speaker. Mem. in
    Hakew., 26.

      In modern practice in the House of Commons, once the Chair determines
    a sufficient request for a ``division,'' all Members leave the Chamber
    and are recorded in the yes and no division lobbies. In the House of
    Representatives, the provision in former clause 5 of rule I that
    provided for teller votes was repealed by the 103d Congress. Under the
    former procedure tellers took their place at the rear of the center
    aisle when named by the Chair, and Members passed between them to be
    counted but not recorded by name. Clause 1(b) of rule XX provides for
    taking a recorded vote by means of the electronic voting system when
    supported by one-fifth of a quorum.

    [[Page 266]]

    <>
    A mistake in the report of the tellers may be rectified after the report
    made. 2 Hats., 145, note.
    * * * * *
      When it <> is proposed to
    take the vote by yeas and nays, the President or Speaker states that
    ``the question is whether, e.g., the bill shall pass--that it is
    proposed that the yeas and nays shall be entered on the journal. Those,
    therefore, who desire it will rise.'' If he finds and declares that one-
    fifth have risen, he then states that ``those who are of opinion that
    the bill shall pass are to answer in the affirmative; those of the
    contrary opinion in the negative.'' The Clerk then calls over the names
    alphabetically, notes the yea or nay of each, and gives the list to the
    President or Speaker, who declares the result. In the Senate if there be
    an equal division the Secretary calls on the Vice-President and notes
    his affirmative or negative, which becomes the decision of the House.

      In the House tellers were sometimes, though rarely, ordered to
    determine whether one-fifth joined in the demand for the yeas and nays
    (V, 6045) but in the later practice the Speaker's count is not subject
    to verification (VIII, 3114-3118), and it is not in order to demand a
    rising vote of those opposed on a count by the Speaker to ascertain if
    one-fifth concur in demand for yeas and nays (VIII, 3112, 3113). Clause
    1 of rule XX provides the method for taking the yeas and nays in the
    modern practice; but under clause 2 of that rule both the yeas and nays
    and calls of the House are taken by means of the electronic voting
    system unless the Speaker discretionarily orders the utilization of
    other prescribed procedures.

      In the <> House of Commons every member must give his vote the one way or
    the other, Scob., 24, as it is not permitted to anyone to withdraw who

    [[Page 267]]

    is in the House when the question is put, nor is anyone to be told in
    the division who was not in when the question was put. 2 Hats., 140.
      This last position is always true when the vote is by yeas and nays;
    where the negative as well as affirmative of the question is stated by
    the President at the same time, and the vote of both sides begins and
    proceeds pari passu. It is true also when the question is put in the
    usual way, if the negative also has been put; but if it has not, the
    member entering, or any other member may speak, and even propose
    amendments, by which the debate may be opened again, and the question be
    greatly deferred. And as some who have answered aye may have been
    changed by the new arguments, the affirmative must be put over gain. If,
    then, the member entering may, by speaking a few words, occasion a
    repetition of a question, it would be useless to deny it on his simple
    call for it.

      Clause 1 of rule III requires Members to vote; but no rule excludes
    from voting those not present at the putting of the question, and this
    requirement of the parliamentary law is not observed in the House. No
    attempt is made to prevent Members from withdrawing after a question is
    put, unless there be a question as to a quorum, when the House proceeds
    under clauses 5 and 6 of rule XX.

      While the <> House is telling, no member may speak or move out of his
    place, for if any mistake be suspected it must be told again. Mem. in
    Hakew., 26; 2 Hats., 143.

      This rule applies in the House on a vote by division, where the
    Speaker counts; but did not apply to the former vote by tellers, where
    Members passed between tellers at the rear of the center aisle to be
    counted.

    [[Page 268]]

      If any <> difficulty arises in point of order during the division, the
    Speaker is to decide peremptorily, subject to the future censure of the
    House if irregular. He sometimes permits old experienced members to
    assist him with their advice, which they do sitting in their seats,
    covered, to avoid the appearance of debate; but this can only be with
    the Speaker's leave, else the division might last several hours. 2
    Hats., 143.

      Members no longer sit with their hats on (clause 5 of rule XVII) and
    rise to speak; respectfully addressing their remarks to the Speaker
    (clause 1 of rule XVII).

      The voice <> of the majority decides; for the lex majoris partis is the law
    of all councils, elections, &c., where not otherwise expressly provided.
    Hakew., 93. But if the House be equally divided, semper presuamtur pro
    negante; that is, the former law is not to be changed but by a majority.
    Towns., col. 134.

      The House provides also by rule (clause 1 of rule XX) that in the case
    of a tie vote the question shall be lost.-
      The House, <> however, requires a
    two-thirds vote on a motion to suspend the rules (clause 1 of rule XV),
    on a motion to dispense with the call of the Private Calendar on the
    first Tuesday of each month (clause 5 of rule XV), and to consider a
    special rule immediately (clause 6 of rule XIII), and the Constitution
    of the United States requires two-thirds votes for the expulsion of a
    Member, passing vetoed bills, removing political disabilities, and
    passing joint resolutions proposing amendments to the Constitution.-
      The standing <> rules also
    require a three-fifths vote for passage or adoption of a bill, a joint
    resolution, an amendment thereto, or a conference report thereon, if
    carrying a Federal income tax rate increase (clause 5(b) of rule XXI).

    [[Page 269]]

      When from <> counting the House on a division it appears that there is not
    a quorum, the matter continues exactly in the state in which it was
    before the division, and must be resumed at that point on any future
    day. 2 Hats., 126.

      Although under the rules first adopted in the 95th Congress it is not
    in order to make or entertain a point of no quorum unless the question
    has been put on the pending motion or proposition, if a quorum in fact
    does not respond on a call of the House or on a vote, even the most
    highly privileged business must terminate (IV, 2934; VI, 662) and even
    debate must stop until a quorum is established (see IV, 2935-2949). No
    motion is entertained in the absence of a quorum other than a motion
    relating to the call of the House or to adjourn (IV, 2950; VI, 680).
    Even in the closing hours of a Congress business has been stopped by the
    failure of a quorum (V, 6309; Oct. 18, 1972, p. 37199).

      1606, May 1, <> on a question
    whether a Member having said yea may afterwards sit and change his
    opinion, a precedent was remembered by the Speaker, of Mr. Morris,
    attorney of the wards, in 39 Eliz., who in like case changed his
    opinion. Mem. in Hakew., 27.

      The House is governed in this respect by the practice under clause 2
    of rule XX.

                                sec. xlii--titles

      After the <> bill
    has passed, and not before, the title may be amended, and is to be fixed
    by a question; and the bill is then sent to the other House.

      The House by clause 6 of rule XVI embodies this principle with an
    additional provision as to debate.

    [[Page 270]]

                           sec. xliii--reconsideration

      1798, Jan. <> A bill on its second reading being amended, and on
    the question whether it shall be read a third time negatived, was
    restored by a decision to reconsider that question. Here the votes of
    negative and reconsideration, like positive and negative quantities in
    equation, destroy one another, and are as if they were expunged from the
    journals. Consequently the bill is open for amendment, just so far as it
    was the moment preceding the question for the third reading; that is to
    say, all parts of the bill are open for amendment except those on which
    votes have been already taken in its present stage. So, also, it may be
    recommitted.
      The rule permitting a reconsideration of a question affixing it to no
    limitation of time or circumstance, it may be asked whether there is no
    limitation? If, after the vote, the paper on which it is passed has been
    parted with, there can be no reconsideration, as if a vote has been for
    the passage of a bill and the bill has been sent to the other House. But
    where the paper remains, as on a bill rejected, when or under what
    circumstances does it cease to be susceptible of reconsideration? This
    remains to be settled, unless a sense that the right of reconsideration
    is a right to waste the time of the House in repeated agitations of the
    same question, so that it shall never know when a question is done

    [[Page 271]]

    with, should induce them to reform this anomalous proceeding.

      The House provides for reconsideration by clause 3 of rule XIX.

      In Parliament <> a question once carried can not be questioned again
    at the same session, but must stand as the judgment of the House.
    Towns., col. 67; Mem. in Hakew., 33. * * *
      * * * And a <> bill once rejected, another of the same
    substance can not be brought in again the same session. Hakew., 158; 6
    Grey, 392. But this does not extend to prevent putting the same question
    in different stages of a bill, because every stage of a bill submits the
    whole and every part of it to the opinion of the House as open for
    amendment, either by insertion or omission, though the same amendment
    has been accepted or rejected in a former stage. So in reports of
    committees, e.g., report of an address, the same question is before the
    House, and open for free discussion. Towns., col. 26; 2 Hats., 98, 100,
    101. So orders of the House or instructions to committees may be
    discharged. So a bill, begun in one House and sent to the other and
    there rejected, may be renewed again in that other, passed, and sent
    back. Ib., 92; 3 Hats., 161. Or if, instead of being rejected, they read
    it once and lay it aside or amend it and put it off a month, they may
    order in another to the same effect, with the same or a different title.
    Hakew., 97, 98.

      In the House, with its rule for reconsideration, there is rarely an
    attempt to bring forward a bill once rejected at the same session. One
    instance

    [[Page 272]]

    is recorded (IV, 3384), but the House has declined to consider a bill
    brought forward after a rejection (IV, 3384; Mar. 9, 1910, p. 2966). The
    Committee on Rules may report as privileged a resolution making in order
    the consideration of a measure of the same substance as one previously
    rejected and to rescind or vacate the action whereby the House had
    rejected a measure (VIII, 3391; Mar. 17, 1976, p. 6776); and a special
    order of business nearly identical to one previously rejected by the
    House, but providing a different scheme for general debate, was held not
    to violate this section (July 27, 1993, p. 17115).

      Divers expedients <> are used to correct the effects of this rule,
    as, by passing an explanatory act, if anything has been omitted or ill
    expressed, 3 Hats., 278, or an act to enforce and make more effectual an
    act, &c., or to rectify mistakes in an act, &c., or a committee on one
    bill may be instructed to receive a clause to rectify the mistakes of
    another. Thus, June 24, 1685, a clause was inserted in a bill for
    rectifying a mistake committed by a clerk in engrossing a bill of
    supply. 2 Hats., 194, 6. Or the session may be closed for one, two,
    three, or more days and a new one commenced. But then all matters
    depending must be finished, or they fall, and are to begin de novo. 2
    Hats., 94, 98. Or a part of the subject may be taken up by another bill
    or taken up in a different way. 6 Grey, 304, 316.
      And in <> cases of the last magnitude this rule has not
    been so strictly and verbally observed as to stop indispensable
    proceedings altogether. 2 Hats., 92, 98. Thus when the address on the
    preliminaries of peace in 1782 had been lost by a majority of one, on
    account of the importance of the question and smallness of the majority,
    the

    [[Page 273]]

    same question in substance, though with some words not in the first, and
    which might change the opinion of some Members, was brought on again and
    carried, as the motives for it were thought to outweigh the objection of
    form. 2 Hats, 99, 100.
      A second <> bill may
    be passed to continue an act of the same session or to enlarge the time
    limited for its execution. 2 Hats., 95, 98. This is not in contradiction
    to the first act.

      The House has by a joint resolution corrected an error in a bill that
    had gone to the President (IV, 3519).

                    sec. xliv--bills sent to the other house

    <>   A
    bill from the other House is sometimes ordered to lie on the table. 2
    Hats., 97.

      This principle is recognized in the practice of the House, both as to
    Senate bills (IV, 3418, 3419; V, 5437), and as to House bills returned
    with Senate amendments (V, 5424, 6201-6203). The motion to lay on the
    table Senate amendments to a House bill does not take precedence over
    the motion to recede and concur, because the motion would table the
    entire bill (Speaker Longworth, Jan. 24, 1927, p. 2165), but the motion
    to lay on the table a motion to recede and concur in a Senate amendment
    does not carry the amendment and bill to the table, and other motions
    are in order to dispose of the Senate amendment (Feb. 22, 1978, p.
    4072).

      When bills <> passed in one House and sent to the other are ground on special
    facts requiring proof, it is usual, either by message or at a
    conference, to ask the grounds and evidence, and this evidence, whether
    arising out of papers or from the examination of witnesses, is
    immediately communicated. 3 Hats., 48.

    [[Page 274]]

      The Houses of Congress transmit with bills accompanying papers, which
    are returned when the bills pass or at final adjournment (V, 7259,
    footnote). Sometimes one House has asked, by resolution, for papers from
    the files of the other (V, 7263, 7264). Testimony is also requested
    (III, 1855).

                     sec. xlv--amendments between the houses

      When either <> House, e.g., the House of
    Commons, send a bill to the other, the other may pass it with
    amendments. The regular progression in this case is, that the Commons
    disagree to the amendment; the Lords insist on it; the Commons insist on
    their disagreement; the Lords adhere to their amendment; the Commons
    adhere to their disagreement. The term of insisting may be repeated as
    often as they choose to keep the question open. But the first adherence
    by either renders it necessary for the other to recede or adhere also;
    when the matter is usually suffered to fall. 10 Grey, 148. Latterly,
    however, there are instances of their having gone to a second adherence.
    There must be an absolute conclusion of the subject somewhere, or
    otherwise transactions between the Houses would become endless. 3 Hats.,
    268, 270. The term of insisting, we are told by Sir John Trevor, was
    then (1679) newly introduced into parliamentary usage by the Lords. 7
    Grey, 94. It was certainly a happy innovation, as it multiplies the
    opportunities of trying modifications which may bring the Houses to a
    concurrence. Either House, however, is free to pass over the term of
    insisting, and to adhere in the first instance; 10 Grey, 146; but it is
    not respectful to the other. In the ordinary

    [[Page 275]]

    parliamentary course there are two free conferences, at least, before an
    adherence. 10 Grey, 147.

      The House and the Senate follow the principles set forth in this
    paragraph of the parliamentary law, and sometimes dispose of differences
    without resorting to conferences (V, 6165).
      If both <> Houses insist and neither ask a conference nor recede, the
    bill fails (V, 6228). If both Houses adhere, the bill fails (V, 6163,
    6313, 6324, 6325) even though the difference may be over a very slight
    amendment (V, 6233-6240). In rare instances in Congress there have been
    immediate adherences on the first disagreement (V, 6303); but this does
    not preclude the granting of the request of the other House for a
    conference (V, 6241-6244). Sometimes the House recedes from its
    disagreement as to certain amendments and adheres as to others (V,
    6229). A House having adhered may at the next stage vote to further
    adhere (V, 6251). Sometimes the House has receded from adherence (V,
    6252, 6401) or reconsidered its action of adherence (V, 6253), after
    which it has agreed to the amendment with or without amendment (V, 6253,
    6401).

      Either House <> may
    recede from its amendment and agree to the bill; or recede from their
    disagreement to the amendment, and agree to the same absolutely, or with
    an amendment; for here the disagreement and receding destroy one
    another, and the subject stands as before the disagreement. Elysnge, 23,
    27; 9 Grey, 476.

      In the <> practice of the two Houses
    of Congress the motion is to recede from the amendment without at the
    same time agreeing to the bill, for the bill has already been passed
    with the amendment, and receding from the amendment leaves the bill
    passed (V, 6312). But where the House has previously concurred in a
    Senate amendment with an amendment, the House does not by receding from
    its amendment agree to the Senate amendment, because the House may then
    (1) concur in the Senate amendment or (2) concur in the Senate amendment
    with another amendment (VIII, 3199; Oct. 12, 1977, pp. 33448-54). The
    House may not through one motion, however, recede from its amendment
    with an amendment (V, 6212; see Sec. 526, infra). A motion in the House
    to recede from a House amendment to a Senate amendment, and concur in
    the Senate amendment, is divisible (VIII, 3199). One House has receded
    from its own

    [[Page 276]]

    amendment after the other House had returned it concurred in with an
    amendment (V, 6226). However, this has been held insufficient to pass
    the bill without further action by the House that concurred with an
    amendment (VIII, 3177; June 26, 1984, p. 18733).
      Where one House has receded from an amendment, it may not at a
    subsequent stage recall its action in order to form a new basis for a
    conference (V, 6251). Sometimes one House has receded from its amendment
    although it previously had insisted and asked a conference, which had
    been agreed to (V, 6319). After the Senate has amended a House amendment
    it is not proper for the House to recede from its amendment directly,
    but the Senate may recede from its amendment and then the House recede
    from its amendment (Speaker Reed, June 12, 1890, p. 5981). The motion to
    recede takes precedence over the motion to insist and ask a conference
    (V, 6270).
      By receding <> from its
    disagreement to an amendment of the Senate the House does not thereby
    agree to it (V, 6215); but the Senate amendment is then open to
    amendment precisely as before the original disagreement (V, 6212-6214).
    The stage of disagreement having been reached, the motion to recede and
    concur takes precedence of the motion to recede and concur with an
    amendment (V, 6219-6223; VIII, 3198, 3200, 3202); but a motion to recede
    and concur is divisible (VIII, 3199) and being divided and the House
    having receded, a motion to amend has precedence of the motion to concur
    (V, 6209-6211; VIII, 3198), even after the previous question is ordered
    on both motions before being divided (Feb. 12, 1923, p. 3512).
      The motion to recede and concur in a Senate amendment with an
    amendment takes precedence of a motion to insist further on the House's
    disagreement to the Senate amendment (V, 6224; VIII, 3204), and a motion
    to lay certain amendments on the table (Speaker Longworth, Jan. 24,
    1927, p. 2165). It has been held that after the previous question has
    been moved on a motion to adhere, a motion to recede may not be made (V,
    6310); and after the previous question is demanded or ordered on a
    motion to concur, a motion to amend is not in order (V, 5488); but where
    the previous question has been demanded on a motion to insist, a motion
    to recede and concur has been admitted (V, 6208, 6321a).

      But the <> House can not recede from or insist on its own amendment,
    with an amendment; for the same reason that it can not send to the other
    House an amendment to its own act after it has passed the act. They may
    modify an amendment from the other House by ingrafting an amendment on
    it, be

    [[Page 277]]

    cause they have never assented to it; but they can not amend their own
    amendment, because they have, on the question, passed it in that form. 9
    Grey, 363; 10 Grey, 240. In Senate, March 29, 1798. Nor where one House
    has adhered to their amendment, and the other agrees with an amendment,
    can the first House depart from the form which they have fixed by an
    adherence.
      In the case of a money bill, the Lord's proposed amendments become, by
    delay, confessedly necessary. The Commons, however, refused them as
    infringing on their privilege as to money bills; but they offered
    themselves to add to the bill a proviso to the same effect, which had no
    coherence with the Lords' amendments; and urged that it was an expedient
    warranted by precedent, and not unparliamentary in a case become
    impracticable, and irremediable in any other way. 3 Hats., 256, 266,
    270, 271. But the Lords refused, and the bill was lost. 1 Chand., 288. A
    like case, 1 Chand., 311. * * *

      In the House it is a recognized principle that the House may not
    recede from its own amendments with an amendment (V, 6216-6218). The
    House may not amend its own amendment to a Senate amendment to a House
    bill (Mar. 16, 1934, p. 4685). However, the stage of disagreement having
    been reached on a House amendment to a Senate amendment to a House
    proposition, the House may first recede from its amendment and, having
    receded, may then concur in the Senate amendment with a different
    amendment without violating this paragraph (Speaker O'Neill, Oct. 12,
    1977, pp. 33448-54). The House has by special order of business before
    the stage of disagreement receded from its amendment and concurred in a
    Senate amendment with an amendment (Sept. 30, 2013, p. _; Dec. 12, 2013,
    p. _).

    [[Page 278]]

      * * * So the <> Commons resolved that it is unparliamentary to
    strike out, at a conference, anything in a bill which hath been agreed
    and passed by both Houses, 6 Grey, 274; 1 Chand., 312.

      The practice of the two Houses has confirmed this principle of the
    parliamentary law and established the rule that managers of a conference
    may not change the text to which both Houses have agreed (V, 6417, 6418,
    6420; VIII, 3257; see clause 9 of rule XXII), and neither House, alone,
    may empower the managers by instruction to make such a change (V, 6388).
    In the earlier practice, when it was necessary to change text already
    agreed to, the managers appended a supplementary paragraph to their
    report, and this was agreed to by unanimous consent in the two Houses
    (V, 6433-6436); or the two Houses agreed to a concurrent resolution
    giving the managers the necessary powers (V, 6437-6439; Dec. 17, 1974,
    p. 40472). Under the current practice the House considers a conference
    report that changes text already agreed to by unanimous consent, under
    suspension of the rules, or by report from the Committee on Rules
    waiving clause 9 of rule XXII.
      To change text finally agreed to by both Houses, each House may adopt
    a concurrent resolution directing the Clerk of the House or the
    Secretary of the Senate to correct the enrollment.
      The further principle has been established in practice of the House
    that it may not, even by unanimous consent (V, 6179), change in the
    slightest particular (V, 6181) the text to which both Houses have agreed
    (V, 6180; VIII, 3257). And this prohibition extends, also, to a case
    wherein it is proposed to add a new section at the end of a bill that
    has passed both Houses (V, 6182).

    <>   A motion to amend an amendment from the other
    House takes precedence of a motion to agree or disagree.

      This is the rule of the House if the stage of disagreement has not
    been reached (V, 6164, 6169-71; VIII, 3202), or if the House has receded
    from its disagreement to the amendment in question (VIII, 3196, 3197,
    3203). The following discussion summarizes the precedence and
    consideration of motions to dispose of Senate or House amendments in
    contemporary practice.

    [[Page 279]]

      When Senate <> amendments are before the House for the first time, or
    when the Senate has returned a bill with House amendments to which it
    has disagreed (and on which the House has not insisted), no privileged
    motion is in order in the House except a motion pursuant to clause 1 of
    rule XXII, made by direction of the committee with subject-matter
    jurisdiction, to disagree to the Senate amendments or insist on the
    House amendment and request or agree to a conference with the Senate
    (see Oct. 11, 1984, p. 32308). Other motions to dispose of amendments
    between the Houses are not privileged until the stage of disagreement
    has been reached on a bill with amendments of the other House (clause 4
    of rule XXII; IV, 3149, 3150; VI, 756; VIII, 3185, 3194). The stage of
    disagreement is not reached until the House has either disagreed to
    Senate amendments or has insisted on its own amendments to a Senate
    bill, and has notified the Senate. Further House action can only occur
    when the House has received the papers back from the Senate (Sept. 16,
    1976, p. 30868).
      Before the stage of disagreement, an amendment to a Senate amendment
    to a House-passed measure on the Speaker's table is not in order until
    an order is entered for consideration of the Senate amendment in the
    House (Speaker O'Neill, June 19, 1986, pp. 14638-40).
      If the House does agree to consider a bill with Senate amendment
    before the stage of disagreement has been reached, by unanimous consent
    or special order of business, a motion to amend takes precedence over
    the motion to agree. However, the usual practice in such a situation is
    to consider a request, either by unanimous consent, suspension of the
    rules, or special order of business reported by the Committee on Rules,
    simultaneously providing for consideration and disposition of the Senate
    amendment (thus precluding the consideration of other requests to
    dispose of the amendment (see Deschler-Brown, ch. 32, Sec. 5)).
      It should be noted that a small category of Senate amendments, those
    not requiring consideration in the Committee of the Whole, may be taken
    from the Speaker's table and disposed of by motion pursuant to clause 2
    of rule XXII before the stage of disagreement has been reached, but the
    vast majority of legislation does affect the Treasury (as described in
    clause 1 of rule XIII) and requires consideration in Committee of the
    Whole.
      Should the <> House consider Senate amendments before the stage of
    disagreement, the precedence of nonprivileged motions is as follows
    (disregarding the privileged motion to disagree and send to conference
    by direction of the committee): (1) to concur with amendment; (2) to
    concur; (3) to disagree and request or agree to a conference; and (4) to
    disagree. With respect to consideration of House amendments before the
    stage of disagreement, the precedence of motions is (1) to recede; (2)
    to insist and request or agree to a conference; and (3) to insist.
    Although the House may adhere, adherence is seldom utilized (because it
    precludes a conference unless receded from) and is extremely rare on
    first disagreement (see Sec. 522,

    [[Page 280]]

    supra; see also the discussion of adherence in Deschler-Brown, ch. 32,
    Sec. 12). A motion to adhere is the least privileged motion.
      It was formerly held that a motion to send to conference yielded to
    the simple motion to disagree, or to insist (see Cannon's Procedure in
    the House of Representatives, p. 120). In current practice, however, the
    compound motion to disagree to Senate amendments and request or agree to
    a conference, or to insist on House amendments and request or agree to a
    conference, has replaced the two-step procedure for getting to
    conference and, because it brings the two Houses together, takes
    precedence over simple motions to insist or disagree (or to adhere).
      Notwithstanding the foregoing precedence of motions, the ordinary
    motions applicable to any question that is under debate--to table, to
    postpone to a day certain, and to refer--remain available under clause 4
    of rule XVI. A motion to table Senate amendments brings the bill to the
    table (V, 5424, 6201-6203; Sept. 28, 1978, p. 32334). It has been held
    that before the stage of disagreement, the motion to table a Senate
    amendment (V, 6201-6203) or the motion to refer a Senate amendment (V,
    5301, 6172, 6174) take precedence (in that order) over motions to amend,
    agree, or disagree. And if the previous question has been ordered on
    another motion to dispose of the Senate amendment, a motion to refer is
    in order (V, 5575). In the Senate, the adoption of a motion to table a
    House amendment is messaged to the House as disagreement to said
    amendment (Sept. 30, 2013, p. _, p. _) and the adoption of a motion to
    table a House request for a conference is messaged to the House as
    disagreement to said request (Oct. 1, 2013, p. _; Mar. 3, 2015, p. _).
      A Senate amendment is read in full when taken from the Speaker's desk
    (VIII, 2400). Before consideration of any motions to dispose of Senate
    amendments, the Speaker has the discretionary authority, under clause 2
    of rule XIV, to refer such amendments to the appropriate committee, with
    or without a time limitation.
      The House <> has
    reached the stage of disagreement on a bill when it is again in
    possession of the papers thereon, having previously disagreed to Senate
    amendments or insisted on House amendments (with or without requesting
    or agreeing to a conference) (Sept. 16, 1976, p. 30868), and not merely
    where the other House has returned a bill with an amendment (Dec. 7,
    1977, p. 38728). Only previous insistence or disagreement by the House
    itself places the House in disagreement (and not merely disagreement,
    insistence, or amendment by the Senate). For example, if the House has
    concurred in a Senate amendment to a House bill with an amendment,
    insisted on the House amendment and requested a conference, and the
    Senate has then concurred in the House amendment with a further
    amendment, the matter is privileged for further disposition in the House
    because the House has communicated to the Senate its insistence and
    request for a conference (Speaker Albert, Sept. 16, 1976, p. 30868). Of
    course, if the Senate has agreed to a House request for a conference,
    the bill is committed to con

    [[Page 281]]

    ference and motions are not in order for its disposition until after the
    conferees have reported (the House may unilaterally discharge its
    conferees and consider the bill, if in possession of the papers, only by
    unanimous consent, special order, or suspension of the rules, and not by
    motion).
      Once the stage of disagreement has been reached on a bill with
    amendments, the House remains in the stage of disagreement until the
    matter is finally disposed of and motions for its disposition are
    privileged whenever the House is in possession of the papers. This
    principle applies both where the stage of disagreement is reached
    without a conference, and where matters remain in disagreement after
    conferees have reported. It is possible, therefore, for motions to be
    privileged because the House is in disagreement on the bill, but for the
    House to have receded from its disagreement or insistence on a
    particular amendment or to have received a new Senate amendment for the
    first time. In those cases motions remain privileged, but the precedence
    of motions on the amendment in question reverts to the precedence of
    motions before the stage of disagreement, as set forth in Sec. 528b,
    supra (see discussion below of the effect of the House's receding). The
    two Houses having permitted the amendment process to go beyond the
    second degree, a motion to concur in a Senate amendment (in the 4th
    degree), the stage of disagreement having been reached, is privileged
    but is subject to the motion to lay on the table (Mar. 18, 1986, p.
    5217).
      The House has by special order of business limited the availability of
    privileged motions to the Majority Leader or a designee (Sept. 30, 2013,
    p. _; July 31, 2014, p. _) and the Chair declined to recognize another
    Member for such a motion (Oct. 2, 2013, p. _; Oct. 12, 2013, p. _, p.
    _).
      Generally, after <> the stage of disagreement has been reached on a
    Senate amendment, the precedence of motions is as follows: (1) to recede
    and concur; (2) to recede and concur with an amendment or amendments;
    (3) to insist on disagreement and request a (further) conference; (4) to
    insist on disagreement; and (5) to adhere. The Chair may examine the
    substance of a pending motion to determine the precedence thereof in
    relation to another motion, even though in form it may appear
    preferential. Thus, a proper motion to concur with an amendment to a
    Senate amendment reported from conference in disagreement (the House
    having receded) has been offered and voted on before a pending motion
    drafted as one to concur with an amendment but in actual effect a motion
    to insist on disagreement to the Senate amendment, because simply
    reinserting the original House text without change (Deschler-Brown, ch.
    31, Sec. 8.12).
      A Senate amendment is read in full when taken from the Speaker's desk
    (VIII, 3232; Mar. 3, 2015, p. _). The ordinary motion to table under
    clause 4 of rule XVI may be applied to a Senate amendment, is
    preferential to a motion to dispose of the Senate amendment (Deschler-
    Brown, ch. 32, Sec. 7.22; Mar. 3, 2015, p. _), but carries the bill to
    the table (Deschler-Brown, ch. 32, Sec. 7.22). When applied to a motion
    to dispose of a Senate amendment,

    [[Page 282]]

    the motion to table carries to the table only the motion to dispose and
    not the amendment or bill (see Deschler-Brown, ch. 32, Sec. 7.27). With
    respect to the motion to refer (or recommit), a simple motion to refer
    or recommit only takes precedence over a motion to adhere, after the
    stage of disagreement has been reached on the bill. After the previous
    question is ordered on a pending motion to dispose of a Senate
    amendment, a motion to recommit (pursuant to clause 2 of rule XIX) may
    only be offered if it constitutes, in effect, a motion that takes
    precedence over the pending motion to dispose of a Senate amendment.
    Thus, after the stage of disagreement has been reached on a Senate
    amendment, a motion to recommit with instructions to report back
    forthwith with an amendment may not be offered after the previous
    question has been ordered on a motion to recede and concur, a motion of
    higher privilege (see Deschler-Brown, ch. 32, Sec. 7.5). However, after
    the House has receded from disagreement to a Senate amendment, a motion
    to amend is preferential over a motion to agree, and thus after the
    previous question is ordered on a motion to concur, the House having
    already receded, a motion to recommit with instructions to amend would
    be in order (VIII, 2744). Motions to postpone, either to a day certain
    or indefinitely, have the lowest privilege with respect to a Senate
    amendment after the stage of disagreement has been reached. For old
    examples in which the House postponed indefinitely consideration of
    Senate amendments, see V, 6199, 6200 (in the latter case the Senate had
    adhered). Clause 8(b)(3) of rule XXII makes preferential and separately
    debatable a motion to insist on disagreement to a Senate amendment to a
    general appropriation bill, if: (1) the Senate amendment has been
    reported from conference in disagreement; (2) the original motion to
    dispose of the Senate amendment proposes to change existing law; and (3)
    the motion to insist is timely offered by the chair of a committee of
    jurisdiction or a designee.
      Where the matter in question is a House amendment or amendments after
    the stage of disagreement has been reached, the precedence of motions is
    (1) to recede; (2) to further insist on the amendment and request a
    (further) conference; and (3) to adhere. For discussion of possible
    options of the House, having receded from its amendment or amendments,
    see Sec. 524, supra, and Deschler-Brown, ch. 32, Sec. 7. If the House
    recedes from its amendment to a Senate bill, the bill is passed unless
    otherwise specified. If the House recedes from its amendment to a Senate
    amendment, the bill is not passed unless the House takes another step,
    either to concur in the Senate amendment or amend it. The House having
    receded from its amendment to a Senate amendment, it is no longer in
    disagreement on the amendment (although it is on the bill if the stage
    of disagreement has previously been reached), and the motion to amend
    the Senate amendment takes precedence over the motion to concur therein.
    Until the House recedes, however, a motion to recede from the House
    amendment and concur in the Senate amendment is preferential. A
    conference report held to violate clause 9 of rule XXII was vitiated,
    after which a privileged motion to recede and concur in a Senate
    amendment with an amendment incor

    [[Page 283]]

    porating by reference the text of an introduced House bill was offered
    (Nov. 14, 2002, p. 22409).
      The same principle as to the precedence of motions after a division of
    the question applies to a motion to recede and concur in a Senate
    amendment, the stage of disagreement having been reached. Although the
    motion to recede and concur takes precedence over the motion to recede
    and concur with an amendment, the former motion may be divided on the
    demand of any Member and each portion may be separately debatable (Oct.
    5, 1978, 33698-701). If the House agrees to recede, a motion to concur
    with an amendment then takes precedence over the motion to concur, is
    considered as pending if part of the original motion, and is voted on
    first (Sept. 30, 1988, pp. 27265-74; Oct. 11, 1989, p. 24097). As
    indicated in Deschler-Brown, ch. 32, Sec. 8.2, a Member offering a
    preferential motion does not thereby gain control of the debate, which
    remains in the control of the floor manager recognized to offer the
    original motion to dispose of amendments between the Houses. In the
    modern practice, clause 8(d) of rule XXII has been interpreted to apply
    to any motion to dispose of an amendment between the Houses after the
    stage of disagreement and the Chair will divide the time equally between
    the majority and minority floor managers (see Sec. 1086, infra, ). Where
    both floor managers support such a motion, however, a Member opposed may
    claim one-third of the time, and the Chair will recognize for closing
    debate in the reverse order of opening (Mar. 3, 2015, p. _).
      Recognition to offer a preferential motion goes to the senior
    committee member seeking the floor who is not the offeror of a displaced
    motion of lesser privilege (Nov. 16, 1989, p. 29565). Although the
    manager of a conference report is entitled to prior recognition to offer
    motions to dispose of amendments in disagreement, the manager should not
    be entitled to offer two motions, one preferential to the other, to be
    pending at the same time. However, where the manager's first motion to
    insist on disagreement has been superseded by the House's voting to
    recede from disagreement, then the initial motion is no longer pending;
    and the manager may be recognized to offer another motion to concur with
    an amendment, which would be preferential to the remaining portion of
    another Member's divided motion to concur (Deschler-Brown, ch 32,
    Sec. 8.2). This is to be contrasted with the situation in which the bill
    manager offers a motion to dispose of a Senate amendment that is
    rejected by the House, in which case recognition to offer a subsequent
    motion to dispose of the pending Senate amendment shifts to another
    Member who led the opposition to the rejected motion (see Sec. 954,
    infra).

      A bill <> originating in one House is passed by the other with an
    amendment.    The originating House agrees to their amendment with an

    [[Page 284]]

    amendment. The other may agree to their amendment with an amendment,
    that being only in the 2d and not the 3d degree; for, as to the amending
    House, the first amendment with which they passed the bill is a part of
    its text. It is the only text they have agreed to. The amendment to that
    text by the originating House therefore is only in the 1st degree, and
    the amendment to that again by the amending House is only in the 2d, to
    wit, an amendment to an amendment, and so admissible. Just so, when, on
    a bill from the originating House, the other, at its second reading,
    makes an amendment; on the third reading this amendment is become the
    text of the bill, and if an amendment to it be moved an amendment to
    that amendment may also be moved, as being only in the 2d degree.

      This principle is followed in the practice of the House (V, 6176-
    6178). For a discussion of the attitude of the Senate on this topic, see
    October 31, 1991, p. 29494.

                             sec. xlvi--conferences

      It is on the <> occasion of amendments between the Houses that
    conferences are usually asked; but they may be asked in all cases of
    difference of opinion between the two Houses on matters depending
    between them. The request of a conference, however, must always be by
    the House which is possessed of the papers. 3 Hats., 31; 1 Grey, 425.

      The House follows the principles set forth in this paragraph of the
    parliamentary law. A conference may be asked on only a portion of the
    amend

    [[Page 285]]

    ments in disagreement, leaving the differences as to the remainder to be
    settled by the action of the two Houses themselves (V, 6401). In very
    rare instances conferences have been asked by one House after the other
    has absolutely rejected a main proposition (IV, 3442; V, 6258). A
    difference over an amendment to a proposed constitutional amendment may
    be committed to a conference (V, 7037).
      Although conferences <> between the two Houses of Congress
    are usually held over differences as to amendments to bills,
    occasionally differences arise as to the respective prerogatives of the
    Houses (II, 1485-1495) or as to matters of procedures (V, 6401), as in
    impeachment proceedings (III, 2304), which are referred to conference.
    In early and exceptional instances conferences have been asked as to
    legislative matters when no propositions relating thereto were pending
    (V, 6255-6257).
      In very <> rare cases, also, the Houses interchange views and come to
    conclusions by means of select committees appointed on the part of each
    House (I, 3). Thus, in 1821, a joint committee was chosen to consider
    and report to the two Houses whether or not it was expedient to provide
    for the admission of Missouri into the Union (IV, 4471), and in 1877
    similar committees were appointed to devise a method for counting the
    electoral vote (III, 1953).
      The <> parliamentary law
    provides that the request for a conference must always be by the House
    that is in possession of the papers (V, 8254). It was formerly the more
    regular practice for the House disagreeing to amendments of the other to
    leave the asking of a conference to that other House if it should decide
    to insist (V, 6278-6285, 6324); but it is so usual in the later practice
    for the House disagreeing to an amendment of the other to ask a
    conference that an omission to do so has even raised a question (V,
    6273). Yet it cannot be said that the practice requires a request for a
    conference to be made by the House disagreeing to the amendments of the
    other (V, 6274-6277). One House having asked a conference at one
    session, the other House may agree to the conference at the next session
    of the same Congress (V, 6286).
      In rare <> instances one House has declined the request of the other
    for a conference (V, 6313-6315; Mar. 20, 1951, p. 2683; Oct. 1, 2013, p.
    _; Mar. 3, 2015, p. _), sometimes accompanying it by adherence (V, 6313,
    6315). In one instance, in which the Senate declined a conference, it
    transmitted, by message, its reasons for so doing (V, 6313). Sometimes,
    also, one House disregards the request of the other for a conference and
    recedes from its disagreement, thereby rendering a conference
    unnecessary (V, 6316-6318). And in one case, in which one House has
    asked a conference to which the other has assented, the asking House
    receded before the con

    [[Page 286]]

    ference took place (V, 6319). Also, a bill returned to the House with a
    request for a conference has been postponed indefinitely (V, 6199).
      After the <> stage of
    disagreement has been reached, a motion to ask a conference is
    considered as distinct from motions to agree or disagree to amendments
    of the other House (V, 6268) and the motions to agree, recede, or insist
    are considered as preferential (V, 6269, 6270). Where a motion to
    request a conference at this stage has been rejected, its repetition at
    the same stage of the proceedings, no other motion to dispose of the
    matter in disagreement having been considered, has not been permitted
    (V, 6325). Where a conference results in disagreement, a motion to
    request a new conference is privileged (V, 6586). Sometimes
    disagreements are voted on by the House and conferences asked through
    the medium of special orders of business (IV, 3242-3249).
      Before the stage of disagreement, any motion with respect to
    amendments between the two Houses is without privilege, except for
    motions with respect to the limited number of amendments that qualify
    under clause 2 of rule XXII or motions under clause 1 of rule XXII, to
    disagree to Senate amendments (or insist on House amendments) and to
    request or agree to an initial conference if the motion is authorized by
    the primary committee and all reporting committees of initial referral
    and if the Speaker chooses to recognize for that purpose. Under clause
    2(a)(3) of rule XI, a committee may adopt a rule providing that the
    chair be directed to offer a motion under clause 1 of rule XXII. A
    motion under the latter clause may be repeated, if again authorized by
    the relevant committees, and if the Speaker again agrees to recognize
    for that purpose, even though the House has once rejected a motion to
    send the same matter to conference (Speaker Albert, Oct. 3, 1972, p.
    33502).
      Although usual, <> it is not
    essential that one House, in asking a conference, transmit the names of
    its managers at the same time, and the Senate has moved to agree to a
    conference asked by the House before the appointment of House managers
    (V, 6405; Feb. 27, 2015, p. _). The managers, properly so called (V,
    6335), constitute practically two distinct committees, each of which
    acts by a majority (V, 6334). The Speaker appoints the managers on the
    part of the House (clause 11 of rule I) and has discretion as to the
    number to serve on a given bill (V, 6336; VIII, 2193) but must appoint
    (1) a majority of Members who generally support the House position, as
    determined by the Speaker; (2) Members who are primarily responsible for
    the legislation; and (3) to the fullest extent feasible the principal
    proponents of the major provisions of the bill as it passed the House
    (clause 11 of rule I). Although the practice used to be to appoint three
    managers from each house (V, 6336), in the absence of joint rules each
    House may appoint whatever number it sees fit (V, 6328-6330). The two
    Houses have frequently appointed a disparate number of managers (V,
    6331-6333; VIII, 3221); and where the Senate appointed nine and the
    House but three, a motion to instruct

    [[Page 287]]

    the Speaker to appoint a greater number of managers on the part of the
    House was held out of order (VII, 2193). In appointing managers the
    Speaker usually consults the Member in charge of the bill (V, 6336); and
    where an amendment in disagreement falls within the jurisdiction of two
    committees of the House, the Speaker has named Members from both
    committees and specified the respective areas on which they were to
    confer (Speaker Albert, Nov. 30, 1971, p. 43422). In appointing
    conferees on the general appropriation bill for fiscal year 1951,
    Speaker Rayburn appointed a set of managers for each chapter of the bill
    and four Members to sit on all chapters (Aug. 7, 1950, p. 11894).
    Although the appointment of conferees, both as to their number and
    composition, is within the discretion of the Chair (Speaker Garner, June
    24, 1932, p. 13876; Speaker Martin, July 8, 1947, p. 8469), and although
    a point of order will not lie against the exercise of this discretion
    (VIII, 2193, 3221), the Speaker normally takes into consideration the
    attitude of the majority and minority of the House on the disagreements
    in issue (V, 6336-6338; VIII, 3223), the varying views of the Members of
    the House (V, 6339, 6340), and does not necessarily confine the
    appointments to members of the committee in charge of the bill (V,
    6370). In one case, in which the prerogatives of the House were
    involved, all of the managers were appointed to represent the majority
    opinion (V, 6338). See also Sec. 637, infra.
      Where there <> were several conferences on a bill, it was the
    early practice to change the managers at each conference (V, 6288-6291,
    6324), and so fixed was this practice that their reappointment had a
    special significance, indicating an unyielding temper (V, 6352-6368);
    but in the later practice it is the rule to reappoint managers (V, 6341-
    6344) unless a change be necessary to enable the sentiment of the House
    to be represented (V, 6369).
      Managers of <> a conference are excused from service either by authority
    of the House (V, 6373-6376; VIII, 3224, 3227) or, since the 103d
    Congress, by removal by the Speaker (clause 11 of rule I). The absence
    of a manager may cause a vacancy, which the Speaker fills by appointment
    (V, 6372; VIII, 3228). If one House makes a change in its managers, it
    informs the other House, by message (V, 6377, 6378). According to the
    later practice the powers of managers who have not reported do not
    expire at the termination of a session, unless it be the last session
    (V, 6260-6262).

      Conferences <> may be either simple or free. At a conference simply,
    written reasons are prepared by the House asking it, and they are read
    and delivered, without debate, to the managers of the other House at the
    conference, but are not then

    [[Page 288]]

    to be answered. 4 Grey, 144. The other House then, if satisfied, vote
    the reasons satisfactory, or say nothing; if not satisfied they resolve
    then not satisfactory and ask a conference on the subject of the last
    conference, where they read and deliver, in like manner, written answer
    to those reasons. 3 Grey, 183. They are meant chiefly to record the
    justification of each House to the nation at large and to posterity and
    in proof that the miscarriage of a necessary measure is not imputable to
    them. 3 Grey, 255. At free conferences the managers discuss, viva voce
    and freely, and interchange propositions for such modifications as may
    be made in a parliamentary way, and may bring the sense of the two
    Houses together. * * *

      This provision <> of the parliamentary law bears little relation to the modern
    practice of the two Houses of Congress, and that practice has evolved a
    new definition: ``A free conference is that which leaves the committee
    of conference entirely free to pass upon any subject where the two
    branches have disagreed in their votes, not, however, including any
    action upon any subject where there has been a concurrent vote of both
    branches. A simple conference--perhaps it should more properly be termed
    a strict or a specific conference, though the parliamentary term is
    `simple'--is that which confines the committee of conference to the
    specific instructions of the body appointing it'' (V, 6403). And where
    the House had asked a free conference it was held not in order to
    instruct the managers (V, 6384). But it is very rare for the House in
    asking a conference to specify whether it shall be free or simple.
      In their practices <> as to the instruction of managers of a conference, the
    House and the Senate do not agree. Only in rare instances has the Senate
    instructed (V, 6398), and these instances are at variance with its
    declaration, made after full consideration, that managers may not be
    instructed (V, 6397). And where the House has instructed its managers,
    the Senate sometimes has declined to participate and asked a free
    conference (V, 6402-6404). In the later practice the House does not
    inform the Senate when it instructs its managers (V, 6399), the Senate
    having objected to

    [[Page 289]]

    the transmittal of instructions by message (V, 6400, 6401). In one
    instance in which the Senate learned indirectly that the House had
    instructed its managers, it declared that the conference should be full
    and free, and instructed its own managers to withdraw if they should
    find the freedom of the conference impaired (V, 6406). But the House
    holds to the opinion that the House may instruct its managers (V, 6379-
    6382), although the propriety of doing so at a first conference has been
    questioned (V, 6388, footnote). And in rare instances in which a free
    conference is asked instruction is not in order (V, 6384). At a new
    conference the instructions of a former conference are not in force (V,
    6383; VIII, 3240). And instructions may not direct the managers to do
    that which they might not otherwise do (V, 6386, 6387; VIII, 3235,
    3244), as to effect a change in part of a bill not in disagreement (V,
    6391-6394) or change the text to which both Houses have agreed (V,
    6388). Although managers may disregard instructions, their report may
    not for that reason be ruled out of order (V, 6395; VIII, 3246; June 8,
    1972, p. 20282), and when a conference report is recommitted with
    instructions the managers are not confined to the instructions alone
    (VIII, 3247).
      The motion to instruct managers should be offered after the vote to
    ask for or agree to a conference and before the managers are appointed
    (V, 6379-6382; VIII, 3233, 3240, 3256). The motion to instruct may be
    amended unless the previous question is ordered (V, 6525; VIII, 3231,
    3240); thus a motion to instruct House conferees to agree to a numbered
    Senate amendment with an amendment may be amended, upon rejection of the
    previous question, to instruct the conferees to agree to the Senate
    amendment (June 9, 1982, pp. 13027, 13028, 13039, 13049). A Member may
    not be recognized for a unanimous-consent request to modify a pending
    motion to instruct unless yielded to for that purpose by the proponent
    (Mar. 29, 2006, p. 4377). The motion to instruct may be laid on the
    table without carrying the bill to the table (VIII, 2658). The motion is
    debatable (see clause 7(b) of rule XXII) unless the previous question is
    ordered (VIII, 2675, 3240), which the proponent may not move until those
    allotted time under clause 7(b) have yielded back (Oct. 3, 1989, p.
    22842). After a motion to ask or agree to a conference is agreed to,
    only one valid motion to instruct is in order (VIII, 3236; Speaker
    Wright, Feb. 17, 1988, p. 1583); and the ruling out of such a motion
    does not preclude the offering of a proper motion (VIII, 3235; Dec. 7,
    2005, p. 27706); but one motion having been considered and disposed of,
    further motions are not in order (VIII, 3236). The restriction on
    further motions does not apply to a motion to instruct under clause 7(c)
    of rule XXII (Aug. 22, 1935, pp. 14162-64).
      A member of the minority is first entitled to recognition for a motion
    to instruct conferees (Speaker Bankhead, Oct. 31, 1939, pp. 1103-05;
    Speaker Albert, Oct. 19, 1971, pp. 36832-35), and if two minority
    members of the reporting committee seek recognition to offer a motion to
    instruct conferees before their appointment, the Chair will recognize
    the senior

    [[Page 290]]

    minority member of the committee (Oct. 10, 1986, p. 30181; Speaker
    Wright, Feb. 17, 1988, p. 1583).

      * * * And each <> party report in writing to their respective
    Houses the substance of what is said on both sides, and it is entered in
    their journals. 9 Grey, 220; 3 Hats; 280. This report can not be amended
    or altered, as that of a committee may be. Journal Senate, May 24, 1796.

      In the two <> Houses of
    Congress conference reports were originally merely suggestions for
    action and were neither identical in the two Houses nor acted on as a
    whole (V, 6468-6471). In the House clause 7(a) of rule XXII provides
    that conference reports may be received at any time, except when the
    Journal is being read, while the roll is being called, or the House is
    dividing. They are privileged on or after the third calendar day
    (excluding Saturdays, Sundays, or legal holidays) after they have been
    filed and printed in the Record, together with the accompanying
    statement (clause 8 of rule XXII). The early reports were not signed by
    the managers (IV, 3905); but in the later practice the signatures of the
    majority of the managers of each House is required (V, 6497-6502; VIII,
    3295). Sometimes a manager indorses the report with a conditional
    approval or dissent (V, 6489-6496, 6538). However, signatures with
    conditions are not counted toward a majority (Nov. 18, 1991, p. 32689)
    and in the modern practice are not printed in the report. Supplemental
    reports or minority views may not be filed in connection with conference
    reports (VIII, 3302). The name of an absent manager may not be affixed,
    but the two Houses by concurrent action may authorize the manager to
    sign the report after it has been acted on (V, 6488). The minority
    portion of the managers of a conference have no authority to make either
    a written or verbal report concerning the conference (V, 6406). In the
    later practice reports of managers are identical, and made in duplicate
    for the two Houses, the House managers signing first the report for
    their House and the Senate managers signing the other report first (V,
    6323, 6426, 6499, 6500, 6504). Under certain circumstances managers may
    report an entirely new bill on a subject in disagreement, but this bill
    is acted on as part of the report (V, 6465-6467; see also clause 9 of
    rule XXII). A quorum among the managers on the part of the House at a
    committee of conference is established by their signatures on the
    conference report and joint explanatory statement (Oct. 4, 1994, p.
    27662).
      Managers may <> report an
    agreement as to a portion of the numbered amendments in disagreement,
    leaving the remainder to be disposed of by subsequent action (V, 6460-
    6464). Where a Senate amendment to the title of a House bill

    [[Page 291]]

    was in conference, but inadvertently omitted from the conference report,
    the House adopted the report, and, by unanimous consent, insisted on its
    disagreement to the putatively reported amendment and agreed to a
    concurrent resolution that deemed the conference report to have
    ``resolved all disagreements'' (Oct. 10, 2002, p. 20333).
      Where managers <> of a
    conference are unable to agree, or where a report is disagreed to in
    either House, another conference is usually asked (V, 6288-6291). When
    managers report that they have been unable to agree, the report is not
    acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957, p. 15816).
    Although under the earlier practice, when conferees reported in complete
    disagreement, the amendments in disagreement were considered available
    for immediate disposition (VIII, 3299, 3332), the current practice (as a
    result of the amendment to clause 8(a) of rule XXII that became
    effective in the 93d Congress) is to require the matter to lay over
    until the third calendar day (excluding Saturdays, Sundays, or legal
    holidays) after the report in disagreement is filed and printed in the
    Record. In the earlier practice reports of inability to agree were made
    verbally or by unsigned written reports (V, 6563-6567); but in later
    practice they are written, in identical form, and signed by the managers
    of the two Houses (V, 6568, 6569).
      The managers <> of a conference must confine
    themselves to the differences committed to them (V, 6417, 6418; VIII,
    3252, 3255, 3282), and may not include subjects not within the
    disagreements (V, 6407, 6408; VIII, 3253-3255, 3260, 3282, 3284), even
    though germane to a question in issue (V, 6419; VIII, 3256; Speaker
    Albert, Dec. 20, 1974, p. 41849). But they may perfect amendments
    committed to them if they do not in so doing go beyond the differences
    (V, 6409, 6413). Thus, where an amendment providing an appropriation to
    construct a road had been disagreed to, it was held in order to report a
    provision to provide for a survey for the road (V, 6425). Managers may
    not change the text to which both Houses have agreed (V, 6417, 6418,
    6420, 6433-6436). But if the amendment in issue strikes all of the bill
    after the enacting clause and substitutes a new text, the managers have
    the whole subject before them and may exercise a broad discretion as to
    details (V, 6424; VIII, 3266), and may even report an entirely new bill
    on the subject (V, 6421, 6423; VIII, 3248, 3263, 3265, 3276; Sec. 1088,
    infra). If the amendment in disagreement proposes a substitute differing
    greatly from the House provision they may eliminate the entire subject
    matter (Speaker Gillett, Sept. 14, 1922, p. 12598).
      In the <> House the Speaker may rule out a conference report if it be
    shown that the managers have exceeded their authority (V, 6409-6416;
    VIII, 3256; Oct. 4, 1962, p. 22332; Nov. 14, 2002, pp. 22408, 22409). In
    the House points of order against reports are made or reserved after the
    report

    [[Page 292]]

    is read and before the reading of the statement (V, 6424, 6441; VIII,
    3282, 3284, 3285, 3287), or consideration begins (V, 6903-6905; VIII,
    3286), and comes too late after the report has been agreed to (V, 6442);
    and in case the statement is read in lieu of the report the point of
    order must be made or reserved before the statement is read (VIII, 3256,
    3265, 3285, 3288, 3289). Where clause 8(c) of rule XXII applies, points
    of order must be made before debate begins on the report (Nov. 14, 2002,
    p. 22408).
      A conference report held to violate clause 9 of rule XXII was
    vitiated, after which a privileged motion to recede and concur in a
    Senate amendment with an amendment incorporating by reference the text
    of an introduced House bill was offered (Nov. 14, 2002, p. 22409).
      Under the former practice of the Senate, the Chair did not rule out
    conference reports, but the Senate itself expressed its opinion on the
    vote to agree to the report (V, 6426-6432). However, on March 8, 1918,
    the Senate adopted a ``scope'' rule providing for a point of order
    against conferees inserting matter not committed to them or changing the
    text agreed to by both Houses. This rule of the Senate was strictly
    construed (VIII, 3273, 3275) until the 104th Congress when the Senate
    overturned on appeal a ruling of its presiding officer that the
    inclusion of a special labor-law provision in a conference report
    exceeded the scope of conference (Oct. 3, 1996, pp. 27147-51). The Chair
    interpreted that action as tantamount to a change in the Senate rules
    until the 107th Congress. Public Law 106-553 provided that at the
    beginning of the 107th Congress the Presiding Officer of the Senate
    would apply precedents under Senate rule XXVIII as in effect at the end
    of the 103d Congress. Public Law 110-81 amended it to provide a new
    procedure (see, e.g., Nov. 7, 2007, pp. 30270, 30271, 30282).
      The <> managers of a
    conference may not report before the other House is notified of their
    appointment and a meeting is held (V, 6458). Conferences are generally
    held in the Capitol, and formerly with closed doors, although in rare
    instances Members and others were admitted to make arguments (V, 6254,
    footnote, 6263). Clause 12 of rule XXII now provides for at least one
    open conference meeting except if the House determines by the yeas and
    nays that all or part of the meeting may be closed to the public. The
    same rule now provides for a point of order in the House against the
    report and for an automatic request for a new conference if the House
    managers fail to meet in open session following appointment of the
    Senate conferees (Dec. 20, 1982, p. 32896). For a discussion of open
    conference meetings, see Sec. 1093, infra. Rarely, also, papers in the
    nature of petitions have been referred to managers (V, 6263). The
    managers of the two Houses vote separately (V, 6336). Clause 12(a)(3) of
    rule XXII provides additional statements on the meetings, discussions,
    and signatures of House managers. Clause 13 of rule XXII provides a
    point of order against consideration of a conference report that differs
    in a non-clerical manner from the version placed before the House
    managers for signature.

    [[Page 293]]

      The report of <> the managers of a conference goes first to one House and
    then to the other, neither House acting until it is in possession of the
    papers, which means the original bill and amendments, as well as the
    report (V, 6322, 6518-6522, 6586; VIII, 3301). The report must be acted
    on as a whole, being agreed to or disagreed to as an entirety (V, 6472-
    6480, 6530-6533; VIII, 3304, 3305; Speaker Bankhead, Aug. 22, 1940, p.
    10763; Speaker Albert, Nov. 10, 1971, p. 40481); and until the report
    has been acted on no motion to deal with the individual amendments is in
    order (V, 6323, 6389, 6390; Speaker Rayburn, Mar. 16, 1942, pp. 2502-
    04). Under a special order of business recommended by the Committee on
    Rules, the House has considered a single, indivisible motion to adopt
    not only a conference report but also sundry motions to dispose of
    amendments reported from conference in disagreement (June 18, 1992, p.
    15453). Although ordinarily reports are agreed to by majority vote, a
    two-thirds vote is required on a report relating to a constitutional
    amendment (V, 7036). Conference reports must be acted on in both Houses
    and, in a case in which the Senate had adopted a report recommending
    that it recede from its amendments to a House bill, the House rejected
    the report and then agreed to the Senate amendments (Mar. 21, 1956, p.
    5278). A conference report being made up but not acted on at the
    expiration of a Congress, the bill is lost (V, 6309). One House has, by
    message, reminded the other of its neglect to act on a conference
    report; but this was an occasion of criticism (V, 6309).
      When a <> conference report is presented, the question on
    agreeing is regarded as pending (V, 6517; VIII, 3300), and as the
    negative of it is equivalent to disagreement, the motion to disagree is
    not admitted (II, 1473; V, 6517; VIII, 3300). The reading of the
    amendments to which the report relates is not in order during its
    consideration (V, 5298). The report may not be amended on motion made in
    either House alone (V, 6534, 6535; VIII, 3306), but amendment is
    sometimes made by concurrent action of the two Houses (V, 6536, 6537;
    VIII, 3308). A motion to refer to a standing committee (V, 6558) or to
    lay on the table is not entertained in the House (V, 6538-6544); and a
    conference report may not be sent to Committee of the Whole on
    suggestion that it contains matter ordinarily requiring consideration in
    that committee (V, 6559-6561). It is in order on motion to recommit a
    conference report if the other body, by action on the report, have not
    discharged their managers (V, 6545-6553, 6609; VIII, 3310), and by
    concurrent resolution a report may be recommitted to conference after
    each House has acted thereon (VIII, 3316), but such a proposition would
    not be privileged in the House (V, 6554-6557; VIII, 3309).
      A bill being recommitted to the committee of conference, no further
    action is taken by the House until it is again reported by the managers
    (VIII, 3326, 3327), and when reported is subject to another motion to
    recommit (VIII, 3325). Because instructions included in a motion to
    recommit a conference report are not binding, adoption of such a motion
    opens to further

    [[Page 294]]

    negotiation all issues committed to conference (Apr. 21, 1988, p. 8198).
    A motion to recommit a conference report may not instruct House managers
    to exceed the scope of conference (Sec. 1088, infra); and, under clause
    7(d) of rule XXII, a motion to instruct may not contain argument
    (Sec. 1079, infra).
      When either <> House disagrees to a conference report the matter is left in
    the position it was in before the conference was asked (V, 6525), and
    the amendments in disagreement come up for further action (II, 1473),
    but do not return to the state they were in before disagreement, so that
    they need not be considered in Committee of the Whole (V, 6589). Motions
    for disposition of Senate amendments, sending to conference and
    instruction of conferees, are again in order (VIII, 3303). However, if a
    conference report is considered as rejected pursuant to the provisions
    of clause 10 of rule XXII because of the inclusion of nongermane matter,
    the pending question is as specified in that clause and, depending on
    the nature of the text in disagreement, may be to recede and concur with
    an amendment, to insist on the House position, or to insist on
    disagreement (see Sec. Sec. 1089, 1090, infra).

      A <> conference may be asked, before the House asking
    it has come to a resolution of disagreement, insisting or adhering. 3
    Hats., 269, 341. In which case the papers are not left with the other
    conferees, but are brought back to the foundation of the vote to be
    given. And this is the most reasonable and respectful proceeding; for,
    as was urged by the Lords on a particular occasion, ``it is held vain,
    and below the wisdom of Parliament, to reason or argue against fixed
    resolutions, and upon terms of impossibility to persuade.'' 3 Hats.,
    226. * * *

      In the Houses of Congress conferences are sometimes asked before a
    disagreement, and while the rule as to retention of the papers
    undoubtedly holds good, neglect to observe it has not been questioned
    (V, 6585).

      * * * So the <> Commons say, ``an adherence is never
    delivered at a free conference, which implies debate.'' 10 Grey, 137.
    And on another occasion the

    [[Page 295]]

    Lords made it an objection that the Commons had asked a free conference
    after they had made resolutions of adhering. It was then affirmed,
    however, on the part of the Commons that nothing was more parliamentary
    than to proceed with free conferences after adhering, 3 Hats., 269, and
    we do in fact see instances of conference, or of free conference, asked
    after the resolution of disagreeing, 3 Hats., 251, 253, 260, 286, 291,
    316, 349; of insisting, ib., 280, 290, 299, 319, 322, 355; of adhering,
    269, 270, 283, 300; and even of a second or final adherence. 3 Hats.,
    270. * * *

      The two Houses <> not observing the
    parliamentary distinctions as to free and other conferences, their
    practice in case of adherence is also different. Conferences are not
    asked after an adherence by both Houses, but have often been asked and
    granted where only one House has adhered (V, 6241-6244). A vote to
    adhere may not be accompanied by a request for a conference (V, 6303;
    VIII, 3208), because the House that votes to adhere does not ask a
    conference (V, 6304-6308). The request for a conference in such a case
    is properly accompanied by a motion to insist (V, 6308). And the House
    that has adhered may insist on its adherence when it agrees to the
    conference (V, 6251). But it is not considered necessary either to
    recede or insist before agreeing to the conference (V, 6242, 6244, 6310,
    6311).

      * * * And in <> all cases of conference asked after a vote of
    disagreement, &c., the conferees of the House asking it are to leave the
    papers with the conferees of the other; and in one case where they
    refused to receive them they were left on the table in the conference
    chamber. Ib., 271, 317, 323, 354; 10 Grey, 146.

      This principle of the parliamentary law is recognized in both Houses,
    and is customarily followed in cases wherein the managers of the
    conference come to an agreement on which a report may be based (July 31,

    [[Page 296]]

    1981, p. 18884). If conferees of House agreeing to conference surrender
    papers to House asking conference, the report can be received first by
    House asking the conference (VIII, 3330). In the 101st Congress, where a
    report following a successful conference was filed in both Houses, an
    objection to a unanimous-consent request in the Senate prevented the
    release of papers held at the Senate desk to the House, where the Senate
    in the normal course of events was scheduled to act first on the report
    (June 28, 1990, p. 16249).
      Where a <> conference breaks up without reaching any
    agreement the managers for the House that requested the conference, who
    have the papers by right, are justified in retaining them and carrying
    them back to the House (IV, 3905, footnote; V, 6246, 6254, 6571-6584;
    VIII, 3332). And in one case wherein under such circumstances the papers
    were taken back to the Senate, which was the body agreeing to the
    conference, the Senate after consideration sent them to the House,
    because it seemed proper for the asking House to take the first action
    (V, 6573). But sometimes managers have brought the papers to the
    agreeing House without question (V, 6239, footnote; July 14, 1988, p.
    18411).

      After a <> free
    conference the usage is to proceed with free conferences and not to
    return again to a conference. 3 Hats., 270; 9 Grey, 229.
      After a conference denied a free conference may be asked. 1 Grey, 45.

      The House instructs its managers whenever it sees fit, without regard
    to whether or not the preceding conference has been free or instructed.

      When a <> conference is asked, the subject of it must
    be expressed or the conference not agreed to. Ord. H. Com., 89; 1 Grey,
    425; 7 Grey, 31. They are sometimes asked to inquire concerning an
    offense or default of a member of the other House. 6 Grey, 181; 1
    Chand., 304. Or the failure of the other House to present to the King a
    bill passed by both Houses. 8 Grey, 302. Or on information received and
    relating to the safety of the nation. 10 Grey, 171. Or when the methods
    of Par

    [[Page 297]]

    liament are thought by the one House to have been departed from by the
    other a conference is asked to come to a right understanding thereon. 10
    Grey, 148. So when an unparliamentary message has been sent, instead of
    answering it they ask a conference. 3 Grey, 155. Formerly an address or
    articles of impeachment or a bill, with amendments, or a vote of the
    House, or concurrence in a vote, or a message from the King were
    sometimes communicated by way of conference. 6 Grey, 128, 300, 387; 7
    Grey, 80; 8 Grey, 210, 255; 1 Torbuck's Deb., 278; 10 Grey, 293; 1
    Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255.
    <>   A conference has been asked after the first reading of a
    bill. 1 Grey, 194. This is a singular instance.

      The House has no procedure conforming to this provision.

                              sec. xlvii--messages

    <>
    Messages between the Houses are to be sent only while both Houses are
    sitting. 3 Hats., 15. * * *

      Formerly this rule was observed (V, 6603, 6604), but since the 62d
    Congress messages have been received by the House when the Senate was
    not in session (VIII, 3338). Clause 2 of rule II was added in the 97th
    Congress, and amended in the 111th Congress, to authorize the Clerk to
    receive messages at any time that the House is not in session (H. Res.
    5, Jan. 5, 1981, p. 98) or in recess (H. Res. 5, Jan. 6, 2009, p. 9).

    <>   * * * They are
    received during a debate without adjourning the debate. 3 Hats., 22.

      In the House messages are received during debate, the Member having
    the floor yielding on request of the Speaker.

    [[Page 298]]

      In Senate <> the messengers are introduced in any state
    of business, except: 1. While a question is being put. 2. While the yeas
    and nays are being called. 3. While the ballots are being counted. The
    first case is short; the second and third are cases where any
    interruption might occasion errors difficult to be corrected. So
    arranged June 15, 1798.

      In the House messages are not received while a question is being put
    or during a vote by division. However, they are received during the call
    of the yeas and nays, during consideration of a question of privilege
    (V, 6640-6642), during a call of the House (V, 6600), during debate on a
    motion to approve the Journal (Sept. 13, 1965, p. 23607), and before the
    organization of the House (V, 6647-6649). But the Speaker exercises
    discretion about interrupting the pending business (V, 6602).

      In the <> House, as in Parliament, if the House be in
    committee when a messenger attends, the Speaker takes the chair to
    receive the message, and then quits it to return into committee without
    any question or interruption. 4 Grey, 226.
    <>
    Messengers are not saluted by the Members, but by the Speaker for the
    House. 2 Grey, 253, 274.

      The practice of the House as to reception of messages is founded on
    this paragraph of the parliamentary law and on the former joint rules
    (V, 6591-6595). The Speaker, with a slight inclination, addresses the
    messenger, by title, after the messenger, with an inclination, has
    addressed the Speaker (V, 6591).

      If <> messengers
    commit an error in delivering their message, they may be admitted or
    called in to correct their message. 4 Grey, 41. Accordingly, March 13,
    1800, the Senate having made two amendments to a

    [[Page 299]]

    bill from the House, their Secretary, by mistake, delivered one only,
    which being inadmissible by itself, that House disagreed, and notified
    the Senate of their disagreement. This produced a discovery of the
    mistake. The Secretary was sent to the other House to correct his
    mistake, the correction was received, and the two amendments acted on de
    novo.

      A request of one House for the return of a bill messaged to the other,
    or the request of one House to correct an error in its message to the
    other, may qualify as privileged in the House or may be disposed of by
    unanimous consent (III, 2613; V, 6605; Deschler-Brown, ch. 32, Sec. 2;
    Oct. 1, 1982, p. 27172; May 20, 1996, p. 11809). For example: (1) the
    House by unanimous consent agreed to a request from the Senate for the
    return of a Senate bill, to the end that the Senate effect a specified
    (substantive) change in its text (May 7, 1998, p. 8386) or to the end
    that the bill be recommitted to committee (July 15, 2004, p. 15890); (2)
    the House by unanimous consent directed its Clerk to correct an error in
    a message to the Senate (V, 6607); (3) the House, upon receipt of a
    request by the Senate to return a bill during consideration of the
    conference report accompanying that bill, laid the conference report
    aside and agreed to the Senate request (V, 6609); (4) the House
    requested the return of a message indicating passage of a Senate joint
    resolution after learning that both Houses had previously passed an
    identical House Joint Resolution, so that it could indefinitely postpone
    action thereon (Nov. 16, 1989, p. 29587); (5) the Speaker laid before
    the House as privileged a message from the Senate requesting the return
    of a message where it had erroneously appointed conferees to a bill
    after the papers had been messaged to the House, so that the message
    could be changed to reflect the appointment of Senate conferees (May 20,
    1996, p. 11809); (6) the Speaker laid before the House as privileged a
    message from the Senate requesting the return of a Senate bill that
    included provisions intruding on the constitutional prerogative of the
    House to originate revenue measures (Oct. 19, 1999, p. 25901; Sept. 28,
    2004, p. 19724; Sept. 30, 2004, p. 20045); (7) where the engrossment
    failed to depict certain action of the House, the House considered and
    agreed to a privileged resolution requesting the Senate to return the
    engrossment of a House bill (July 15, 2004, p. 15890) and a House-passed
    Senate bill (Oct. 8, 2004, p. 22630); (8) the Speaker laid before the
    House as privileged a message from the Senate requesting the return of
    Senate amendments to a House bill where the engrossment failed to
    properly depict the action of the Senate (July 14, 2005, p. 15932).

    [[Page 300]]

      As soon <> as
    the messenger who has brought bills from the other House has retired,
    the Speaker holds the bills in his hand; and acquaints the House ``that
    the other House have by their messenger sent certain bills,'' and then
    reads their titles, and delivers them to the Clerk to be safely kept
    till they shall be called for to be read. Hakew., 178.

      In the House the message goes to the Speaker's table for disposition
    under clause 2 of rule XIV. The Speaker does not acquaint the House,
    because it has already heard the message.

      It is not <> the usage for one House to inform the other by what numbers a
    bill is passed. 10 Grey, 150. Yet they have sometimes recommended a
    bill, as of great importance, to the consideration of the House to which
    it is sent. 3 Hats., 25. * * *

      The Houses of Congress do not communicate by what numbers a bill is
    passed, or otherwise recommend their bills.

      * * * Nor when <> they have rejected a bill from the other House, do
    they give notice of it; but it passes sub silentio, to prevent
    unbecoming altercations. 1 Blackst., 183.
      But in Congress the rejection is notified by message to the House in
    which the bill originated.

      In the two Houses of Congress the fact of the rejection of a bill is
    messaged to the House in which the bill originated, as in the days of
    Jefferson, although the joint rule requiring it has disappeared (IV,
    3422; V, 6601). And in a case wherein the House had stricken the
    enacting words of a Senate bill, the Senate was notified that the bill
    had been rejected (IV, 3423; VII, 2638; Oct. 4, 1972, pp. 33785-87).

    [[Page 301]]

      A question <> is never asked by the one House of the other by way of
    message, but only at a conference; for this is an interrogatory, not a
    message. 3 Grey, 151, 181.

      In 1798 the House asked of the Senate a question by way of conference,
    but this appears to be the only instance (V, 6256).

      When a <> bill is
    sent by one House to the other, and is neglected, they may send a
    message to remind them of it. 3 Hats., 25; 5 Grey, 154. But if it be
    mere inattention, it is better to have it done informally by
    communication between the Speakers or Members of the two Houses.

      It does not appear that either House of Congress has by message
    reminded the other of a neglected bill.

      Where the <> subject of a message is of a nature that it can properly be
    communicated to both Houses of Parliament, it is expected that this
    communication should be made to both on the same day. But where a
    message was accompanied with an original declaration, signed by the
    party to which the message referred, its being sent to one House was not
    noticed by the other, because the declaration being original, could not
    possibly be sent to both Houses at the same time. 2 Hats., 260, 261,
    262.
      The King having sent original letters to the Commons afterward desires
    they may be returned, that he may communicate them to the Lords. 1
    Chandler, 303.

    [[Page 302]]

      A message of the President of the United States is usually
    communicated to both Houses on the same day when its nature permits (V,
    6590); but an original document accompanying can, of course, be sent to
    but one House (V, 6616, 6617). The President having by inadvertence
    included certain papers in a message, was allowed to withdraw them (V,
    6651). In the House the Speaker has the discretion, which is rarely
    exercised, to suspend a roll call in order to receive a message from the
    President.

                               sec. xlviii--assent

      The <> House which has received a bill and passed it may
    present it for the King's assent, and ought to do it, though they have
    not by message notified to the other their passage of it. Yet the
    notifying by message is a form which ought to be observed between the
    two Houses from motives of respect and good understanding. 2 Hats., 242.
    Were the bill to be withheld from being presented to the King, it would
    be an infringement of the rules of Parliament. Ib.

      In the House it was held that where there had been no unreasonable
    delay in transmitting an enrolled bill to the President, a resolution
    relating thereto did not present a question of privilege (III, 2601),
    but a resolution seeking such a determination may be privileged (Oct. 8,
    1991, p. 25761).

      When a <> bill has passed both Houses of Congress, the House last acting
    on it notifies its passage to the other, and delivers the bill to the
    Joint Committee on Enrollment, who sees that it is truly enrolled in
    parchment. When the bill is enrolled it is not to be written in
    paragraphs, but solidly, and all of a piece, that the blanks between the
    paragraphs may not give room for forgery. 9 Grey, 143. * * *

    [[Page 303]]

      Formerly the <> enrollment in the House and the Senate was
    in writing (IV, 3436, 3437); but in 1893 the two Houses, by concurrent
    resolution, provided that bills should be enrolled on parchment by
    printing instead of by writing, and also that the engrossment of bills
    before sending them to the other House for action should be in printing
    (IV, 3433), and in 1895 this concurrent resolution was approved by
    statute (IV, 3435; 1 U.S.C. 106). In the last six days of a session of
    Congress the two Houses, by concurrent resolution, may permit the
    enrolling and engrossing to be done by hand (IV, 3435, 3438; Dec. 20,
    1982, p. 32875; Oct. 11, 1984, p. 32149), and such a concurrent
    resolution is privileged for consideration in the House during the last
    six days of the session (Jan. 1, 2013, p. _; see 1 U.S.C. 106 for
    authority to waive ordinary printing requirements at the end of a
    session), but before the last six days, a joint resolution waiving the
    law to permit hand enrollments is required and may be considered in the
    House by unanimous consent (Dec. 10, 1985, p. 35741) or by special order
    of business (Oct. 8, 1998, p. 24735). The two Houses have by joint
    resolution authorized not only a ``hand enrollment'' of a time-sensitive
    bill but also a parchment enrollment of the same measure, to be prepared
    at a later time for deposit in the National Archives with the original
    (P.L. 100-199, Dec. 21, 1987; P.L. 100-454, Sept. 29, 1988). Where an
    enrolled bill enacts another numbered bill by reference, that same law
    may require the Archivist to include as an appendix to that law the text
    of the referenced bill (see, e.g., P.L. 106-554). Only in a very
    exceptional case have the two Houses waived the requirement that bills
    shall be enrolled (IV, 3442). The enrolling clerk should make no change,
    however unimportant, in the text of a bill to which the House has agreed
    (III, 2598); but the two Houses may by concurrent resolution authorize
    the correction of an error when enrollment is made (IV, 3446-3450), and
    this seems a better practice than earlier methods by authority of the
    Committee on Enrolled Bills (IV, 3444, 3445).

      * * * It is <> then put into the hands of the Clerk of
    the House to have it signed by the Speaker. The Clerk then brings it by
    way of message to the Senate to be signed by their President. The
    Secretary of the Senate returns it to the Committee of Enrollment, who
    present it to the President of the United States. * * *

      The practice of the two Houses of Congress for the signing of enrolled
    bills was formerly governed by joint rules, and has continued since
    those rules were abrogated in 1876 (IV, 3430). The bills are signed
    first by the

    [[Page 304]]

    Speaker, then by the President of the Senate (IV, 3429). The two Houses
    by concurrent action may authorize the cancellation of signatures and
    reenrollment in case of error (see Sec. 625, infra) or a bill
    prematurely enrolled (IV, 3454).
      A Speaker pro <> tempore elected by the House (II,
    1401), or whose designation has received the approval of the House (II,
    1404; VI, 277; clause 8 of rule I), signs enrolled bills (see clause 4
    of rule I); but a Member merely called to the chair during the day (II,
    1399, 1400; VI, 276), or designated in writing by the Speaker, does not
    exercise this function (II, 1401).
      The Senate, by rule, has empowered a presiding officer by written
    designation to sign enrolled bills (II, 1403).
      In early <> days a joint committee took enrolled bills to the President
    (IV, 3432); but in the later practice the chair of the committee in each
    House that had responsibility for the enrollment of bills also had the
    responsibility of presenting the bills from that House, and submitted
    from his committee daily a report of the bills presented for entry in
    the Journal (IV, 3431). In the 107th Congress the responsibility in the
    House for enrolled bills was transferred from the Committee on House
    Administration to the Clerk (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 25).
    Enrolled bills pending at the close of a session have, at the next
    session of the same Congress, been ordered to be treated as if no
    adjournment had taken place (IV, 3487-3488). Enrolled bills signed by
    the presiding officers at one session have been sent to the President
    and approved at the next session of the same Congress (IV, 3486).
    Enrollments presented at the close of one Congress have been signed by
    the President after the convening of the next Congress (see Sec. 111,
    supra).

                               sec. xlix--journals

    * * * * *
      If a <> question is interrupted by a vote to adjourn, or to
    proceed to the orders of the day, the original question is never printed
    in the journal, it never having been a vote, nor introductory to any
    vote; but when suppressed by the previous question, the first question
    must be stated, in order to introduce and make intelligible the second.
    2 Hats., 83.

    [[Page 305]]

      This provision of the parliamentary law is superseded by clause 1 of
    rule XVI, which requires every motion entertained by the Speaker to be
    entered on the Journal.
      So also <> when a question is postponed, adjourned, or laid on
    the table, the original question, though not yet a vote, must be
    expressed in the journals, because it makes part of the vote of
    postponement, adjourning, or laying it on the table.

      In the House a question is not adjourned, except in the sense that it
    may be left to go over as unfinished business by reason of a vote to
    adjourn.

      Where <> amendments are made to a question, those amendments are not
    printed in the journals, separated from the question; but only the
    question as finally agreed to by the House. The rule of entering in the
    journals only what the House has agreed to, is founded in great prudence
    and good sense, as there may be many questions proposed which it may be
    improper to publish to the world in the form in which they are made. 2
    Hats., 85.

      In the practice of the House a motion to amend is entered on the
    Journal as any other motion, under clause 1 of rule XVI.
    * * * * *
    <>
    The first order for printing the votes of the House of Commons was
    October 30, 1685. 1 Chandler, 387.
      Some <> judges
    have been of opinion that the journals of the House of Commons are no
    records, but only remembrances. But this is not law. Hob., 110, 111;
    Lex. Parl., 114, 115; Jour. H. C., Mar. 17, 1592; Hale, Parl., 105. For
    the Lords in their House have

    [[Page 306]]

    power of judicature, the Commons in their House have power of
    judicature, and both Houses together have power of judicature; and the
    book of the Clerk of the House of Commons is a record, as is affirmed by
    act of Parl., 6 H. 8, c. 16; 4 Inst., 23, 24; and every member of the
    House of Commons hath a judicial place. 4 Inst., 15. As records they are
    open to every person, and a printed vote of either House is sufficient
    ground for the other to notice it. Either may appoint a committee to
    inspect the journals of the other, and report what has been done by the
    other in any particular case. 2 Hats., 261; 3 Hats., 27-30. Every member
    has a right to see the journals and to take and publish votes from them.
    Being a record, every one may see and publish them. 6 Grey, 118, 119.

      The Journal of the House is the official record of the proceedings of
    the House (IV, 2727), and certified copies are admitted as evidence in
    the courts of the United States (IV, 2810; 28 U.S.C. 1736). A Senate
    committee concluded that the Journal entries of a legislative body were
    conclusive as to all the proceedings had, and might not be contradicted
    by ex parte evidence (I, 563).

      On <> information of a misentry or omission of an entry in the
    journal, a committee may be appointed to examine and rectify it, and
    report it to the House. 2 Hats., 194, 195.

                               sec. l--adjournment

      The two <> Houses of Parliament have the sole, separate, and
    independent power of adjourning each their respective Houses. The King
    has no authority

    [[Page 307]]

    to adjourn them; he can only signify his desire, and it is in the wisdom
    and prudence of either House to comply with his requisition, or not, as
    they see fitting. 2 Hats., 232; 1 Blackst., 186; 5 Grey, 122.
    * * * * *
      A motion <> to
    adjourn, simply cannot be amended, as by adding ``to a particular day;''
    but must be put simply ``that this House do now adjourn;'' and if
    carried in the affirmative, it is adjourned to the next sitting day,
    unless it has come to a previous resolution, ``that at its rising it
    will adjourn to a particular day,'' and then the House is adjourned to
    that day. 2 Hats., 82.

      The modern practice of the House adheres to this principle
    (Sec. Sec. 912, 913, infra). Clause 4 of rule XVI admits at the
    discretion of the Speaker a separate motion of equal privilege that when
    the House adjourns on that day it stand adjourned to a day and time
    certain (consistent with article I, section 5, clause 4 of the
    Constitution, not in excess of three days).

      Where it is <> convenient that
    the business of the House be suspended for a short time, as for a
    conference presently to be held, &c., it adjourns during pleasure; 2
    Hats., 305; or for a quarter of an hour. 4 Grey, 331.

      An adjournment during pleasure is effected in the House by a motion
    for a recess. A recess may not be taken by less than a quorum (IV, 2958-
    2960), and consequently the motion for it is not in order in the absence
    of a quorum (IV, 2955-2957). When the hour previously fixed for a recess
    arrives, the Chair declares the House in recess even in the midst of a
    division or when a quorum is not present (V, 6665, 6666; VI, 664); but a
    roll call is not in this way interrupted (V, 6054, 6055). Where a
    special order requires a recess at a certain hour of a certain day, the
    recess is not taken if the encroachment of a prior legislative day
    prevents the existence of said certain day as a legislative day (IV,
    3192). And an adjournment

    [[Page 308]]

    at a time before the hour fixed for a recess vacates the recess (IV,
    3283). A motion for a recess must, when entertained, be voted on, even
    though the taking of the vote may have been prevented until after the
    hour specified for the conclusion of the proposed recess (V, 6667). A
    Committee of the Whole takes a recess only by permission of the House
    (V, 6669-6671; VIII, 3362). The motion for a recess is not privileged
    (V, 4302, 5301, 6740), in the House or in Committee of the Whole (June
    26, 1981, p. 14356) against a demand that business proceed in the
    regular order (V, 6663; VIII, 3354-3356). However, beginning in the 102d
    Congress a motion to authorize the Speaker to declare a recess was given
    a privilege equal to that of the motion to adjourn (clause 4 of rule
    XVI); and beginning in the 103d Congress the Speaker was authorized to
    declare a recess ``for a short time when no question is pending''
    (clause 12 of rule I). For the Speaker's authority to declare an
    emergency recess when notified of an imminent threat to the safety of
    the House, see Sec. 639, infra.

      If a <> question be put for adjournment, it is no adjournment till
    the Speaker pronounces it. 5 Grey, 137. And from courtesy and respect,
    no member leaves his place till the Speaker has passed on.

                               sec. li--a session

      Parliament have <> three
    modes of separation, to wit: by adjournment, by prorogation or
    dissolution by the King, or by the efflux of the term for which they
    were elected. Prorogation or dissolution constitutes there what is
    called a session; provided some act was passed. In this case all matters
    depending before them are discontinued, and at their next meeting are to
    be taken up de novo, if taken up at all. 1 Blackst., 186. Adjournment,
    which is by themselves, is no more than a continuance of the session
    from one day to another, of for a fortnight, a month, &c., ad libitum.
    All matters depending remain in statu quo, and when they meet again, be
    the term ever so distant, are re

    [[Page 309]]

    sumed, without any fresh commencement, at the point at which they were
    left. 1 Lev., 165; Lex. Parl., c. 2; 1 Ro. Rep., 29; 4 Inst., 7, 27, 28;
    Hutt., 61; 1 Mod., 252; Ruffh. Jac., L. Dict. Parliament; 1 Blackst.,
    186. Their whole session is considered in law but as one day, and has
    relation to the first day thereof. Bro. Abr. Parliament, 86.
      Committees may be <> appointed
    to sit during a recess by adjournment, but not by prorogation. 5 Grey,
    374; 9 Grey, 350; 1 Chandler, 50. Neither House can continue any portion
    of itself in any parliamentary function beyond the end of the session
    without the consent of the other two branches. When done, it is by a
    bill constituting them commissioners for the particular purpose.

      The House may empower a committee to sit during a recess that is
    within the constitutional term of the House (IV, 4541-4543), but not
    thereafter (IV, 4545). A commission created by law may operate beyond
    the term of the Congress in which it was created (IV, 4545). Under
    clause 2(m)(1)(A) of rule XI, all committees are authorized to sit and
    act anywhere within the United States, and to issue subpoenas, whether
    the House is in session or has adjourned to a date certain or adjourned
    sine die, even after the second regular session of a Congress until the
    end of the constitutional term. Under clause 1(b)(4) and clause 1(d)(3)
    of rule XI, all committees are authorized to file investigative reports
    and activities reports following adjournment sine die.

      Congress separate <> in two ways only, to wit, by adjournment, or dissolution by
    the efflux of their time. What, then, constitutes a session with them? A
    dissolution certainly closes one session, and the meeting of the new
    Congress begins another. The Constitu

    [[Page 310]]

    tion authorizes the President, ``on extraordinary occasions to convene
    both Houses, or either of them.'' I. 3. If convened by the President's
    proclamation, this must begin a new session, and of course determine the
    preceding one to have been a session. So if it meets under the clause of
    the Constitution which says, ``the Congress shall assemble at least once
    in every year, and such meeting shall be on the first Monday in
    December, unless they shall by law appoint a different day.'' I. 4. This
    must begin a new session; for even if the last adjournment was to this
    day the act of adjournment is merged in the higher authority of the
    Constitution, and the meeting will be under that, and not under their
    adjournment. So far we have fixed landmarks for determining sessions. *
    * *

      The twentieth amendment to the Constitution, clause 2, now provides
    that the Congress shall assemble at least once in every year, at noon on
    the 3d day of January, unless they shall by law appoint a different day.
    Section 132 of the Legislative Reorganization Act of 1946, 60 Stat. 812,
    as amended by section 461 of the Legislative Reorganization Act of 1970,
    84 Stat. 1140, provides that except in time of war the two Houses shall
    adjourn sine die not later than the last day of July (Sundays excepted)
    unless otherwise provided by the Congress. (For form of resolution used
    to continue in session past July 31, see H. Con. Res. 648, 92d Cong.,
    July 25, 1972, p. 25145.) The same section contemplates an adjournment
    of Congress from the thirtieth day before to the second day following
    Labor Day in the first session of a Congress (each odd-numbered year) in
    lieu of an adjournment sine die. See Sec. 1106, infra. Congress is
    adjourned for more than three days by a concurrent resolution (IV, 4031,
    footnote), and such adjournments to a day certain, within the session,
    do not terminate the session (V, 6676, 6677). In one instance the two
    Houses by concurrent resolution provided for adjournment to a day
    certain with the provision that if there be no quorum present on that
    day the session should terminate (V, 6686). Before the adoption of the
    twentieth amendment it had become established practice that a meeting of
    Congress once within the year did not make uncertain the constitutional
    mandate to meet on the first Monday of December (I, 10, 11). And where a
    special session continued until the

    [[Page 311]]

    time prescribed by the Constitution for the annual meeting without an
    appreciable intervening time (V, 6690, 6692), a question arose as to
    whether there had actually been a recess of Congress (V, 6687, 6693),
    with the conclusion that a recess was a real and not an imaginary time
    (V, 6687).

      * * * In other <> cases it is declared by the joint vote authorizing
    the President of the Senate and the Speaker to close the session on a
    fixed day, which is usually in the following form: ``Resolved by the
    Senate and House of Representatives, that the President of the Senate
    and the Speaker of the House of Representatives be authorized to close
    the present session by adjourning their respective Houses on the __ day
    of __.''

      In the modern practice the resolving clause of the concurrent
    resolution is in form different from that given by Jefferson. For a
    history and chronology of adjournment resolutions, see Sec. 84, supra.

      When it was <> said above that all matters depending before
    Parliament were discontinued by the determination of the session, it was
    not meant for judiciary cases depending before the House of Lords, such
    as impeachments, appeals, and writs of error. These stand continued, of
    course, to the next session. Raym., 120, 381; Ruffh. Fac., L. D.,
    Parliament.
      Impeachments stand, in like manner, continued before the Senate of the
    United States.

      For a discussion of continuance of impeachments, see Sec. 620, infra.

                               sec. lii--treaties

    * * * * *

    [[Page 312]]

      Treaties are <> legislative acts. A treaty is the law of the land. It
    differs from other laws only as it must have the consent of a foreign
    nation, being but a contract with respect to that nation. In all
    countries, I believe, except England, treaties are made by the
    legislative power; and there, also, if they touch the laws of the land
    they must be approved by Parliament. Ware v. Hylton, 3 Dallas's Rep.,
    223. It is acknowledged, for instance, that the King of Great Britain
    cannot by a treaty make a citizen of an alien. Vattel, b. 1, c. 19, sec.
    214. An act of Parliament was necessary to validate the American treaty
    of 1783. And abundant examples of such acts can be cited. In the case of
    the treaty of Utrecht, in 1712, the commercial articles required the
    concurrence of Parliament; but a bill brought in for that purpose was
    rejected. France, the other contracting party, suffered these articles,
    in practice, to be not insisted on, and adhered to the rest of the
    treaty. 4 Russell's Hist. Mod. Europe, 457; 2 Smollet, 242, 246.
      By the <> Constitution of the United States this department of
    legislation is confined to two branches only of the ordinary
    legislature--the President originating and the Senate having a negative.
    To what subjects this power extends has not been defined in detail by
    the Constitution; nor are we entirely agreed among ourselves. 1. It is
    admitted that it must concern the foreign nation party to the contract,
    or it would be a mere nullity, res

    [[Page 313]]

    inter alias acta. 2. By the general power to make treaties, the
    Constitution must have intended to comprehend only those subjects which
    are usually regulated by treaty, and can not be otherwise regulated. 3.
    It must have meant to except out of these the rights reserved to the
    States; for surely the President and Senate can not do by treaty what
    the whole Government is interdicted from doing in any way. 4. And also
    to except those subjects of legislation in which it gave a participation
    to the House. This last exception is denied by some on the ground that
    it would leave very little matter for the treaty power to work on. The
    less the better, say others. The Constitution thought it wise to
    restrain the executive and Senate from entangling and embroiling our
    affairs with those of Europe. Besides, as the negotiations are carried
    on by the executive alone, the subjecting to the ratification of the
    representatives such articles as are within their participation is no
    more inconvenient than to the Senate. But the ground of this exception
    is denied as unfounded. For examine, e.g., the treaty of commerce with
    France, and it will be found that, out of thirty-one articles, there are
    not more than small portions of two or three of them which would not
    still remain as subjects of treaties, untouched by these exceptions.

      The <> participation of the House in the treaty-making power has
    been often examined since Jefferson's Manual was written. The House has
    in several instances taken action in carrying into effect, terminating,
    enforcing, and suggesting treaties (II, 1502-1505, 1520-1522), although
    sometimes the propriety of requesting the executive to negotiate a
    treaty has been questioned (II, 1514-1517).

    [[Page 314]]

      The exact <> authority of the House in the making of general treaties has
    been the subject of differences of opinion. In 1796 the House affirmed
    that, when a treaty related to subjects within the power of Congress, it
    was the constitutional duty of the House to deliberate on the expediency
    of carrying such treaty into effect (II, 1509); and in 1816, after a
    discussion with the Senate, the House maintained its position that a
    treaty must depend on a law of Congress for its execution as to such
    stipulations as relate to subjects constitutionally entrusted to
    Congress (II, 1506). In 1868 the House's assertion of right to a voice
    in carrying out the stipulations of certain treaties was conceded in a
    modified form (II, 1508). Again, in 1871, the House asserted its
    prerogative (II, 1523). In 1820 and 1868 there were discussions of the
    House's functions as to treaties ceding or acquiring foreign territory
    (II, 1507, 1508), and at various other times there have been discussions
    of the general subject (II, 1509, 1546, 1547; VI, 324-326).
      After long and <> careful consideration the Judiciary Committee of the House
    decided, in 1887, that the executive branch of the Government might not
    conclude a treaty affecting the revenue without the assent of the House
    (II, 1528-1530), and a Senate committee after examination concluded that
    duties were more properly regulated with the publicity of congressional
    action than by treaties negotiated by the President and ratified by the
    Senate in secrecy (II, 1532). In practice the House has acted on revenue
    treaties (II, 1531, 1533); and in 1880 it declared the negotiation of a
    revenue treaty an invasion of its prerogatives (II, 1524). At other
    times the subject has been discussed (II, 1525-1528, 1531, 1533).
      After long <> discussion the House, in 1871, successfully asserted its
    right to a voice in approving Indian treaties (II, 1535, 1536), although
    in earlier times this prerogative had been jealously guarded by the
    executive (II, 1534).
      There have been various conflicts with the executive over requests of
    the House for papers relating to treaties (II, 1509-1513, 1518, 1519,
    1561).

      Treaties being <> declared, equally with the laws of the United States, to be the
    supreme law of the land, it is understood that an act of the legislature
    alone can declare them infringed and rescinded. This was accordingly the
    process adopted in the case of France in 1798.

      Notice to a foreign government of the abrogation of a treaty is
    authorized by a joint resolution (V, 6270). A resolution alleging an
    unconstitutional abrogation of a treaty by the President, and calling on
    the President to seek the approval of Congress before such abrogation,
    does not constitute

    [[Page 315]]

    a question of the privileges of the House under rule IX (June 6, 2002,
    pp. 9492-98 (sustained by tabling of appeal)).

      It has <> been the usage for the Executive, when it communicates a
    treaty to the Senate for their ratification, to communicate also the
    correspondence of the negotiators. This having been omitted in the case
    of the Prussian treaty, was asked by a vote of the House of February 12,
    1800, and was obtained. And in December, 1800, the convention of that
    year between the United States and France, with the report of the
    negotiations by the envoys, but not their instructions, being laid
    before the Senate, the instructions were asked for and communicated by
    the President.
      The mode of voting on questions of ratification is by nominal call.

      The Senate now has rules governing its procedure on treaties.

                             sec. liii--impeachment

    * * * * *
      These are the <> provisions of the Constitution of the United States
    on the subject of impeachments. The following is a sketch of some of the
    principles and practices of England on the same subject:
      Jurisdiction. The Lords can not impeach any to themselves, nor join in
    the accusation, because they are the judges. Seld. Judic. in Parl., 12,
    63. Nor can they proceed against a commoner but on complaint of the
    Commons. Ib., 84. The Lords may not, by the law, try a commoner for a
    capital offense, on the information of the

    [[Page 316]]

    King or a private person, because the accused is entitled to a trial by
    his peers generally; but on accusation by the House of Commons, they may
    proceed against the delinquent, of whatsoever degree, and whatsoever be
    the nature of the offense; for there they do not assume to themselves
    trial at common law. The Commons are then instead of a jury, and the
    judgment is given on their demand, which is instead of a verdict. So the
    Lords do only judge, but not try the delinquent. Ib., 6, 7. But
    Wooddeson denies that a commoner can now be charged capitally before the
    Lords, even by the Commons; and cites Fitzharris's case, 1681, impeached
    of high treason, where the Lords remitted the prosecution to the
    inferior court. 8 Grey's Deb., 325-7; 2 Wooddeson, 576, 601; 3 Seld.,
    1604, 1610, 1618, 1619, 1641; 4 Blackst., 25; 9 Seld., 1656; 73 Seld.,
    1604-18.
      Accusation. The <> Commons, as the grand inquest of the nation, becomes
    suitors for penal justice. 2 Wood., 597; 6 Grey, 356. The general course
    is to pass a resolution containing a criminal charge against the
    supposed delinquent, and then to direct some member to impeach him by
    oral accusation, at the bar of the House of Lords, in the name of the
    Commons. The person signifies that the articles will be exhibited, and
    desires that the delinquent may be sequestered from his seat, or be
    committed, or that the peers will take order for his appearance. Sachev.
    Trial, 325; 2

    [[Page 317]]

    Wood., 602, 605; Lords' Journ., 3 June, 1701; 1 Wms., 616; 6 Grey, 324.

      In the <> House various events have been credited with setting an
    impeachment in motion: charges made on the floor on the responsibility
    of a Member or Delegate (II, 1303; III, 2342, 2400, 2469; VI, 525, 526,
    528, 535, 536); charges preferred by a memorial, which is usually
    referred to a committee for examination (III, 2364, 2491, 2494, 2496,
    2499, 2515; VI, 543); a resolution introduced by a Member and referred
    to a committee (Apr. 15, 1970, p. 11941; Oct. 23, 1973, p. 34873); a
    message from the President (III, 2294, 2319; VI, 498); charges
    transmitted from the legislature of a State (III, 2469) or territory
    (III, 2487) or from a grand jury (III, 2488); or facts developed and
    reported by an investigating committee of the House (III, 2399, 2444).
    In the 93d Congress, the Vice President sought to initiate an
    investigation by the House of charges against him of possibly
    impeachable offenses. The Speaker and the House took no action on the
    request because the matter was pending in the courts and the offenses
    did not relate to activities during the Vice President's term of office
    (Sept. 25, 1973, p. 31368; III, 2510 (wherein the Committee on the
    Judiciary, to which the matter had been referred by privileged
    resolution, reported that the Vice President could not be impeached for
    acts or omissions committed before his term of office)). On the other
    hand, in 1826 the Vice President's request that the House investigate
    charges against his prior official conduct as Secretary of War was
    referred, on motion, to a select committee (III, 1736). On September 9,
    1998, an independent counsel transmitted to the House under 28 U.S.C.
    595(c) a communication containing evidence of alleged impeachable
    offenses by the President. The House adopted a privileged resolution
    reported by the Committee on Rules referring the communication to the
    Committee on the Judiciary, restricting Members' access to the
    communication, and restricting access to committee meetings and hearings
    on the communication (H. Res. 525, Sept. 11, 1998, p. 20020). Later, the
    House adopted a privileged resolution reported by the Committee on the
    Judiciary authorizing an impeachment inquiry by that committee (H. Res.
    581, Oct. 8, 1998, p. 24679). The authority to appoint an independent
    counsel under 28 U.S.C. 573 expired on June 30, 1999.
      A direct <> proposition to impeach is a question of high privilege in
    the House and at once supersedes business otherwise in order under the
    rules governing the order of business (III, 2045-2048, 2051, 2398; VI,
    468, 469; July 22, 1986, p. 17294; Aug. 3, 1988, p. 20206; May 10, 1989,
    p. 8814; Sept. 23, 1998, pp. 21560-62; Nov. 6, 2007, p. 29817; June 10,
    2008, p. 12053; July 15, 2008, pp. 15084, 15086; see Deschler, ch. 14,
    Sec. 8). It may not even be superseded by an election case, which is
    also a matter of high privilege (III, 2581). It does not lose its
    privilege from the fact that a similar

    [[Page 318]]

    proposition has been made at a previous time during the same session of
    Congress (III, 2408; July 15, 2008, pp. 15084, 15086 (see June 10, 2008,
    p. 12053)), previous action of the House not affecting it (III, 2053).
    As such, a report of the Committee on the Judiciary accompanying an
    impeachment resolution is filed from the floor as privileged (Dec. 17,
    1998, p. 27819), and is called up as privileged (Dec. 18, 1998, p.
    27828). The addition of new articles of impeachment offered by the
    managers but not reported by committee is also privileged (III, 2401),
    as is a proposition to refer to committee the papers and testimony in an
    impeachment of the preceding Congress (V, 7261). To a privileged
    resolution of impeachment, an amendment proposing instead censure, which
    is not privileged, was held not germane (Dec. 19, 1998, p. 28107). On
    several occasions the Committee on the Judiciary, having been referred a
    question of impeachment, reported a recommendation that impeachment was
    not warranted and, thereafter, called up the report as a question of
    privilege (Deschler, ch. 14, Sec. 1.3). Under 28 U.S.C. 596(a) an
    independent counsel appointed to investigate the President may be
    impeached; and a resolution impeaching such independent counsel
    constitutes a question of the privileges of the House under rule IX
    (Sept. 23, 1998, p. 21560).
      Propositions relating to an impeachment already made also are
    privileged (III, 2400, 2402, 2410; July 22, 1986, p. 17294; Dec. 2,
    1987, p. 33720; Aug. 3, 1988, p. 20206), such as resolutions providing
    for selection of managers of an impeachment (VI, 517; Dec. 19, 1998, p.
    28112), proposing abatement of impeachment proceedings (VI, 514),
    reappointing managers for impeachment proceedings continued in the
    Senate from the previous Congress (Jan. 3, 1989, p. 84; Jan. 6, 1999, p.
    14), empowering managers to hire special legal and clerical personnel
    and providing for their pay, and to carry out other responsibilities
    (Jan. 3, 1989, p. 84; Dec. 19, 1998, p. 28112; Jan. 6, 1999, p. 240),
    and replacing an excused manager (Feb. 7, 1989, p. 1726); but a
    resolution simply proposing an investigation, even though impeachment
    may be a possible consequence, is not privileged (III, 2050, 2546; VI,
    463).
      Where a resolution of investigation positively proposes impeachment or
    suggests that end, it has been admitted as of privilege (III, 2051,
    2052, 2401, 2402), such as a resolution reported by the Committee on the
    Judiciary authorizing an impeachment inquiry by that committee and
    investing the committee with special investigative authorities to
    facilitate the inquiry (III, 2029; VI, 498, 528, 549; Deschler, ch. 14,
    Sec. Sec. 5.8, 6.2; H. Res. 581, Oct. 8, 1998, p. 24679). A committee to
    which has been referred privileged resolutions for the impeachment of an
    officer may call up as privileged resolutions incidental to
    consideration of the impeachment question, including conferral of
    subpoena authority and funding of the investigation from the contingent
    fund (now referred to as ``applicable accounts of the House described in
    clause 1(k)(1) of rule X'') (VI, 549; Feb. 6, 1974, p. 2349). Similarly,
    a resolution authorizing depositions by committee counsel

    [[Page 319]]

    in an impeachment inquiry is privileged under rule IX as incidental to
    impeachment (Speaker Wright, Oct. 3, 1988, p. 27781).
      The impeachment <> having been made on the floor by a Member (III, 2342, 2400;
    VI, 525, 526, 528, 535, 536), or charges suggesting impeachment having
    been made by memorial (III, 2495, 2516, 2520; VI, 552), or even
    appearing through common fame (III, 2385, 2506), the House has at times
    ordered an investigation at once. At other times it has refrained from
    ordering investigation until the charges had been examined by a
    committee (III, 2364, 2488, 2491, 2492, 2494, 2504, 2513) or has
    referred to committee an impeachment resolution raised as a question of
    privilege (Nov. 6, 2007, p. 29820; June 10, 2008, p. 12072 and June 11,
    2008, p. 12218). Under the later practice, resolutions introduced
    through the hopper that directly call for the impeachment of an officer
    have been referred to the Committee on the Judiciary, but resolutions
    calling for an investigation by that committee or by a select committee
    with a view toward impeachment have been referred to the Committee on
    Rules (Oct. 23, 1973, p. 34873). Upon receipt of a communication from an
    independent counsel transmitting to the House under 28 U.S.C. 595(c) a
    communication containing evidence of alleged impeachable offenses by the
    President, the House adopted a resolution reported by the Committee on
    Rules referring the communication to the Committee on the Judiciary to
    conduct a review (H. Res. 525, 106th Cong., Sept. 11, 1998, p. 20020).
    Later, the House adopted a privileged resolution reported by the
    Committee on the Judiciary authorizing an impeachment inquiry by that
    committee (H. Res. 581, Oct. 8, 1998, pp. 24679, 24735).
      The House has <> always examined the charges by its own committee before
    it has voted to impeach (III, 2294, 2487, 2501). This committee has
    sometimes been a select committee (III, 2342, 2487, 2494), sometimes a
    standing committee (III, 2400, 2409). In some instances the committee
    has made its inquiry ex parte (III, 2319, 2343, 2366, 2385, 2403, 2496,
    2511); but in the later practice the sentiment of committees has been in
    favor of permitting the accused to explain, present witnesses, cross-
    examine (III, 2445, 2471, 2518), and be represented by counsel (III,
    2470, 2501, 2511, 2516; 93d Cong., Aug. 20, 1974, p. 29219; H. Rept.
    105-830, Dec. 16, 1998). The Committee on the Judiciary having been
    directed by the House to investigate whether sufficient grounds existed
    for the impeachment of President Nixon, and the President having
    resigned following the decision of that committee to recommend his
    impeachment to the House, the chair of the committee submitted from the
    floor as privileged the committee's report containing the articles of
    impeachment approved by the committee but without an accompanying
    resolution of impeachment. The House thereupon adopted a resolution (1)
    taking notice of the committee's action on a resolution and Articles of
    Impeachment and of the President's resignation; (2) accepting the report
    and authorizing its printing, with additional

    [[Page 320]]

    views; and (3) commending the chair and members of the committee for
    their efforts (Aug. 20, 1974, p. 29361).
      During the <> pendency of an impeachment resolution, remarks in debate
    may include references to personal misconduct on the part of the
    President but may not include language generally abusive toward the
    President and may not include comparisons to the personal conduct of
    sitting Members of the House or Senate (Dec. 18, 1998, p. 27829). A
    resolution setting forth separate articles of impeachment may be divided
    among the articles (e.g., Dec. 19, 1998, p. 28110; Mar. 11, 2010, p.
    3153).
      Its committee <> on investigation having reported, the House may vote the
    impeachment (III, 2367, 2412; VI, 500, 514; Mar. 2, 1936, pp. 3067-91),
    and, after having notified the Senate by message (III, 2413, 2446), may
    direct the impeachment to be presented at the bar of the Senate by a
    single Member (III, 2294), or by two (III, 2319, 2343, 2367), or five
    (III, 2445) or nine (July 22, 1986, p. 17306) or 13 (Dec. 19, 1998, p.
    28112). These Members in two notable cases represented the majority
    party alone (e.g., Dec. 19, 1998, p. 28112), but ordinarily include
    representation of the minority party (III, 2445, 2472, 2505). Under
    early practice the House elected managers by ballot (III, 2300, 2323,
    2345, 2368, 2417). In two instances the Speaker appointed the managers
    on behalf of the House pursuant to an order of the House (III, 2388,
    2475). Since 1912 the House has adopted a resolution appointing
    managers. In the later practice the House considers together the
    resolution and articles of impeachment (VI, 499, 500, 514; Mar. 2, 1936,
    pp. 3067-91) and following their adoption adopts resolutions electing
    managers to present the articles before the Senate, notifying the Senate
    of the adoption of articles and election of managers, and authorizing
    the managers to prepare for and to conduct the trial in the Senate (VI,
    500, 514, 517; Mar. 6, 1936, pp. 3393, 3394; July 22, 1986, p. 17306;
    Aug. 3, 1988, p. 20206). These privileged incidental resolutions may be
    merged into a single indivisible privileged resolution (H. Res. 614,
    Dec. 19, 1998, p. 28112; H. Res. 10, Jan. 6, 1999, p. 240).
      Process. If the <> party do not appear, proclamations are to be issued, giving
    him a day to appear. On their return they are strictly examined. If any
    error be found in them, a new proclamation issues, giving a short day.
    If he appear not, his goods may be arrested, and they may proceed. Seld.
    Jud. 98, 99.

    [[Page 321]]

      Under <> an order of the Senate, the Secretary of the Senate
    informed the House and the Chief Justice that it was ready to receive
    the House managers for the purpose of exhibiting articles of impeachment
    against President Clinton (Jan. 6, 1999, p. 37). At the appointed hour
    the House managers were announced and escorted into the Senate chamber
    by the Senate Sergeant-at-Arms (Jan. 7, 1999, p. 272). The managers
    presented the articles of impeachment by reading two resolutions as
    follows: (1) the appointment of managers (H. Res. 10, Jan. 7, 1999, p.
    272); and (2) the two articles of impeachment (H. Res. 611, Jan. 7,
    1999, p. 273). Thereupon, the managers requested the Senate take order
    for trial (Jan. 7, 1999, p. 273).
      The Senate adopted a resolution governing the initial impeachment
    proceedings of President Clinton (S. Res. 16, Jan. 8, 1999, p. 349).
    Later it adopted a second resolution governing the remaining proceedings
    (S. Res. 30, Jan. 28, 1999, p. 1843). The first resolution issued the
    summons in the usual form. It also provided a timetable for (1) the
    filing of an answer by the President; (2) the filing of a reply by the
    House, together with the record consisting of publicly available
    materials that had been submitted to or produced by the House Judiciary
    Committee (the resolution further directed that the record be admitted
    into evidence, printed, and made available to Senators); (3) the filing
    of a trial brief by the House; (4) the filing of any motions permitted
    under the rules of impeachment (except for motions to subpoena witnesses
    or to present evidence not in the record); (5) the filing of responses
    to any such motions; (6) the filing of a trial brief by the President;
    (7) the filing of a rebuttal brief by the House; and (8) arguments on
    such motions. The resolution then directed the Senate to dispose of any
    such motions and established a further timetable for (1) the House to
    make its presentation in support of the articles of impeachment (such
    argument to be confined to the record); (2) the President to make his
    presentation in opposition to the articles of impeachment; and (3) the
    Senators to question the parties. The resolution directed the Senate,
    upon completion of that phase of the proceedings, to dispose of a motion
    to dismiss, and if defeated, to dispose of a motion to subpoena
    witnesses or to present any evidence not in the record. The resolution
    further provided that, if the motion to call witnesses were adopted, the
    witnesses would first be deposed and then the Senate would decide which
    witnesses should testify. It further provided that if the Senate failed
    to dismiss the case, the parties would proceed to present evidence.
    Finally, the resolution directed the Senate to vote on each article of
    impeachment at the conclusion of the deliberations. The evidentiary
    record (summons, answer, replies, and trial briefs) was printed in the
    Record by unanimous consent (Jan. 14, 1999, p. 357). Pursuant to the
    previous order of the Senate (S. Res. 16, Jan. 8, 1999, p. 349), the
    House managers were recognized for 24 hours to present their case in
    support of conviction and removal (Jan. 14, 1999, p. 521); counsel for
    the President was then recognized for 24 hours to

    [[Page 322]]

    present the President's defense (Jan. 19, 1999, p. 1055); and Senators
    submitted questions in writing of either the House managers or the
    President's counsel (which were read by the Chief Justice, alternating
    between parties) for a period not to exceed 16 hours (Jan. 22, 1999, p.
    1244). The Chief Justice ruled that a House manager could not object to
    a question although he could object to an answer (Jan. 22, 1999, p.
    1250; Jan. 23, 1999, p. 1320). The Senate adopted a motion to consider a
    motion to dismiss in executive session (Jan. 25, 1999, p. 1339), and the
    motion to dismiss was defeated (Jan. 27, 1999, p. 1397). The Senate
    adopted a motion to consider a motion of the House managers to subpoena
    witnesses in executive session (Jan. 26, 1999, p. 1370). The Senate
    adopted that motion, which: (1) authorized the issuance of subpoenas for
    depositions of three witnesses; (2) admitted miscellaneous documents
    into the trial record; and (3) petitioned the Senate to request the
    appearance of the President at a deposition (Jan. 26, 1999, p. 1370).
      The Senate subsequently adopted a resolution governing the remaining
    impeachment proceedings as follows: (1) establishment of a timetable for
    conducting and reviewing depositions, resolving any objections made
    during the depositions, and considering motions to admit any portions of
    the depositions into evidence; (2) consideration of motions for
    additional discovery (if made by the two Leaders jointly); (3)
    disposition of motions governing the presentation of evidence or
    witnesses before the Senate and motions by the President's counsel
    (specifically precluding a motion to reopen the record and specifically
    permitting a motion to allow final deliberations in open session); (4)
    establishment of a timetable to vote on the articles of impeachment; and
    (5) authorization to issue subpoenas to take certain depositions and to
    establish procedures for conducting depositions (S. Res. 30, Jan. 28,
    1999, p. 1453). The Senate adopted two parts of a divided motion as
    follows: (1) permitting the House managers to admit transcripts and
    videotapes of oral depositions into evidence (Feb. 4, 1999, p. 1817);
    and (2) permitting the parties to present before the Senate for an
    equally divided specified period of time portions of videotapes or oral
    depositions admitted into evidence, having first rejected a preemptive
    motion to restrict the House managers' presentation of evidence to
    written transcripts (Feb. 4, 1999, p. 1817). The Senate rejected the
    portion of the divided motion that would have authorized a subpoena for
    the appearance of a named witness (Feb. 4, 1999, p. 1827). During debate
    on the motion, the Senate, by unanimous consent, permitted the House
    managers and counsel for the President to make references to videotaped
    oral depositions (Feb. 4, 1999, p. 1817). The Senate rejected two
    additional motions as follows: (1) a motion to proceed directly to
    closing arguments and an immediate vote on the articles of impeachment
    (Feb. 4, 1999, p. 1827); and (2) a motion that the House managers
    provide written notice to counsel for the President by a time certain of
    those portions of videotaped deposition testimony they planned to use
    during their evidentiary presentation or during closing arguments (Feb.
    4, 1999, p. 1827). By unanimous consent the Senate printed

    [[Page 323]]

    certain deposition transcripts in the Record and transmitted to the
    House managers and the counsel for the President deposition transcripts
    and videotapes (Feb. 4, 1999, p. 1827). The Chief Justice held
    inadmissible a portion of a videotaped deposition not entered as
    evidence into the Senate record (other portions of which were admitted
    under an order of the Senate), and a unanimous-consent request
    nevertheless to admit that portion of a deposition was objected to (Feb.
    6, 1999, p. 1954). After closing arguments, the Senate adopted a motion
    to consider the articles of impeachment in closed session (Feb. 9, 1999,
    p. 2055). After closed deliberations the Senate Clerk read the articles
    of impeachment in open session, and each Senator voted ``guilty'' or
    ``not guilty'' on each article (Feb. 12, 1999, p. 2375). By votes of 45-
    55 and 50-50 respectively, the Senate adjudged President Clinton not
    guilty on each article of impeachment (Feb. 12, 1999, p. 2375). The
    Senate communicated to the House and the Secretary of State the judgment
    of the Senate (Feb. 12, 1999, p. 2375).
      See S. Doc. 93-102, ``Procedure and Guidelines for Impeachment Trials
    in the United States Senate,'' for precedents relating to the conduct of
    Senate impeachments.

      Articles. The accusation <> (articles) of the Commons is substituted in place of an
    indictment. Thus, by the usage of Parliament, in impeachment for writing
    or speaking, the particular words need not be specified. Sach. Tr., 325;
    2 Wood., 602, 605; Lords' Journ., 3 June, 1701; 1 Wms., 616.

      Having delivered the impeachment, the committee returns to the House
    and reports verbally (III, 2413, 2446; VI, 501). Formerly, the House
    exhibited its articles after the impeachment had been carried to the bar
    of the Senate; in the later practice, the resolution and articles of
    impeachment have been considered together and exhibited simultaneously
    in the Senate by the managers (VI, 501, 515; Mar. 10, 1936, pp. 3485-88;
    Oct. 7, 1986, p. 29126; Jan. 7, 1999, p. 272). The managers, who are
    elected by the House (III, 2300, 2345, 2417, 2448; VI, 500, 514, 517;
    Mar. 2, 1936, pp. 3393, 3394) or appointed by the Speaker (III, 2388,
    2475), carry the articles in obedience to a resolution of the House
    (III, 2417, 2419, 2448) to the bar of the Senate (III, 2420, 2449,
    2476), the House having previously informed the Senate (III, 2419, 2448)
    and received a message informing them of the readiness of the latter
    body to receive the articles (III, 2078, 2325, 2345; Aug. 6, 1986, p.
    19335; Jan. 6, 1999, p. 240). Having exhibited the articles the managers
    return and report verbally to the House (III, 2449, 2476).
      The articles in the Belknap impeachment were held sufficient, although
    attacked for not describing the respondent as one subject to impeachment

    [[Page 324]]

    (III, 2123). In the proceedings against Judge Ritter, objections to the
    articles of impeachment, on the ground that they duplicated and
    accumulated separate offenses, were overruled (Apr. 3, 1936, p. 4898;
    Apr. 17, 1936, p. 5606). These articles are signed by the Speaker and
    attested by the Clerk (III, 2302, 2449), and in form approved by the
    practice of the House (III, 2420, 2449, 2476).
      Articles of impeachment that have been exhibited to the Senate may be
    subsequently modified or amended by the House (VI, 520; Mar. 30, 1936,
    pp. 4597-99), and a resolution proposing to amend articles of
    impeachment previously adopted by the House is privileged for
    consideration when reported by the managers on the part of the House
    (VI, 520; Mar. 30, 1936, p. 4597).
      For discussion of substantive charges contained in articles of
    impeachment and the constitutional grounds for impeachment, see
    Sec. 175, supra (accompanying Const., art. II, sec. 4). For a discussion
    of the presentation of the House managers in support of the impeachment
    of President Clinton, and related matters, see Sec. 608a, supra.

      Appearance. If he <> appear, and the case be capital, he answers in custody;
    though not if the accusation be general. He is not to be committed but
    on special accusations. If it be for a misdemeanor only, he answers, a
    lord in his place, a commoner at the bar, and not in custody, unless, on
    the answer, the Lords find cause to commit him, till he finds sureties
    to attend, and lest he should fly. Seld. Jud., 98, 99. A copy of the
    articles is given him, and a day fixed for his answer. T. Ray.; 1
    Rushw., 268; Fost., 232; 1 Clar. Hist. of the Reb., 379. On a
    misdemeanor, his appearance may be in person, or he may answer in
    writing, or by attorney. Seld. Jud., 100. The general rule on accusation
    for a misdemeanor is, that in such a state of liberty or restraint as
    the party is when the Commons complain of him, in such he is to answer.
    Ib., 101. If previously committed by the commons, he answers as a
    prisoner. But this

    [[Page 325]]

    may be called in some sort judicium parium suorum. Ib. In misdemeanors
    the party has a right to counsel by the common law, but not in capital
    cases. Seld. Jud., 102, 105.

      This paragraph <> of the parliamentary law is largely obsolete
    so far as the practice of the House and the Senate are concerned. The
    accused may appear in person or by attorney (III, 2127, 2349, 2424), and
    take the stand (VI, 511, 524; Apr. 11, 1936, pp. 5370-86; Oct. 7, 1986,
    p. 29149), or may not appear at all (III, 2307, 2333, 2393). In case the
    accused does not appear the House does not ask that the accused be
    compelled to appear (III, 2308), but the trial proceeds as on a plea of
    ``not guilty.'' The writ of summons to the accused recites the articles
    and notifies the accused to appear at a fixed time and place and file an
    answer (III, 2127). In all cases respondent may appear by counsel (III,
    2129), and in one trial, when a petition set forth that respondent was
    insane, the counsel of his son was admitted to be heard and present
    evidence in support of the petition, but not to make argument (III,
    2333). For a discussion of answers, arguments, and presentations of the
    respondent in the Clinton impeachment proceedings, see Sec. 608a, supra.
      The chair of the committee impeaches at the bar of the Senate by oral
    accusation (III, 2413, 2446, 2473), and the managers for the House
    attend in the Senate after the articles have been exhibited and demand
    that process issue for the attendance of respondent (III, 2451, 2478),
    after which they return and report verbally to the House (III, 2423,
    2451; VI, 501). The Senate thereupon issue a writ of summons, fixing the
    day of return (III, 2423, 2451; S. Res. 16, Jan. 8, 1999, p. 349); and
    in a case wherein the respondent did not appear by person or attorney
    the Senate published a proclamation for him to appear (III, 2393). But
    the respondent's goods were not attached. In only one case has the
    parliamentary law as to sequestration and committal been followed (III,
    2118, 2296), later inquiry resulting in the conclusion that the Senate
    had no power to take into custody the body of the accused (III, 2324,
    2367).

      Answer. The <> answer need not
    observe great strictness of the form. He may plead guilty as to part,
    and defend as to the residue; or, saving all exceptions, deny the whole
    or give a particular answer to each article separately. 1 Rush., 274; 2
    Rush., 1374; 12 Parl. Hist., 442; 3 Lords' Journ., 13 Nov., 1643; 2
    Wood., 607. But he cannot plead a pardon in

    [[Page 326]]

    bar to the impeachment. 2 Wood., 615; 2 St. Tr., 735.

      In the Senate proceedings of the impeachment of President Andrew
    Johnson, the answer of the President took up the articles one by one,
    denying some of the charges, admitting others but denying that they set
    forth impeachable offenses, and excepting to the sufficiency of others
    (III, 2428). The form of this answer was commented on during preparation
    of the replication in the House (III, 2431). In the Senate proceedings
    on the impeachment of President Clinton, the answer of the President
    also took up the articles one by one, denying some of the charges and
    admitting others but denying that they set forth impeachable offenses
    (Jan. 14, 1999, pp. 359-361). Blount and Belknap demurred to the charges
    on the ground that they were not civil officers within the meaning of
    the Constitution (III, 2310, 2453), and Swayne also raised questions as
    to the jurisdiction of the Senate (III, 2481). The answer is part of the
    pleadings, and exhibits in the nature of evidence may not properly be
    attached thereto (III, 2124). The answer of the respondent in
    impeachment proceedings is messaged to the House and subsequently
    referred to the managers on the part of the House (VI, 506; Apr. 6,
    1936, p. 5020; Sept. 9, 1986, p. 22317).
      For a chronology of arguments and presentations of the respondent in
    the Clinton impeachment proceedings, see Sec. 608a, supra.

      Replication, rejoinder, <> &c. There
    may be a replication, rejoinder, &c. Sel. Jud., 114; 8 Grey's Deb., 233;
    Sach. Tr., 15; Journ. H. of Commons, 6 March, 1640-1.

      A replication is always filed (for the form of replication in modern
    practice, see Sept. 26, 1988, p. 25357), and in one instance the
    pleadings proceeded to a rejoinder, surrejoinder, and similiter (III,
    2455). A respondent also has filed a protest instead of pleading on the
    merits (III, 2461), but there was objection to this and the Senate
    barely permitted it. In another case respondent interposed a plea as to
    jurisdiction of offenses charged in certain articles, but declined to
    admit that it was a demurrer with the admissions pertinent thereto (III,
    2125, 2431). In the Belknap trial the House was sustained in averring in
    pleadings as to jurisdiction matters not averred in the articles (III,
    2123). The right of the House to allege in the replication matters not
    touched in the articles has been discussed (III, 2457). In the
    Louderback (VI, 522) and Ritter (Apr. 6, 1936, p. 4971) impeachment
    proceedings, the managers on the part of the House prepared and
    submitted the replication to the Senate without its consideration by the
    House, contrary to former practice (VI, 506). The Senate may consider in
    closed session various preliminary motions made by respondent (e.g., to
    declare the Senate rule on appointment of a committee to receive
    evidence to be unconstitutional, to declare beyond a reasonable doubt as
    the

    [[Page 327]]

    standard of proof in an impeachment trial, and to postpone the
    impeachment trial) before voting in open session to dispose of those
    motions (Oct. 7, 8, 1986, pp. 29151, 29412).
      For a chronology in the Senate of disposition of motions permitted
    under Senate impeachment rules, see Sec. 608a, supra.

      Witnesses. The <> practice
    is to swear the witnesses in open House, and then examine them there; or
    a committee may be named, who shall examine them in committee, either on
    interrogatories agreed on in the House, or such as the committee in
    their discretion shall demand. Seld. Jud., 120, 123.

      In trials before the Senate witnesses have always been examined in
    open Senate, although examination by a committee has been suggested
    (III, 2217) and utilized (S. Res. 38, 101st Cong., Mar. 16, 1989, p.
    4533). In the 74th Congress, the Senate amended its rules for
    impeachment trials to allow the presiding officer, upon the order of the
    Senate, to appoint a committee to receive evidence and take testimony in
    the trial of any impeachment (May 28, 1935, p. 8309). In the trial of
    Judge Claiborne the Senate directed the appointment of a committee of
    twelve Senators to take evidence and testimony pursuant to rule XI of
    the Rules of Procedure and Practice in the Senate when Sitting on
    Impeachment Trials (S. Res. 481, Aug. 15, 1986, p. 22035); and in Nixon
    v. United States, 506 U.S. 224 (1993), the Supreme Court refused to
    declare unconstitutional the appointment of such a committee to take
    evidence and testimony.
      For a chronology of motions to subpoena witnesses during the Senate
    impeachment proceedings against President Clinton, see Sec. 608a, supra.

      Jury. In the <> case of Alice Pierce, 1 R., 2, a jury was impaneled for
    her trial before a committee. Seld. Jud., 123. But this was on a
    complaint, not on impeachment by the Commons. Seld. Jud., 163. It must
    also have been for a misdemeanor only, as the Lords spiritual sat in the
    case, which they do on misdemeanors, but not in capital cases. Id., 148.
    The judgment was a forfeiture of all her lands and goods. Id., 188.
    This, Selden says, is the only jury he finds recorded in Parliament for

    [[Page 328]]

    misdemeanors; but he makes no doubt, if the delinquent doth put himself
    on the trial of his country, a jury ought to be impaneled, and he adds
    that it is not so on impeachment by the Commons, for they are in loco
    proprio, and there no jury ought to be impaneled. Id., 124. The Ld.
    Berkeley, 6 E., 3, was arraigned for the murder of L. 2, on an
    information on the part of the King, and not on impeachment of the
    Commons; for then they had been patria sua. He waived his peerage, and
    was tried by a jury of Gloucestershire and Warwickshire. Id., 126. In 1
    H., 7, the Commons protest that they are not to be considered as parties
    to any judgment given, or hereafter to be given in Parliament. Id., 133.
    They have been generally and more justly considered, as is before
    stated, as the grand jury; for the conceit of Selden is certainly not
    accurate, that they are the patria sua of the accused, and that the
    Lords do only judge, but not try. It is undeniable that they do try; for
    they examine witnesses as to the facts, and acquit or condemn, according
    to their own belief of them. And Lord Hale says, ``the peers are judges
    of law as well as of fact;'' 2 Hale, P. C., 275; Consequently of fact as
    well as of law.

      No jury is possible as part of an impeachment trial under the
    Constitution (III, 2313). In 1868, after mature consideration, the
    Senate overruled the old view of its functions (III, 2057), and decided
    that it sat for impeachment trials as the Senate and not as a court
    (III, 2057), and eliminated from its rules all mention of itself as a
    ``high court of impeachment'' (III, 2079, 2082). However, the modern
    view of the Senate as a court was evident during the impeachment trial
    of President Clinton. There the Senate convened as a ``Court of
    Impeachment'' (see, e.g., Jan. 7, 1999, p. 272). In response to an
    objection raised by a Senator, the Chief Justice held that

    [[Page 329]]

    the Senate was not sitting as a ``jury'' but was sitting as a ``court''
    during the impeachment trial of President Clinton. As such, the House
    managers were directed to refrain from referring to the Senators as
    ``jurors'' (Jan. 15, 1999, p. 580).
      An anxiety lest <> the Chief
    Justice might have a vote in the approaching trial of the President
    seems to have prompted this earlier action (III, 2057). There was
    examination of the question of the Chief Justice's power to vote (III,
    2098); but the Senate declined to declare his incapacity to vote, and he
    did in fact give a casting vote on incidental questions (III, 2067).
    Under the earlier practice, the Senate declined to require that the
    Chief Justice be sworn when about to preside (III, 2080); but the Chief
    Justice had the oath administered by an associate justice (III, 2422).
    The President pro tempore of the Senate, pursuant to an earlier order of
    the Senate, appointed a committee to escort the Chief Justice into the
    Senate chamber to preside over the impeachment trial of President
    Clinton, administered the oath to him, and the Chief Justice in turn
    administered the oath to the Senators (Jan. 7, 1999, p. 272).
      In impeachments for officers other than the President of the United
    States the presiding officer of the Senate presides, whether being Vice
    President, the regular President pro tempore (III, 2309, footnote, 2337,
    2394) or a special President pro tempore chosen to preside at the trial
    only (III, 2089, 2477).
      Senators elected after <> the
    beginning of an impeachment trial are sworn as in the case of other
    Senators (III, 2375). The quorum of the Senate sitting for an
    impeachment trial is a quorum of the Senate itself, and not merely a
    quorum of the Senators sworn for the trial (III, 2063). The vote
    required for conviction is two-thirds of those Senators present and
    voting (Oct. 20, 1989, p. 25335). In 1868, when certain States were
    without representation, the Senate declined to question its competency
    to try an impeachment case (III, 2060). The President pro tempore of the
    Senate administered the oath to the Chief Justice presiding over the
    impeachment trial of President Clinton, and the Chief Justice in turn
    administered the oath to the Senators (Jan. 7, 1999, p. 272).

      Presence of <> Commons.
    The Commons are to be present at the examination of witnesses. Seld.
    Jud., 124. Indeed, they are to attend throughout, either as a committee
    of the whole House, or otherwise, at discretion, appoint managers to
    conduct the proofs. Rushw. Tr. of Straff., 37; Com. Journ., 4 Feb.,
    1709-10; 2 Wood., 614. And judgment is not to

    [[Page 330]]

    be given till they demand it. Seld. Jud., 124. But they are not to be
    present on impeachment when the Lords consider of the answer or proofs
    and determine of their judgment. Their presence, however, is necessary
    at the answer and judgment in case capital Id., 58, 158, as well as not
    capital; 162. * * *.

      The <> House has consulted its own inclination and
    convenience about attending its managers at an impeachment. It did not
    attend at all in the trials of Blount, Swayne, Archbald, Louderback, and
    Ritter (III, 2318, 2483; VI, 504, 516); and after attending at the
    answer of Belknap, decided that it would be represented for the
    remainder of the trial by its managers alone (III, 2453). At the trial
    of President Johnson the House, in Committee of the Whole, attended
    throughout the trial (III, 2427), but this is exceptional. In the Peck
    trial the House discussed the subject (III, 2377) and reconsidered its
    decision to attend the trial daily (III, 2028). While the Senate is
    deliberating the House does not attend (III, 2435); but when the Senate
    votes on the charges, as at the other open proceedings of the trial, it
    may attend (III, 2383, 2388, 2440). Although it has frequently attended
    in Committee of the Whole, it may attend as a House (III, 2338).

      * * * The <> Lords debate the judgment among themselves. Then the vote is
    first taken on the question of guilty or not guilty; and if they
    convict, the question, or particular sentence, is out of that which
    seemeth to be most generally agreed on. Seld. Jud., 167; 2 Wood., 612.

      The question in judgment in an impeachment trial has occasioned
    contention in the Senate (III, 2339, 2340), and in the trial of
    President Johnson the form was left to the Chief Justice (III, 2438,
    2439). In the Belknap trial there was much deliberation over this
    subject (III, 2466). In the Chase trial the Senate modified its former
    rule as to form of final question (III, 2363). The yeas and nays are
    taken on each article separately (III, 2098, 2339) in the form
    ``Senators, how say you? is the respondent guilty or not guilty?'' (Oct.
    9, 1986, p. 29871). But in the trial of President Johnson the Senate, by
    order, voted on the articles in an order differing from the numerical
    order (III, 2440), adjourned after voting on one article (III, 2441),
    and adjourned without day after voting on three of the eleven articles
    (III,

    [[Page 331]]

    2443). In other impeachments, the Senate has adopted an order to provide
    the method of voting and putting the question separately and
    successively on each article (VI, 524; Apr. 16, 1936, p. 5558). For a
    discussion of the vote of the Senate on each article of impeachment of
    President Clinton, see Sec. 608a, supra.

      Judgment. Judgments in <> Parliament, for death have been strictly guided per
    legem terrae, which they can not alter; and not at all according to
    their discretion. They can neither omit any part of the legal judgment
    nor add to it. Their sentence must be secundum non ultra legem. Seld.
    Jud., 168, 171. This trial, though it varies in external ceremony, yet
    differs not in essentials from criminal prosecutions before inferior
    courts. The same rules of evidence, the same legal notions of crimes and
    punishments, prevailed; for impeachments are not framed to alter the
    law, but to carry it into more effectual execution against too powerful
    delinquents. The judgment, therefore, is to be such as is warranted by
    legal principles or precedents. 6 Sta. Tr., 14; 2 Wood., 611. The
    Chancellor gives judgment in misdemeanors; the Lord High Steward
    formerly in cases of life and death. Seld. Jud., 180. But now the
    Steward is deemed not necessary. Fost., 144; 2 Wood., 613. In
    misdemeanors the greatest corporal punishment hath been imprisonment.
    Seld. Jud., 184. The King's assent is necessary to capital judgments
    (but 2 Wood., 614, contra), but not in misdemeanors, Seld. Jud., 136.

      The Constitution of the United States (art. I, sec. 3, cl. 7) limits
    the judgment to removal and disqualification. The order of judgment
    following conviction in an impeachment trial is divisible for a separate
    vote if it contains both removal and disqualification (III, 2397; VI,
    512; Apr. 17,

    [[Page 332]]

    1936, p. 5606), and an order of judgment (such as disqualification)
    requires a majority vote (VI, 512; Apr. 17, 1936, p. 5607). Under
    earlier practice, after a conviction the Senate voted separately on the
    question of disqualification (III, 2339, 2397), but no vote is required
    by the Senate on judgment of removal from office following conviction,
    because removal follows automatically from conviction under article II,
    section 4 of the Constitution (Apr. 17, 1936, p. 5607). Thus, the
    presiding officer directs judgment of removal from office to be entered
    and the respondent removed from office without separate action by the
    Senate where disqualification is not contemplated (Oct. 9, 1986, p.
    29873). A resolution impeaching the President may provide for only
    removal from office (H. Res. 1333, 93d Cong., Aug. 20, 1974, p. 29361)
    or for both removal and disqualification from holding any future office
    (H. Res. 611, 105th Cong., Dec. 19, 1998, p. 27828).

      Continuance. An <> impeachment is not discontinued by the dissolution of
    Parliament, but may be resumed by the new Parliament. T. Ray 383; 4 Com.
    Journ., 23 Dec., 1790; Lord's Jour., May 15, 1791; 2 Wood., 618.

      In Congress impeachment proceedings are not discontinued by a recess
    (III, 2299, 2304, 2344, 2375, 2407, 2505, see also Sec. 592, supra). The
    following impeachment proceedings extended from one Congress to the
    next: (1) the impeachment of Judge Pickering was presented in the Senate
    on the last day of the Seventh Congress (III, 2320), and the Senate
    conducted the trial in the Eighth Congress (III, 2321); (2) the
    impeachment of Judge Louderback was presented in the Senate on the last
    day of the 72d Congress (VI, 515), and the Senate conducted the trial in
    the 73d Congress (VI, 516); (3) the impeachment of Judge Hastings was
    presented in the Senate during the second session of the 100th Congress
    (Aug. 3, 1988, p. 20223) and the trial in the Senate continued into the
    101st Congress (Jan. 3, 1989, p. 84); (4) the impeachment of President
    Clinton was presented to the Senate after the Senate had adjourned sine
    die for the 105th Congress (Jan. 6, 1999, p. 14), and the Senate
    conducted the trial in the 106th Congress (Jan. 7, 1999, p. 272); (5)
    the impeachment inquiry of Judge Porteous was authorized in the 110th
    Congress (Sept. 17, 2008) and continued in the next Congress (Jan. 13,
    2009). Although impeachment proceedings may continue from one Congress
    to the next, the authority of the managers appointed by the House
    expires at the end of a Congress; and the managers must be reappointed
    when a new Congress convenes (Jan. 6, 1999, p. 15). end segment
    .004  deg. segment .005 -- rule I through rule III  deg.

    [[Page 333]]

    ========================================================================

                      RULES OF THE HOUSE OF REPRESENTATIVES

    ========================================================================

    [[Page 335]]

        RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS

                                   __________

                                     Rule I

                                  the speaker

    Approval of the Journal
      1. The Speaker shall take the Chair on every legislative day precisely
    at the hour to which the House last adjourned and immediately call the
    House to order. <> Having
    examined and approved the Journal of the last day's proceedings, the
    Speaker shall announce to the House approval thereof. The Speaker's
    approval of the Journal shall be deemed agreed to unless a Member,
    Delegate, or Resident Commissioner demands a vote thereon. If such a
    vote is decided in the affirmative, it shall not be subject to a motion
    to reconsider. If such a vote is decided in the negative, then one
    motion that the Journal be read shall be privileged, shall be decided
    without debate, and shall not be subject to a motion to reconsider.

      This clause was adopted in 1789, amended in 1811, 1824 (II, 1310),
    1971 (H. Res. 5, Jan. 22, 1971, pp. 140-44, with the implementation of
    the Legislative Reorganization Act of 1970, 84 Stat. 1140), and 1979 (H.
    Res. 5, Jan. 15, 1979, pp. 7, 16). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in
    the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).

    [[Page 336]]

      The hour of meeting is fixed by standing order, and was traditionally
    set at noon (I, 104-109, 116, 117; IV, 4325); but beginning in the 95th
    Congress, the House by standing order formalized the practice of varying
    its convening time to accommodate committee meetings on certain days of
    the week and to maximize time for floor action on other days (e.g., H.
    Res. 7, Jan. 4, 1977, p. 70). The House retains the right to vary from
    this schedule by use of the motion to fix the day and time to which the
    House shall adjourn as provided in clause 4 of rule XVI. The House may
    provide for a session of the House on a Sunday, traditionally a ``dies
    non'' under the precedents of the House (e.g., Dec. 17, 1982, p. 31946;
    Dec. 18, 1987, p. 36352; Oct. 10, 1998, p. 25483). Beginning in the
    second session of the 103d Congress, the House has by unanimous consent
    agreed to convene earlier on certain days for morning-hour debate and
    then recess to the hour established for convening under a previous order
    (see Sec. 951, infra).
      Immediately after the Members are called to order, the prayer is
    offered by the Chaplain (IV, 3056), and the Speaker declines to
    entertain a point of no quorum before prayer is offered (VI, 663; clause
    7 of rule XX). Before the 96th Congress, clause 1 of rule I directed the
    Speaker to announce the approval of the Journal on the appearance of a
    quorum after having called the House to order. Under that form of the
    rule, a point of no quorum could be made after the prayer and before the
    approval of the Journal when the House convened, notwithstanding the
    provisions of former clause 6(e) of rule XV (now clause 7 of rule XX),
    allowing such points of order in the House only when the Speaker had put
    the pending motion or proposition to a vote (Oct. 3, 1977, p. 31987).
    Similarly, prior practice had permitted a point of no quorum before the
    reading of the Journal (IV, 2733; VI, 625) or during its reading (VI,
    624). In the 96th Congress, the House eliminated the necessity for the
    appearance of a quorum before the Speaker's announcement of the approval
    of the Journal (H. Res. 5, Jan. 15, 1979, pp. 7, 16). If a quorum fails
    to respond on a motion incident to the approval, reading, or amendment
    of the Journal, and there is an objection to the vote, a call of the
    House under clause 6 of rule XX is automatic (Feb. 2, 1977, p. 3342).
      Pursuant to clause 8 of rule XX, the Speaker may postpone until a
    later time on the same legislative day a record vote on the Speaker's
    approval of the Journal. Where the House adjourns on consecutive days
    without having approved the Journal of the previous days' proceedings,
    the Speaker puts the question de novo in chronological order as the
    first order of business on the subsequent day (Nov. 3, 1987, p. 30592).
      The Journal of the last day of a session is not read on the first day
    of the next session (IV, 2742). No business is transacted before the
    approval of the Journal (or the postponement of a vote under clause 8 of
    rule XX on agreeing to the Speaker's approval), including the filing of
    a conference report (IV, 2751-2756; VI, 629, 630, 637). However, the
    motion to adjourn (IV, 2757; Speaker Wright, Nov. 2, 1987, p. 30387) and
    the swearing of a Member (I, 172) could take precedence.

    [[Page 337]]

      Once begun, the reading may not be interrupted, even by business so
    highly privileged as a conference report (V, 6443; clause 7(a) of rule
    XXII). However, a parliamentary inquiry (VI, 624), an arraignment of
    impeachment (VI, 469), or a question of privilege relating to a breach
    of privilege (such as an assault occurring during the reading) may
    interrupt its reading or approval (II, 1630).
      If the Speaker's approval of the Journal is rejected, a motion to
    amend takes precedence of a motion to approve (IV, 2760; VI, 633), and a
    Member offering an amendment is recognized under the hour rule (Mar. 19,
    1990, p. 4488); but the motion is not admissible after the previous
    question is demanded on the motion to approve (IV, 2770; VI, 633; VIII,
    2684; Sept. 13, 1965, p. 23600). The House by unanimous consent has
    permitted an untimely demand for a vote on approval of the Journal (Mar.
    18, 2013, p. _).
      Before the 92d Congress, the reading of the Journal was mandatory and
    could not be dispensed with except by unanimous consent (VI, 625; Sept.
    19, 1962, p. 19941) or by motion to suspend the rules (IV, 2747-2750).
    It had to be read in full when demanded by any Member (IV, 2739-2741;
    VI, 627, 628; Feb. 22, 1950, p. 2152), but the demand came too late
    after the Journal was approved (VI, 626). The Speaker's examination and
    approval of the Journal was preliminary to the reading and did not
    preclude subsequent amendment by the House itself (IV, 2734-2738). Under
    the rule as in effect from the 92d Congress through the 95th Congress,
    any Member could offer a privileged, nondebatable motion that the
    Journal be read pending the Speaker's announcement of approval and
    before agreement by the House (Apr. 23, 1975, p. 11482).

    Preservation of order
    <>   2. The Speaker shall preserve order and decorum and, in case
    of disturbance or disorderly conduct in the galleries or in the lobby,
    may cause the same to be cleared.

      This clause was adopted in 1789 and amended in 1794 (II, 1343).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47).
      The Speaker may name a Member who is disorderly, but may not, of the
    Speaker's own authority, censure or punish the Member (II, 1344, 1345;
    VI, 237). In cases of extreme disorder in the Committee of the Whole the
    Speaker has taken the chair and restored order without a formal rising
    of the Committee (II, 1348, 1648-1653, 1657). Before the establishment
    of recess authority in clause 12(b), the Speaker, as an exercise of
    authority under this clause, has on initiative declared the House in
    recess in an emergency (Speaker Martin, Mar. 1, 1954, p. 2424; see also
    Speaker Ray

    [[Page 338]]

    burn, Mar. 1, 1943, p. 1487 (air-raid drill)). A former Member must
    observe the rules of decorum while on the floor, and the Speaker may
    request the Sergeant-at-Arms to assist in maintaining such decorum
    (Sept. 17, 1997, pp. 19026, 19027). The Chair announced that failure to
    heed the gavel constitutes an act of stark incivility (July 28, 2009, p.
    19565).
      The authority to have the galleries cleared has been exercised but
    rarely (II, 1352; Speaker Albert, Jan. 18, 1972, p. 9). On one occasion,
    acting on the basis of police reports and other evidence, the Speaker
    ordered the galleries cleared before the House convened (May 10, 1972,
    p. 16576) and then informed the House of his decision. In an early
    instance the Speaker ordered the arrest of a person in the gallery; but
    this exercise of power was questioned (II, 1605). In response to a
    disruptive demonstration in the gallery, the Chair notes for the Record
    the disruptive character of the demonstration and enlists the Sergeant-
    at-Arms to remove the offending parties (see, e.g., Oct. 8, 2002, p.
    19543; Apr. 29, 2010, p. 6858). After repeated disturbances in the
    gallery, the chair of the Committee of the Whole warned occupants of the
    gallery of possible prosecution (under 40 U.S.C. 5104) (Apr. 15, 2011,
    p. 6296). Occupants of the gallery are not to manifest approval or
    disapproval of, or otherwise disrupt, proceedings on the floor (see,
    e.g., Speaker Foley, June 12, 1990, p. 13593) and the Speaker may quell
    such demonstrations before the adoption of the rules (Speaker Gingrich,
    Jan. 4, 1995, p. 454).
      Although Members are permitted to use exhibits such as charts during
    debate (subject to clause 6 of rule XVII), the Speaker may direct the
    removal of a chart from the well of the House that is not being utilized
    during debate (Apr. 1, 1982, p. 6304; Apr. 19, 1990, p. 7402). The
    Speaker's responsibility to preserve decorum requires the disallowance
    of exhibits in debate that would be demeaning to the House, or to any
    Member of the House, or that would be disruptive of the decorum thereof
    (Sept. 13, 1989, p. 20362; Oct. 16, 1990, p. 29647; Oct. 1, 1991, p.
    24828; Nov. 16, 1995, p. 33395; Jan. 3, 1996, p. 42). The Speaker has
    disallowed the use of a person on the floor as a guest of the House as
    an ``exhibit,'' including a Member's child (see Sec. 678, infra). The
    Chair also has cautioned Members to refrain from using audio devices
    during debate (May 24, 2005, p. 11008). Although a Member may have
    enlisted the assistance of a House Page to manage the placement of an
    exhibit on an easel, it was not appropriate to refer to the Page or to
    use the Page as though part of the exhibit (June 11, 2003, p. 14417;
    Speaker Hastert, June 12, 2003, p. 14576). The Chair will distinguish
    between using an exhibit in the immediate area the Member is addressing
    the House as a visual aid for the edification of Members and staging an
    exhibition; for example, a Member having a large number of his
    colleagues accompany him in the well, each carrying a part of his
    exhibit, was held to impair the decorum of the House (June 12, 2003, p.
    14627). A gathering of Members improperly displaying electronic and non-
    electronic exhibits is a breach of decorum (Mar. 13, 2014, p. _). The
    Speaker may inquire concerning a Member's intentions, as to the use of
    exhibits,

    [[Page 339]]

    before conferring recognition to address the House (Mar. 21, 1984, p.
    6187). In the 101st Congress both the Speaker and the chair of the
    Committee of the Whole reinforced the Chair's authority to control the
    use of exhibits in debate, distinguishing between the constitutional
    authority of the House to make its own rules and first amendment rights
    of free speech, and the use of all exhibits was prohibited during the
    consideration of a bill in the Committee of the Whole (Oct. 11, 1990, p.
    28650). The Speaker may permit the display of an exhibit in the
    Speaker's lobby during debate on a measure (May 20, 1999, p. 10280).
    Just as an appeal may be entertained on a decision from the Chair that a
    Member has engaged in personalities in debate (Sept. 28, 1996, pp.
    25780-82; see also clause 4 of rule XVII), so also may an appeal be
    entertained on a ruling of the Chair on the propriety of an exhibit
    (Nov. 16, 1995, p. 33395).
      At the request of the Committee on Standards of Official Conduct (now
    Ethics), the Speaker announced that (1) all handouts distributed on or
    adjacent to the floor must bear the name of a Member authorizing the
    distribution; (2) the content of such handouts must comport with the
    standards applicable to words used in debate; (3) failure to comply with
    these standards may constitute a breach of decorum and thus give rise to
    a question of privilege; (4) staff are prohibited in the Chamber or
    rooms leading thereto from distributing handouts and from attempting to
    influence Members with regard to legislation; and (5) Members should
    minimize the use of handouts to enhance the quality of debate (Sept. 27,
    1995, p. 26567; Mar. 20, 1996, p. 5644; Mar. 4, 1998, p. 2523; Mar. 21,
    2010, p. 4095).
      Questions having been raised concerning proper attire for Members in
    the Chamber (thermostat controls having been raised to comply with a
    Presidential directive conserving energy in the summer months), the
    Speaker announced he considered traditional attire for Members
    appropriate, including coats and ties for male Members and appropriate
    attire for female Members, but that he would recognize for a question of
    the privileges of the House to relax such standards. The Speaker also
    requested a Member in violation of those standards to remove himself
    from the Chamber and appear in appropriate attire, and refused to
    recognize such Member until he did so (Speaker O'Neill, July 17, 1979,
    p. 19008; see also Mar. 28, 2012, p. _). The House later agreed to a
    resolution (presented as a question of the privileges of the House)
    requiring Members to wear proper attire as determined by the Speaker
    (July 17, 1979, p. 19072). See also Sec. 962, infra.
      Recognition is within the discretion of the Chair, and in order to
    uphold order and decorum in the House as required under clause 2 of rule
    I, the Speaker may deny a Member recognition for a ``one-minute speech''
    (Aug. 27, 1980, p. 23456). Furthermore, it is a breach of decorum for a
    Member to continue to speak beyond the time for which recognized (Mar.
    22, 1996, p. 6086; May 22, 2003, p. 12965; Oct. 2, 2003, pp. 23949,
    23950), and the Speaker may deny further recognition to such Member
    (Mar. 16, 1988, p. 4081; Mar. 29, 2012, p. _; July 19, 2013, p. _; Oct.
    2, 2013, p. _),

    [[Page 340]]

    from which there is no appeal (see Sec. 629, infra). Even before
    adoption of the rules, the Speaker may maintain decorum by directing a
    Member engaging in such breach of decorum to be removed from the well
    and by directing the Sergeant-at-Arms to present the mace as the
    traditional symbol of order (Jan. 3, 1991, p. 58). A Member's
    comportment may constitute a breach of decorum even though the content
    of that Member's speech is not, itself, unparliamentary (July 29, 1994,
    p. 18609). Under this standard the Chair may deny further recognition to
    a Member engaged in unparliamentary debate who ignores repeated
    admonitions by the Chair to proceed in order (unless the Member is
    permitted to proceed by order of the House) (Sept. 18, 1996, p. 23535).
    The Chair announced that time consumed while obtaining order would not
    be charged to the Member under recognition (Mar. 21, 2010, p. 4104; Apr.
    18, 2012, p. _).

    Control of Capitol facilities
      3. <> Except as otherwise provided by rule or law, the Speaker shall
    have general control of the Hall of the House, the corridors and
    passages in the part of the Capitol assigned to the use of the House,
    and the disposal of unappropriated rooms in that part of the Capitol.

      This clause was adopted in 1811 and amended in 1824, 1885 (II, 1354),
    and 1911 (VI, 261). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47).
      Control of the appropriated rooms in the House portion of the Capitol
    is exercised by the House itself (V, 7273-7279), but repairs and
    alterations have been authorized by statute (V, 7280-7281; 59 Stat.
    472). On January 15, 1979, the Speaker announced his directive
    concerning free access by Members in the corridors approaching the
    Chamber (p. 19). The Speaker has declined to recognize for a unanimous-
    consent request to change the decor in the Chamber, stating that he
    would take the suggestion under advisement in exercising his authority
    under this clause (Mar. 2, 1989, p. 3220). The Speaker has announced
    that a joint Republican Conference and Democratic Caucus meeting would
    be held in the Chamber following the adjournment of the House on that
    day (July 27, 1998, p. 17466). The Speaker has announced standards for
    use of the Chamber when the House is not in session (Speaker Pelosi,
    Jan. 6, 2009, p. 25; Speaker Boehner, Jan. 5, 2011, p. 106; Speaker
    Boehner, Jan. 3, 2013, p. _; Speaker Boehner, Jan. 6, 2015, p. _).

    [[Page 341]]

    Signature of documents
      4. <> The Speaker shall sign all acts and joint resolutions passed by
    the two Houses and all writs, warrants, and subpoenas of, or issued by
    order of, the House. The Speaker may sign enrolled bills and joint
    resolutions whether or not the House is in session.

      The Speaker was given authority to sign acts, warrants, subpoenas,
    etc., in 1794 (II, 1313). The last sentence of this clause, granting the
    Speaker standing authority to sign enrolled bills, even if the House is
    not in session, was added in the 97th Congress (H. Res. 5, Jan. 5, 1981,
    pp. 98-113). Before the House recodified its rules in the 106th
    Congress, clauses 4 and 5 occupied a single clause (H. Res. 5, Jan. 6,
    1999, p. 47).
      Enrolled <> bills are
    signed first by the Speaker (IV, 3429) or a Speaker pro tempore under
    clause 8 of rule I. For precedents relevant to the signing of enrolled
    bills before this clause was amended to permit the Speaker to sign at
    any time, see IV, 3458, and V, 5705. Before the adoption of clause
    2(d)(2) of rule II (enabling the Clerk to examine enrolled bills), the
    House authorized the Speaker to sign an enrolled bill before the
    Committee on Enrolled Bills could attest to its accuracy (IV, 3452). In
    cases of error the House has permitted the Speaker's signature to be
    vacated (IV, 3453, 3455-3457; VII, 1077-1080; Mar. 11, 1986, p. 4240;
    Dec. 19, 2012, p. _).
      Warrants, <> subpoenas, etc., during recesses of Congress are signed only by
    authority specially given (III, 1753, 1763, 1806). The issuing of
    warrants must be specially authorized by the House (I, 287) or pursuant
    to a standing rule (clause 6 of rule XX; Sec. 1026, infra). Instance
    wherein the House authorized the Speaker to issue a warrant for the
    arrest of absentees (VI, 638). The Speaker also signs the articles,
    replications, etc., in impeachments (III, 2370, 2455; e.g., H. Res. 611,
    Dec. 19, 1998, p. 28112); and certifies cases of contumacious witnesses
    for action by the courts (III, 1691, 1769; VI, 385; 2 U.S.C. 194). A
    subpoena validly issued under clause 2(m) of rule XI need only be signed
    by the chair of that committee, whereas when the House issues an order
    or warrant, the summons is issued under the hand and seal of the
    Speaker, and it must be attested by the Clerk (III, 1668; see H. Rept.
    96-1078, p. 22).

    [[Page 342]]

    Questions of order
      5. <> The Speaker shall decide all
    questions of order, subject to appeal by a Member, Delegate, or Resident
    Commissioner. On such an appeal a Member, Delegate, or Resident
    Commissioner may not speak more than once without permission of the
    House.

      This rule was adopted in 1789 and amended in 1811. Before the House
    recodified its rules in the 106th Congress, clauses 4 and 5 occupied a
    single clause (H. Res. 5, Jan. 6, 1999, p. 47).
      The <> Speaker may require that a question of order be
    presented in writing (V, 6865). When enough of a proposition has been
    read to show that it is out of order, the question of order may be
    raised without waiting for the reading to be completed (V, 6886, 6887;
    VIII, 2912, 3378, 3437; July 9, 2009, pp. 17309-11), though the Chair
    may decline to rule until the entire proposition has been read (Dec. 14,
    1973, pp. 41716-18). For example, the Chair declined to entertain a
    point of order that a motion to recommit was not germane before any
    nongermane portion of the motion had been read (May 9, 2003, p. 11110);
    and a motion to recommit with instructions was ruled out of order before
    the entire motion had been read as a matter of form where a special
    order of business precluded instructions (May 6, 2004, pp. 8590, 8591).
    A point of order may be withdrawn as a matter of right before action
    thereon (e.g., June 24, 2008, p. 13500). Present insistence on a point
    of order takes precedence over reservation (Nov. 19, 2009, pp. 28235,
    28243). A point of order against consideration of a measure must be
    raised (or reserved) before commencement of debate on the measure (e.g.,
    Feb. 15, 1995, p. 5012; June 1, 2011, p. 8475; July 11, 2013, p. _; May
    29, 2014, p. _; July 11, 2014, p. _) and a timely reservation of a point
    of order by one Member inures to the benefit of any other Member who
    desires to raise a point of order (V, 6906; July 18, 1990, p. 17930).
    Questions arising during a division are decided peremptorily (V, 5926),
    and when they arise out of any other question must be decided before
    that question (V, 6864). In rare instances the Speaker has declined to
    rule until taking time for examination of the question (III, 2725; VI,
    432; VII, 2106; VIII, 2174, 2396, 3475; Mar. 24, 2010, p. 4767).
      Debate on a point of order, being for the Chair's information, is
    within the Chair's discretion (see, e.g., V, 6919, 6920; VIII, 3446-
    3448; Deschler-Brown, ch. 29, Sec. 67.3; Jan. 24, 1996, p. 1248; Sept.
    12, 1996, p. 22901; Oct. 10, 1998, p. 25420; July 10, 2014, p. _) and is
    solely to edify the judgment of the Chair, who may decline to hear more
    when prepared to rule (Mar. 3, 2011, pp. 3171, 3172; Oct. 8, 2013, p. _)
    and may decline

    [[Page 343]]

    to respond to questions in advance of ruling (Oct. 2, 2013, p. _).
    Debate is confined to the question of order and may not extend to the
    merits of the proposition against which it lies or to parliamentarily
    similar propositions permitted to remain in the pending bill by waivers
    of points of order (e.g., July 18, 1995, p. 19335; June 22, 2000, p.
    12078). Members must address the Chair and cannot engage in colloquies
    on the point of order (e.g., Sept. 18, 1986, p. 24083; May 19, 2005, p.
    10337; June 18, 2014, p. _), nor can they offer pro forma amendments to
    debate the point of order (July 21, 1998, p. 16369; June 27, 2007, pp.
    17715, 17716) or the underlying proposition (Feb. 16, 2011, p. 2174). To
    ensure that the arguments recorded on a question of order are those
    actually heard by the Chair before ruling, the Chair will not entertain
    a unanimous-consent request to permit a Member to revise and extend
    remarks on a point of order (Sept. 22, 1976, p. 31873; May 15, 1997, pp.
    8493, 8494; July 24, 1998, p. 17278; June 12, 2008, pp. 12318, 12319).
    However, the Committee of the Whole by unanimous consent has allowed a
    Member to revise and extend his remarks to follow the ruling on a point
    of order (July 13, 2000, p. 14095). A Member may raise multiple points
    of order simultaneously, and the Chair may hear argument and rule on
    each question individually (Mar. 28, 1996, pp. 6931, 6933); or the Chair
    may choose to rule on only one of the points of order raised (July 24,
    1998, p. 17278). If a Member incorrectly demands the ``regular order,''
    rather than making a point of order to assert that remarks are not
    confined to the question under debate, the Chair may treat the demand as
    a point of order and rule thereon (May 1, 1996, p. 9889).
      The Chair is constrained to give precedent its proper influence (II,
    1317; VI, 248). Although the Chair will normally not disregard a
    decision of the Chair previously made on the same facts (IV, 4045), such
    precedents may be examined and reversed if shown to be erroneous (IV,
    4637; VI, 639; VII, 849; VIII, 2794, 3435; Sept. 12, 1986, p. 23178).
    The authoritative source for proper interpretation of a rule is a
    statement made directly from the Chair and not a comment made by the
    Speaker in another context (May 25, 1995, p. 14437; Sept. 19, 1995, p.
    25454). Preserving the authority and binding force of parliamentary law
    is as much the duty of each Member of the House as it is the duty of the
    Chair (VII, 1479). The Speaker's decisions are recorded in the Journal
    (IV, 2840, 2841), but responses to parliamentary inquiries are not so
    recorded (IV, 2842).
      The Chair does not decide on the legislative or legal effect of
    propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; VIII, 2280,
    2841; Mar. 16, 1983, p. 5669; May 13, 1998, p. 9129), on the consistency
    of proposed action with other acts of the House (II, 1327-1336; VII,
    2112, 2136; VIII, 3237, 3458), whether Members have abused leave to
    print (V, 6998-7000; VIII, 3475), or on the propriety or expediency of a
    proposed course of action (II, 1275, 1325, 1326, 1337; IV, 3091-3093,
    3127).
      Also, the Chair does not rule on: (1) the constitutional power of the
    House (II, 1490; IV, 3507), such as the constitutional authority of the
    House to

    [[Page 344]]

    propose a rule of the House, such matter appropriately being decided by
    way of the question of consideration or disposition of the proposal
    (Jan. 4, 2005, pp. 44-46); (2) the constitutional competency of proposed
    legislation (II, 1255, 1318-1322, VI, 250, 251; VIII, 2225, 3031, 3427;
    July 21, 1947, pp. 9522, 9551; May 13, 1948, p. 5817; Oct. 10, 1998, p.
    25424); (3) the constitutional rights of Members (VIII, 3071).
      The Chair is not required to decide a question not directly presented
    by the proceedings (II, 1314). Furthermore, it is not the duty of the
    Chair to decide a hypothetical question (VI, 249, 253; Nov. 20, 1989, p.
    30225), including: (1) the germaneness of an amendment not yet offered
    (Dec. 12, 1985, p. 36167; May 5, 1988, p. 9936; May 18, 1988, p. 11404;
    Mar. 22, 2000, p. 3283) or previously offered and entertained without a
    point of order (June 6, 1990, p. 13194); (2) the admissibility under
    existing Budget Act allocations of an amendment not yet offered,
    particularly if the Chair's response might depend on the disposition of
    a prior amendment on which proceedings had been postponed (June 27,
    1994, p. 14593; June 12, 2000, p. 10377); (3) the admissibility under
    clause 2 of rule XXI of an amendment already pending (July 29, 1998, p.
    17963), against which all points of order had been waived (July 27,
    1995, p. 20800); (4) the admissibility of an amendment at a future date,
    pending a ruling of the Chair on its immediate admissibility (June 25,
    1997, p. 12488). The Chair will not declare judgment on the propriety of
    words taken down before they are read to the House (Sept. 21, 2001, p.
    17613). The Chair does not take cognizance of complaints relating to
    pairs (VIII, 3087). The Chair passes on the validity of conference
    reports (V, 6409, 6410, 6414-6416; VIII, 3256, 3264), but not on the
    sufficiency of the accompanying statements as distinguished from the
    form (V, 6511-6513), or on the question of whether a conference report
    violates instructions of the House (V, 6395; VIII, 3246). As to reports
    of committees, the Chair does not decide as to their sufficiency (II,
    1339; IV, 4653) or whether the committee has followed instructions (II,
    1338; IV, 4404, 4689); or on matters arising in the Committee of the
    Whole (V, 6927, 6928, 6932-6937; Dec. 12, 1985, p. 36173); but has
    decided as to the validity of the authorization of a report (IV, 4592,
    4593) and has indicated that a point of order could be raised at a
    proper time where the content of a filed report varies from that
    approved by the committee (May 16, 1989, p. 9356). An objection to the
    use of an exhibit under clause 6 of rule XVII (formerly rule XXX) is not
    a point of order on which the Chair must rule (July 31, 1996, pp. 20694,
    20700). Before the rule was rewritten in the 107th Congress, it required
    that the Chair put the question whether the exhibit may be used. It now
    merely permits the Chair to put such question (sec. 2(o), H. Res. 5,
    Jan. 3, 2001, p. 25). A complaint that certain remarks that might be
    uttered in debate would improperly disclose executive-session material
    of a committee is not cognizable as a point of order in the House if the
    Chair is not aware of the executive-session status of the information
    (Nov. 5, 1997, p. 24648). The assertion that a Member may be
    inconvenienced by the legislative schedule announced by the Lead

    [[Page 345]]

    ership does not give rise to a point of order that the Member cannot
    attend both to House and constituent duties at the same time (Nov. 10,
    1999, p. 29537).
      Under long practice, precedents and applicable guidelines allowed the
    Chair to refine a ruling on a point of order in the Record in order to
    clarify the ruling without changing its substance, including one
    sustained by the House on appeal (Feb. 19, 1992, p. 2461; see H. Res.
    230, 99th Cong., July 31, 1985, p. 21783; and H. Rept. 99-228 (in
    accordance with existing accepted practices, the Chair may make such
    technical or parliamentary corrections or insertions in transcript as
    may be necessary to conform to rule, custom, or precedent); see also H.
    Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of House
    Administration task force on Record inserted by Speaker Foley, Oct. 27,
    1990, p. 37124). The Chair ruled that the requirement of former clause 9
    of rule XIV (now clause 8 of rule XVII), that the Record be a
    substantially verbatim account of remarks made during House proceedings,
    extended to statements and rulings of the Chair (Speaker Gingrich, Jan.
    20, 1995, p. 1866).
      In interpreting the language of a special order adopted by the House,
    the Chair will not look behind the unambiguous language of the
    resolution itself (June 18, 1986, p. 14267). Questions concerning
    informal guidelines of the Committee on Rules for advance submission of
    amendments for possible inclusion under a ``modified closed'' rule may
    not be raised under the guise of parliamentary inquiry (May 5, 1988, p.
    9938). Because the Chair refrains from issuing advisory opinions on
    hypothetical or anticipatory questions of order, the Chair will not
    interpret a special order before it is adopted by the House (Oct. 14,
    1986, p. 30862; July 27, 1993, p. 17116; July 27, 1995, p. 20741; Jan.
    5, 1996, p. 366; Mar. 28, 1996, p. 7064; June 28, 2000, p. 12649; Mar.
    8, 2001, p. 3229; May 22, 2002, p. 8681; Oct. 17, 2003, pp. 25031,
    25032). Thus, the Chair has declined to identify provisions in a bill as
    ostensible objects of a waiver in the pending resolution providing a
    special order for that bill (Oct. 19, 1995, pp. 28503, 28504; Oct. 26,
    1995, p. 29477; Mar. 28, 1996, p. 7064); to determine whether a bill,
    for which the pending resolution provides a special order waiving any
    requirement for a three-fifths vote on passage, actually ``carries'' a
    Federal income tax rate increase under clause 5 of rule XXI (Oct. 26,
    1995, p. 29477); or to opine whether an amendment might be in order in
    the Committee of the Whole (May 22, 2002, p. 8681; Oct. 17, 2003, pp.
    25031, 25032), including one required to be printed in the Congressional
    Record where the Record had not yet been printed (Jan. 26, 2011, p.
    906). The Chair will not compare the text made in order by a pending
    special order as original text for further amendment with the text
    reported by the committee of jurisdiction (Oct. 19, 1995, p. 28503).
    Similarly, the Chair will not issue an advisory opinion on how debate on
    a pending resolution will bear on the Chair's ultimate interpretation of
    the resolution as an order of the House (Sept. 18, 1997, p. 19343).

    [[Page 346]]

      The Speaker rarely submits a question directly to the House for its
    decision (IV, 3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker
    Longworth, Apr. 8, 1926, p. 7148; Dec. 19, 1998, p. 28107), and rarely
    takes initiative to raise and submit a question (II, 1277, 1315, 1316;
    VIII, 3405). Even as to questions of privilege the Speaker usually, in
    later practice, makes a preliminary decision instead of submitting the
    question directly to the House (III, 2648, 2649, 2650, 2654, 2678;
    Speaker Wright, Mar. 11, 1987, p. 5404).
      Recognition <> for parliamentary inquiry lies
    in the discretion of the Chair (VI, 541; Apr. 7, 1992, p. 8273; Mar. 21,
    2010, p. 4106; Apr. 8, 2014, p. _). As such, the Chair may recognize for
    a demand for the yeas and nays rather than entertain a parliamentary
    inquiry (Aug. 4, 2007, p. 23233). The Speaker may recognize and respond
    to a parliamentary inquiry although the previous question may have been
    demanded (Mar. 27, 1926, p. 6469). Although the Chair has discretion to
    recognize Members for parliamentary inquiries when no other Member is
    occupying the floor for debate, a parliamentary inquiry may not be
    raised unless the Member having the floor yields for that purpose (Oct.
    1, 1986, p. 27465; July 13, 1989, p. 14633; May 29, 2014, p. _; June 12,
    2014, p. _; Jan. 13, 2015, p. _) and the yielding Member is charged time
    consumed thereby (Deschler-Brown, ch. 31, Sec. 15.4; Feb. 5, 2014, p.
    _). A Member under recognition for a parliamentary inquiry may not yield
    to another Member (Nov. 22, 2002, p. 23510; Oct. 12, 2013, p. _) and may
    not engage in debate (June 24, 2011, p. 10018; Oct. 12, 2013, p. _; Apr.
    8, 2014, p. _; June 12, 2014, p. _).
      The Speaker may take a parliamentary inquiry under advisement,
    especially if not related to the pending proceedings (VIII, 2174; Apr.
    7, 1992, p. 8273). The Chair responds to parliamentary inquiries
    relating in a practical sense to the pending proceedings but does not
    respond to requests to place them in historical context (June 25, 1992,
    p. 16174; Jan. 3, 1996, pp. 36-41; Nov. 5, 1997, p. 24653; Sept. 9,
    2003, pp. 21557, 21558). The Chair announced parameters for a proper
    parliamentary inquiry (Mar. 21, 2010, p. 4106) and announced an
    intention to refuse further recognition on a particular line of improper
    inquiry (Mar. 21, 2010, p. 4093; Apr. 8, 2014, p. _).
      The Speaker may entertain a parliamentary inquiry during a record vote
    if it relates to the vote (Oct. 9, 1997, p. 22017; Oct. 6, 1999, p.
    24199; Sept. 9, 2003, pp. 21557, 21558; Mar. 30, 2004, pp. 5577, 5578).
    However, the Speaker will not (1) respond to a request to place the
    length of a record vote in historical context (Sept. 9, 2003, p. 21558),
    (2) explain the exercise of discretion to hold a vote open beyond the
    minimum time prescribed under clause 2 of rule XX (Mar. 30, 2004, pp.
    5577, 5578; Mar. 21, 2010, p. 4093), or (3) state the vote tally as it
    stood upon expiration of the minimum time (May 8, 2008, p. 8147).

    [[Page 347]]

      A proper parliamentary inquiry relates to an interpretation of a House
    rule, not of a statute or of the Constitution (Oct. 10, 1998, p. 25424;
    July 18, 2006, p. 14784). The Chair will not respond to a parliamentary
    inquiry to: (1) judge the propriety of words spoken in debate pending a
    demand that those words be taken down as unparliamentary (June 8, 1995,
    p. 15267; July 16, 2009, p. 18146; Feb. 11, 2011, p. 1585; July 11,
    2013, p. _); (2) judge the propriety of words uttered earlier in debate
    (June 15, 2000, p. 11106; July 18, 2007, p. 19560; Nov. 20, 2013, p. _);
    (3) judge the veracity of remarks in debate (June 5, 1996, p. 13195;
    June 17, 2004, p. 12886); (4) decide whether certain remarks in debate
    were confined to the question under consideration (as required by clause
    1 of rule XVII) (May 27, 2010, p. 9652); (5) reexamine and explain the
    validity of a prior ruling (Oct. 26, 1995, p. 29477; June 8, 2005, pp.
    11945, 11946; May 15, 2008, p. 9229); (6) anticipate the precedential
    effect of a ruling (Oct. 10, 1998, p. 25424); (7) opine as to the
    substantive effect of an objection to a unanimous-consent request (July
    11, 2013, p. _); (8) judge the accuracy of the content of an exhibit
    (Nov. 10, 1995, p. 32142); (9) indicate which side of the aisle has
    failed under the Speaker's guidelines to clear a unanimous-consent
    request (Feb. 1, 1996, p. 2260; Nov. 22, 2002, p. 23510; Oct. 11, 2013,
    p. _; Oct. 12, 2013, p. _); (10) respond to political commentary (June
    25, 1998, p. 13978; Apr. 4, 2001, p. 5417; Oct. 8, 2004, p. 22634); (11)
    comment on the effect of time consumed on a pending amendment as a
    tactic to prevent the offering of other amendments under a special order
    adopted by the House (May 10, 2000, p. 7508); (12) anticipate whether
    bill language would trigger certain executive actions (Sept. 20, 1989,
    p. 20969); (13) interpret a pending proposition (May 13, 1998, p. 9129;
    July 9, 2009, p. 17233; Mar. 20, 2010, p. 4041; Apr. 8, 2014, p. _)
    (although the Chair may explain the application of the procedural status
    quo to a pending proposal to change that status quo by way of an
    amendment to the standing rules (Feb. 1, 2006, p. 541)); (14) identify
    which points of order were waived by a special order of business for a
    measure then pending (July 11, 2014, p. _); (15) judge the
    appropriateness of Senate action (Apr. 10, 2003, p. 9279); (16)
    characterize proceedings of a committee (June 15, 2006, p. 11409; Apr.
    8, 2014, p. _) or speculate as to hypothetical committee action (Feb. 6,
    2012, p. _) or the operation of committee rules (July 27, 2007, p.
    21124; Oct. 10, 2007, p. 26993), although the Chair has confirmed that
    the adoption of a motion to recommit with instructions to report
    ``promptly'' does not necessarily suspend the operation of any rule of
    the House (Feb. 27, 2008, p. 2640) or of a committee (Nov. 15, 2007, p.
    31789); (17) speculate whether Members-elect are entitled to
    compensation prior to taking the oath of office (Jan. 7, 2011, p. 228);
    (18) identify the number or party membership of cosponsors of a measure
    (Dec. 13, 2011, p. _; Apr. 8, 2014, p. _; Feb. 26, 2015, p. _) or
    signatories to a discharge petition (Apr. 8, 2014, p. _); (19) address
    the legislative schedule (Sept. 28, 2012, p. _).

    [[Page 348]]

      The Chair may clarify a prior response to a parliamentary inquiry
    (July 31, 1996, p. 20700; Mar. 21, 2010, p. 4106).
      The <> right of appeal
    insures the House against the arbitrary control of the Speaker and
    cannot be taken away from the House (V, 6002). Although a decision of
    the Chair on a point of order is subject to appeal on demand of any
    Member, a Member cannot secure a recorded vote on a point of order
    absent an appeal and the Chair's putting the question thereon (June 20,
    1996, p. 14847).
      An appeal may not be entertained from the following: (1) response to a
    parliamentary inquiry (V, 6955; VIII, 3457; July 11, 2013, p. _); (2)
    decision on recognition (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762;
    July 23, 1993, p. 16820; Apr. 4, 1995, p. 10298; June 17, 1999, p.
    13465; June 22, 2006, p. 12299; July 9, 2009, p. 17233); (3) decision on
    dilatoriness of motions (V, 5731); (4) question on which an appeal has
    just been decided (IV, 3036; V, 6877); (5) count of the number rising to
    demand tellers (VIII, 3105), to demand a recorded vote (June 24, 1976,
    p. 20390; June 14, 2000, p. 10841) or the yeas and nays (Sept. 12, 1978,
    p. 28950), or to object to a request under the former rule that required
    a committee have permission to sit during floor proceedings under the
    five-minute rule (Sept. 12, 1978, p. 28984); (6) count of a quorum (July
    24, 1974, p. 25012); (7) call of a voice vote (Aug. 10, 1994, p. 20766);
    (8) refusal to recapitulate a vote (VIII, 3128); (9) refusal under
    clause 7 of rule XX (formerly clause 6(e) of rule XV) to entertain a
    point of no quorum when a pending question has not been put to a vote
    (Sept. 16, 1977, p. 29594); (10) determination that a Member's time in
    debate has expired (Mar. 22, 1996, p. 6086); (11) announcement of the
    whole number of the House upon the death, resignation, expulsion,
    disqualification, or removal of a Member (clause 5(d) of rule XX); (12)
    announcement of the content of a catastrophic quorum failure report
    under clause 5(c) of rule XX (Sec. 1024a, infra). Although an
    announcement by the Chair that an objection to a unanimous-consent
    request has been heard is not subject to appeal (July 11, 2013, p. _),
    the Chair's ruling on the timeliness of the objection is subject to
    appeal (Apr. 14, 2005, pp. 6393, 6394). Although the timeliness of the
    Chair's recognition of a Member to offer a motion to table an appeal is
    not subject to appeal (June 22, 2006, p. 12299), the Chair's ruling on
    timeliness of a Member's demand that words be taken down is subject to
    appeal (Jan. 22, 2007, p. 1899). The decision of the Chair that a
    unanimous-consent request to revise and extend remarks contains oratory
    extending beyond a simple declarative statement of the Member's attitude
    toward the underlying measure and thus constitutes debate is subject to
    appeal (July 11, 2013, p. _, p. _, and p. _).
      An appeal also may not be entertained: (1) while another is pending
    (V, 6939-6941); (2) between the motion to adjourn and vote thereon (V,
    5361); (3) during a call of the yeas and nays (V, 6051); (4) when
    dilatory (V, 5715-5722; VIII, 2822).

    [[Page 349]]

      An appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455; June
    24, 2003, pp. 15854-56); unless laid on the table (V, 5301; Mar. 16,
    1988, p. 4086), or the previous question has been ordered (V, 5448,
    5449). An appeal from a decision relating to the priority of business
    (V, 6952), or relevancy of debate (V, 5056-5063) is not debatable.
    Debate in the House is under the hour rule (V, 4978), but may be closed
    at any time by the adoption of a motion for the previous question (V,
    6947); or to lay on the table (VIII, 3453). An appeal may be withdrawn
    at any time before action by the House thereon (as where the Chair has
    not even stated the question on appeal) (May 6, 2004, pp. 8590, 8591).
    Debate on an appeal in the Committee of the Whole is under the five-
    minute rule (VII, 1608; VIII, 2347, 2556a, 3454, 3455; June 24, 2003,
    pp. 15854-56), and may be closed by motion to close debate or to rise
    for such motion in the House (V, 6947, 6950; VIII, 3453). An appeal may
    be withdrawn in the Committee of the Whole as a matter of right (June 8,
    2000, p. 9954).
      The House has postponed, along with the underlying matter, an appeal
    from a decision of the Chair thereon (VIII, 2613). The Speaker may vote
    to sustain the Speaker's own decision (IV, 4569; V, 5686, 6956, 6957).

    Form of a question
      6. <> The Speaker
    shall rise to put a question but may state it sitting. The Speaker shall
    put a question in this form: ``Those in favor (of the question), say
    `Aye.'''; and after the affirmative voice is expressed, ``Those opposed,
    say `No.'''. After a vote by voice under this clause, the Speaker may
    use such voting procedures as may be invoked under rule XX.

      This clause was adopted in 1789 (II, 1311). Before the House
    recodified its rules in the 106th Congress, this clause (formerly clause
    5) consisted of this clause and current clause 1(a), clause 1(b), and
    clause 2(a) of rule XX (H. Res. 5, Jan. 6, 1999, p. 47).
      The motion as stated by the Chair in putting the question and not as
    stated by the Member in offering the motion, is the proposition voted on
    (VI, 247). Under this paragraph the Speaker must put the pending
    question to a voice vote before entertaining a demand for a recorded
    vote or the yeas and nays (Speaker Foley, Mar. 9, 1992, p. 4698). It is
    not in order for a Member having the floor in debate to conduct a
    ``straw vote'' or otherwise ask for a show of support for a proposition
    (Nov. 18, 1995, p. 33973).

    [[Page 350]]

    Discretion to vote
      7. <> The Speaker is not
    required to vote in ordinary legislative proceedings, except when such
    vote would be decisive or when the House is engaged in voting by ballot.

      This clause was adopted in 1789, and amended in 1850 (V, 5964) and
    1911. A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified
    its rules in the 106th Congress, clause 7 (formerly clause 6) consisted
    of this clause and current clause 1(c) of rule XX (H. Res. 5, Jan. 6,
    1999, p. 47).
      Although the amendment of 1850 granted the Speaker the same right to
    vote as other Members (V, 5966, 5967), it has historically rarely been
    exercised (V, 5964, footnote). The Speaker's name is not on the roll
    from which the yeas and nays are called (V, 5970), is called only on the
    Speaker's request (V, 5965), and is then called at the end of the roll
    by name (V, 5965; VIII, 3075). During an electronic vote, the Speaker
    directs the Clerk to record the Speaker's vote and verifies that
    instruction by submitting a vote card (Oct. 17, 1990, p. 30229). The
    Speaker may vote to make a tie and so decide a question in the negative,
    or may vote to break a tie and so decide a question in the affirmative
    (VIII, 3100; Aug. 14, 1957, p. 14783). The Speaker never has two votes
    on the same question; that is, having voted as a Member, the Speaker may
    not vote again should the result be a tie (V, 5964). The duty of giving
    a decisive vote may be exercised after the intervention of other
    business, or after the announcement of the result or on another day, if
    a correction of the roll shows a condition wherein the Speaker's vote
    would be decisive (V, 5969, 6061-6063; VIII, 3075). In one instance the
    Speaker asserted a right to withdraw a vote where a correction indicated
    that it was unnecessary (V, 5971).
      Before the vote by tellers was repealed (Sec. Sec. 1012, 1013, infra),
    the chair of the Committee of the Whole could be counted on a vote by
    tellers without passing through the tellers (V, 5996, 5997; VIII, 3100,
    3101).

    Speaker pro tempore
      8. <> (a) The Speaker may appoint a
    Member to perform the duties of the Chair. Except as specified in
    paragraph (b), such an appointment may not extend beyond three
    legislative days.
      (b)(1) In the case of illness, the Speaker may appoint a Member to
    perform the duties of the

    [[Page 351]]

    Chair for a period not exceeding 10 days, subject to the approval of the
    House. If the Speaker is absent and has omitted to make such an
    appointment, then the House shall elect a Speaker pro tempore to act
    during the absence of the Speaker.
      (2) With the approval of the House, the Speaker may appoint a Member
    to act as Speaker pro tempore only to sign enrolled bills and joint
    resolutions for a specified period of time.
      (3)(A) In the case of a vacancy in the Office of Speaker, the next
    Member on the list described in subdivision (B) shall act as Speaker pro
    tempore until the election of a Speaker or a Speaker pro tempore.
    Pending such election the Member acting as Speaker pro tempore may
    exercise such authorities of the Office of Speaker as may be necessary
    and appropriate to that end.
      (B) As soon as practicable after the election of the Speaker and
    whenever appropriate thereafter, the Speaker shall deliver to the Clerk
    a list of Members in the order in which each shall act as Speaker pro
    tempore under subdivision (A).
      (C) For purposes of subdivision (A), a vacancy in the Office of
    Speaker may exist by reason of the physical inability of the Speaker to
    discharge the duties of the office.

      Paragraph (a) was adopted in 1811 and limited to three legislative
    days in 1920 (VI, 263). Paragraph (b)(1) was adopted in 1876 (II, 1377).
    Paragraph (b)(2) was adopted in the 99th Congress (H. Res. 7, Jan. 3,
    1985, p. 393). Paragraph (b)(3) was adopted in the 108th Congress (sec.
    2(a), H. Res. 5, Jan. 7, 2003, p. 7). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). Before the House recodified its rules in the 106th Congress, clause
    8 (formerly clause

    [[Page 352]]

    7) and clause 9 occupied a single clause (H. Res. 5, Jan. 6, 1999, p.
    47). The Speaker delivers to the Clerk the list required under paragraph
    (b)(3)(B) and announces such delivery to the House (e.g., Mar. 13, 2003,
    p. 6118; Jan. 20, 2005, p. 266).
      The <> right of the House to elect a Speaker pro tempore in the
    absence of the Speaker was exercised before the rule was adopted (II,
    1405), although the House sometimes preferred to adjourn (I, 179). An
    elected Speaker pro tempore in the earlier practice was not sworn (I,
    229; II, 1386); but the Senate and sometimes the President were notified
    of such election (II, 1386-1389, 1405-1412; VI, 275). On August 31, 1961
    (p. 17765), the House adopted House Resolution 445, electing Hon. John
    W. McCormack as Speaker pro tempore in the absence and terminal illness
    of Speaker Rayburn. The resolution provided that the Clerk notify the
    President and the Senate. The chair of the Democratic Caucus then
    administered the oath. The Speaker has appointed a Speaker pro tempore
    to perform the duties of the Chair for a fourth consecutive day on
    account of illness (Speaker Hastert, Feb. 26, 2001, p. 2192). Elected
    Speakers pro tempore have signed enrolled bills, appointed select
    committees, administered the oath of office to a Member-elect (Mar. 17,
    1998, p. 3836), etc., functions not exercised by a Speaker pro tempore
    designated under paragraph (a) of this clause (II, 1399, 1400, 1404; VI,
    274, 277; Sept. 21, 1961, p. 20572; June 21, 1984, p. 17708). The House
    may permit the Speaker to make appointments beyond the limit in
    paragraph (a) (e.g., Dec. 16, 2009, pp. 32039, 32040). The House may
    agree by unanimous consent to the Speaker's appointment under this
    clause of Members in the alternative to act as Speakers pro tempore to
    sign enrollments through a date certain (e.g., Aug. 6, 1998, p. 19128)
    or for an entire Congress (e.g., Jan. 6, 2009, p. 25).
      A call of the House may take place with a Speaker pro tempore in the
    chair (IV, 2989), and the Speaker pro tempore may issue a warrant for
    the arrest of absent Members under a call of the House (VI, 688). When
    the Speaker is not present at the opening of a session, including
    morning-hour debate, the Speaker designates a Speaker pro tempore in
    writing (II, 1378, 1401); but does not usually announce the Members
    called to the chair temporarily during the day's sitting (II, 1379,
    1400). The presence of the Speaker either at the opening of morning-hour
    debate or at the opening of the regular session on a day satisfies the
    requirement that the Speaker be present to convene the House at least
    every fourth day. A Speaker pro tempore elected under clause 8 of rule I
    may in turn designate another Member to act as Speaker pro tempore on a
    day certain (II, 1384; VI, 275; Feb. 23, 1996, p. 2807). Members of the
    minority have been called to the chair on occasions of ceremony (II,
    1383; VI, 270; Jan. 31, 1951, p. 779), but rarely otherwise (II, 1382,
    1390; III, 2596; VI, 264).

    [[Page 353]]

    Other responsibilities
      9. <> The Speaker, in
    consultation with the Minority Leader, shall develop through an
    appropriate entity of the House a system for drug testing in the House.
    The system may provide for the testing of a Member, Delegate, Resident
    Commissioner, officer, or employee of the House, and otherwise shall be
    comparable in scope to the system for drug testing in the executive
    branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses
    of the system may be paid from applicable accounts of the House for
    official expenses.

      This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997,
    p. 121). Clerical and stylistic changes to this clause were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47). This clause was redesignated from clause 13 to
    clause 9 in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p.
    7).

      Clause 9 <> formerly was occupied
    by a prohibition against the Speaker serving for more than four
    consecutive Congresses, which was added in the 104th Congress (sec.
    103(a), H. Res. 6, Jan. 4, 1995, p. 462) and repealed in the 108th
    Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. 7). Before the House
    recodified its rules in the 106th Congress, the former term-limit rule
    and current clause 8 occupied a single clause (formerly clause 7) (H.
    Res. 5, Jan. 6, 1999, p. 47).

    Designation of travel
      10. <> The Speaker may designate a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House to travel on the business of the House within or without the
    United States, whether the House is meeting, has recessed, or has
    adjourned. Expenses for such travel may be paid from applicable accounts
    of the House described in clause

    [[Page 354]]

    1(k)(1) of rule X on vouchers approved and signed solely by the Speaker.

      This clause was adopted in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20). In the 105th Congress this clause was amended to update
    archaic references to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997,
    p. 121). In the 106th, 109th, and 112th Congresses, clerical corrections
    were effected with respect to the ``applicable accounts of the House''
    (H. Res. 5, Jan. 6, 1999, p. 47; sec. 2(a), H. Res. 5, Jan. 4, 2005, p.
    42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80). Before the House
    recodified its rules in the 106th Congress, this clause and the
    provision now found in clause 10 of rule XXIV together occupied former
    clause 8 of this rule (H. Res. 5, Jan. 6, 1999, p. 47). See also
    Sec. Sec. 769, 770, infra, for discussion of the Speaker's authority
    under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754)
    to authorize use of counterpart funds for Members and employees for
    foreign travel, except where authorized by the chair of the committee
    for members and employees thereof.

    Committee appointment
      11. The <> Speaker
    shall appoint all select, joint, and conference committees ordered by
    the House. At any time after an original appointment, the Speaker may
    remove Members, Delegates, or the Resident Commissioner from, or appoint
    additional Members, Delegates, or the Resident Commissioner to, a select
    or conference committee. In appointing Members, Delegates, or the
    Resident Commissioner to conference committees, the Speaker shall
    appoint no less than a majority who generally supported the House
    position as determined by the Speaker, shall name those who are
    primarily responsible for the legislation, and shall, to the fullest
    extent feasible, include the principal proponents of the major
    provisions of the bill or resolution passed or adopted by the House.

    [[Page 355]]

      The provision of this clause relating to select committees was adopted
    in 1880, and the provision relating to conference committees was first
    adopted in 1890, although the practice of leaving the appointment of
    conference committees to the Speaker had existed from the earliest years
    of the House's history (IV, 4470; VIII, 2192). The provision authorizing
    the Speaker to add or remove select committee members or conferees after
    the initial appointment was added in the 103d Congress (H. Res. 5, Jan.
    5, 1993, p. 49). The provision requiring the Speaker to appoint a
    majority of Members who generally supported the House position became
    effective on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). The provision requiring the Speaker to appoint Members primarily
    responsible for the legislation was added in the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 6(f) of
    rule X (H. Res. 5, Jan. 6, 1999, p. 47).
      Before 1880 the House could take from the Speaker the appointment of a
    select committee (IV, 4448, 4470; VIII, 2192) and on several occasions
    did so (IV, 4471-4476). In the earlier practice of the House, the Member
    moving a select committee was appointed its chair (II, 1275; III, 2342;
    IV, 4514-4516). However, in modern practice, except for matters of
    ceremony, the inconvenience and even impropriety of the usage has caused
    it often to be disregarded (IV, 4517-4523, 4671). The Speaker has
    removed Members from a select committee (e.g., Sept. 8, 2004, pp. 17754,
    17755).
      It is within the discretion of the Chair whom to appoint as conferees
    (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and such discretion is
    not subject to challenge on a point of order even though clause 11
    requires the Speaker to appoint as conferees Members who are primarily
    responsible for the legislation (Speaker O'Neill, Oct. 12, 1977, p.
    33434). A motion to instruct the Speaker as to the number and
    composition of a conference committee on the part of the House is not in
    order (VIII, 2193, 3221), and a motion to instruct conferees does not
    necessarily form the basis for the Speaker's determination under this
    clause as to which Members support the legislation (May 9, 1990, p.
    9830).
      The Speaker may appoint conferees from committees: (1) that have not
    reported a measure; (2) that have jurisdiction over provisions of a non-
    germane Senate amendment to a House amendment to a Senate bill
    originally narrower in scope (Speaker O'Neill, Nov. 28, 1979, p. 33904);
    (3) that have jurisdiction over provisions of an original Senate bill
    where the House amendment was narrower in scope (Speaker O'Neill, July
    28, 1980, p. 19875; July 11, 1985, p. 18545). The Speaker may also
    appoint one who, although not a member of the committee of jurisdiction,
    is a principal proponent of the measure (Speaker Gingrich, Feb. 1, 1995,
    p. 3258) or a principal proponent of an adopted floor amendment (June
    21, 1977, p. 20132). The Speaker has appointed as sole conferees on a
    nongermane portion of a Senate bill or amendment only members from the
    committee having jurisdiction over the subject matter thereof (Speaker
    O'Neill, Aug.

    [[Page 356]]

    27, 1980, p. 23548; July 24, 1986, p. 17644), and also members from such
    committees as additional rather than exclusive conferees on other
    nongermane portions of the Senate bill (July 24, 1986, p. 17644). Where
    a comprehensive matter is committed to conference, the Speaker may
    appoint separate groups of conferees from several committees for
    concurrent or exclusive consideration of provisions within their
    respective jurisdictions (Feb. 7, 1990, p. 1522; May 9, 1990, p. 9830).
    In the 102d Congress the Speaker reiterated the announced policy of
    simplifying conference appointments by noting on the occasion of a
    relatively complex appointment that, inasmuch as conference committees
    are select committees that dissolve when their report is acted upon,
    conference appointments should not be construed as jurisdictional
    precedent (Speaker Foley, June 3, 1992, p. 13288).
      Pursuant to this clause the Speaker may by the terms of the
    appointment empower a group of exclusive conferees to report in total
    disagreement (June 10, 1988, p. 14077; Sept. 20, 1989, p. 20955). The
    Speaker may modify an appointment by removal (e.g., Mar. 10, 1998, p.
    3049), addition (e.g., Nov. 14, 2005, p. 25816), or substitution of one
    conferee for another (Dec. 16, 2005, p. 29212; Oct. 6, 2009, p. 23628;
    Nov. 14, 2013, p. _), or by expansion of the specification of provisions
    for which a conferee is appointed (Oct. 3, 2002, p. 19011; Nov. 14,
    2005, p. 25816). The Speaker may fill a vacancy on a conference
    committee by appointment but may not accept a resignation from a
    conference committee (as contrasted with the authority to remove) absent
    an order of the House (Nov. 4, 1987, p. 30808). The Speaker may choose
    to appoint minority conferees on the recommendation of the Minority
    Leader (Speaker Boehner, Dec. 20, 2011, p. _; Dec. 23, 2011, p. _).
      For a further discussion of the Speaker's authority to appoint
    conferees, see Sec. 536, supra.

    Recess and Convening Authorities
      12. <> (a) To suspend the
    business of the House for a short time when no question is pending
    before the House, the Speaker may declare a recess subject to the call
    of the Chair.

      This paragraph was added as clause 12 of rule I in the 103d Congress
    (H. Res. 5, Jan. 5, 1993, p. 49). It was redesignated as paragraph (a)
    in the 108th Congress (sec. 2(c), H. Res. 5, Jan. 7, 2003, p. 7). Having
    postponed proceedings on a pending question (Apr. 30, 1998, p. 7381) or
    having withdrawn recognition for a special-order speech (Nov. 4, 2009,
    p. 26795), the Speaker may declare a recess for a short time under this
    paragraph (there being no question then pending before the House). A
    Member's mere revelation that the Member seeks to offer a motion to
    adjourn does not

    [[Page 357]]

    suffice to make that motion ``pending,'' and thus the Chair remains able
    to declare a short recess under this paragraph (Oct. 28, 1997, p. 23524;
    June 25, 2003, p. 16241; July 13, 2009, p. 17493).

      (b)(1) <> To suspend the business of the House when notified of an
    imminent threat to its safety, the Speaker may declare an emergency
    recess subject to the call of the Chair.
      (2) To suspend the business of the Committee of the Whole House on the
    state of the Union when notified of an imminent threat to its safety,
    the chair of the Committee of the Whole may declare an emergency recess
    subject to the call of the Chair.
      (c) During any recess or adjournment of not more than three days, if
    the Speaker is notified by the Sergeant-at-Arms of an imminent
    impairment of the place of reconvening at the time previously appointed,
    then the Speaker may, in consultation with the Minority Leader--
          (1) postpone the time for reconvening within the limits of clause
    4, section 5, article I of the Constitution and notify Members
    accordingly; or
          (2) reconvene the House before the time previously appointed
    solely to declare the House in recess within the limits of clause 4,
    section 5, article I of the Constitution and notify Members accordingly.
      (d) The Speaker may convene the House in a place at the seat of
    government other than the Hall of the House whenever, in the opinion of
    the Speaker, the public interest shall warrant it.

    [[Page 358]]

      (e) During any recess or adjournment of not more than three days, if
    in the opinion of the Speaker the public interest so warrants, then the
    Speaker, after consultation with the Minority Leader, may reconvene the
    House at a time other than that previously appointed, within the limits
    of clause 4, section 5, article I of the Constitution, and notify
    Members accordingly.
      (f) The Speaker may name a designee for purposes of paragraphs (c),
    (d), and (e).

      Paragraphs (b)-(d) were added in the 108th Congress (sec. 2(c), H.
    Res. 5, Jan. 7, 2003, p. 7) and the application of paragraph (b) to the
    Committee of the Whole was clarified in the 110th Congress (sec. 505(a),
    H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). Gender-based
    references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7). Paragraphs (e) and (f) were added in the 114th
    Congress (sec. 2(d), H. Res. 5, Jan. 6, 2015, p. _). An emergency recess
    under paragraph (b) has been declared by the Speaker pro tempore (Mar.
    6, 2003, p. 5355 (drill); May 11, 2005, p. 9163; Oct. 3, 2013, p. _) and
    by the chair of the Committee of the Whole (June 29, 2005, p. 14835).
    For the Speaker's inherent authority to declare a recess under clause 2
    of rule I, see Sec. 622, supra. The Speaker has dispensed with the
    conduct of morning-hour debate (July 10, 2014, p. _; see Sec. 951,
    infra) or changed the convening time under paragraph (c) (Dec. 19, 2009,
    p. 32729; Oct. 30, 2012, p. _; Jan. 21, 2014, p. _; Mar. 4, 2014, p. _)
    upon notification by the Sergeant-at-Arms of an imminent impairment to
    reconvening. The House previously provided the public interest
    reconvening authority now in paragraph (e) by standing order (see
    Sec. 83a, supra, discussing also similar authority in the Senate). The
    Speaker executes by letter the designation under paragraph (f) (e.g.,
    Jan. 6, 2015, p. _).

                                     Rule II

                          other officers and officials

    Elections
      1. <> There
    shall be elected at the commencement of each Congress, to continue in
    office until their successors are chosen and qualified, a Clerk, a

    [[Page 359]]

    Sergeant-at-Arms, a Chief Administrative Officer, and a Chaplain. Each
    of these officers shall take an oath to support the Constitution of the
    United States, and for the true and faithful exercise of the duties of
    the office to the best of the knowledge and ability of the officer, and
    to keep the secrets of the House. Each of these officers shall appoint
    all of the employees of the department concerned provided for by law.
    The Clerk, Sergeant-at-Arms, and Chief Administrative Officer may be
    removed by the House or by the Speaker.

      When the House recodified its rules, it consolidated former rules II
    through VII, former clauses 10 and 11 of rule I, former clause 6 of rule
    XIII, and former clause 5 of rule XVI under rule II (H. Res. 5, Jan. 6,
    1999, p. 47). A rudimentary form of this clause was adopted in 1789, and
    was amended several times before 1880, when it assumed the form it
    retained for more than a century (I, 187). During the 102d Congress, the
    House Administrative Reform Resolution of 1992 amended the clause to
    abolish the Office of the Postmaster (see Sec. 668, infra) and to
    empower the Speaker to remove certain elected officers (H. Res. 423,
    Apr. 9, 1992, p. 9039). The 104th Congress made conforming changes to
    the clause to reflect the abolishment of the Office of the Doorkeeper
    and the establishment of an elected Chief Administrative Officer (sec.
    201(a), H. Res. 6, Jan. 4, 1995, p. 463). Clerical and stylistic changes
    were effected when the House recodified its rules in the 106th Congress
    (H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). For a discussion of the former Office of the Doorkeeper, see
    Sec. 663a, infra; and for a discussion of the evolution of the Chief
    Administrative Officer (an elected officer) from the former Director of
    Non-legislative and Financial Services (an officer appointed jointly by
    the Speaker and the Majority and Minority Leaders under clause 1 of rule
    VI of the 103d Congress), see Sec. 664, infra.
      The House having discarded a theory that the rules might be imposed by
    one House on its successor (V, 6743-6745), it follows that this clause
    is not operative at the organization before the rules are adopted.
    Before the House recodified its rules in the 106th Congress, the House
    was required under former rule II to elect its Speaker and other
    officers by a viva voce vote following nominations (I, 204, 208).
    However, the officers mentioned in the rule, other than Speaker, were,
    even then, usually chosen by resolution, which is not a viva voce
    election (I, 193, 194). A majority

    [[Page 360]]

    vote is required for the election of officers of both Houses of Congress
    (VI, 23). The oath is administered by the Speaker to the officers (I,
    81; Sec. 198, supra). The requirement that the officers be sworn to keep
    the secrets of the House had become obsolete (I, 187), but the 104th
    Congress adopted a requirement that Members, officers, and employees
    subscribe an oath of secrecy regarding classified information (clause 13
    of rule XXIII). Clause 4(d)(1)(A) of rule X requires the Committee on
    House Administration to provide policy direction for, and oversight of,
    the Chief Administrative Officer and the Inspector General, and
    oversight of the Clerk and Sergeant-at-Arms (see Sec. 752, infra).
      The House has declined to interfere with the Clerk's power of removing
    subordinates (I, 249). Employees under the Clerk and other officers are
    to be assigned only the duties for which they are appointed (V, 7232).
    The Sergeant-at-Arms having died, the Clerk was elected by the House to
    serve temporarily also as Sergeant-at-Arms without additional
    compensation (July 8, 1953, p. 8242). The Legislative Reorganization Act
    of 1946 (2 U.S.C. 5501) authorizes the Speaker to fill temporary
    vacancies in the offices of Clerk, Sergeant-at-Arms, Chief
    Administrative Officer, and Chaplain. A former version of the Act also
    permitted temporary appointments to the former offices of Doorkeeper and
    Postmaster. The Speaker has exercised the authority to fill temporary
    vacancies in the offices of Sergeant-at-Arms (Jan. 6, 1954, p. 8; June
    30, 1972, p. 23665; Feb. 28, 1980, p. 4350; and Mar. 12, 1992, p. 5519),
    Clerk (Nov. 15, 1975, p. 36901; Jan. 6, 1999, p. 257; Nov. 18, 2005, p.
    27489), Chaplain (Mar. 14, 1966, p. 5712; Mar. 23, 2000, p. 3481),
    Doorkeeper (Dec. 20, 1974, p. 41855), and Chief Administrative Officer
    (Jan. 9, 1997, p. 279; July 15, 2010, p. 13111). A resolution electing a
    House officer is presented as a question of privilege (July 31, 1997, p.
    17021; Speaker Hastert, Dec. 6, 2005, p. 27569; May 25, 2011, p. 7885;
    Jan. 7, 2014, p. _) even when prospective (Feb. 6, 2007, p. 3156). The
    resignation of an elected officer of the House is subject to acceptance
    by the House (Mar. 23, 2000, p. 3480; Feb. 6, 2007, p. 3156) and may be
    prospective (July 15, 2010, pp. 13110, 13111) or retroactive (May 25,
    2011, pp. 7884, 7885).

    Clerk
      2. <> (a) At the
    commencement of the first session of each Congress, the Clerk shall call
    the Members, Delegates, and Resident Commissioner to order and proceed
    to record their presence by States in alphabetical order, either by call
    of the roll or by use of the electronic voting system. Pending the
    election of a Speaker or Speaker pro

    [[Page 361]]

    tempore, the Clerk shall preserve order and decorum and decide all
    questions of order, subject to appeal by a Member, Delegate, or Resident
    Commissioner.

      In 1880 several rules, adopted at different periods from 1794 to 1846,
    were consolidated into this clause, which, before the House recodified
    its rules in the 106th Congress, was found in rule III (H. Res. 5, Jan.
    6, 1999, p. 47). Paragraph (a) was initially framed in 1880, on a basis
    furnished by a rule of 1860 (I, 64), and amended in 1911.
      Various <> administrative
    duties, similar to those specified in this clause, are imposed on the
    Clerk by law (I, 253; Legislative Reorganization Act of 1946, 60 Stat.
    812); and the law also requires the furnishing of stationery, blank
    books, etc., to the committees and officers of the House (V, 7322); to
    exercise discretionary authority as to reprinting of bills and documents
    (V, 7319); and to receive the testimony taken in election contests (I,
    703, 705; see also Federal Contested Election Act, P.L. 91-138, 83 Stat.
    284). Instance of Clerk serving temporarily also as Sergeant-at-Arms
    (July 8, 1953, p. 8242).
      As <> rules are not
    usually adopted until after the election of the Speaker, this paragraph
    is not in force at the time of organization of a new House. The
    procedure at organization does, however, follow a practice conforming to
    the terms of the paragraph (I, 81), although the House may depart from
    it. For a discussion of procedure in the House before the adoption of
    rules, including the procedure by which the Clerk conducts the election
    of the Speaker, see Sec. Sec. 27, 60, supra. The Clerk, in presiding
    before the election of the Speaker, recognizes Members (I, 74). The
    Members-elect have on one occasion, before the election of the Speaker
    or adoption of rules, authorized the Clerk and Sergeant-at-Arms of the
    last House to preserve order (I, 101).
      Although the Speaker ceases to be an officer of the House with the
    expiration of a Congress, the Clerk, by old usage, continues in a new
    Congress (I, 187, 188, 235, 244).-
      The <> roll of Members is
    made up by the Clerk from the credentials, in accordance with a
    provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of
    election in due form having been filed, the Clerk placed the name of the
    Member-elect on the roll, although he was subsequently advised that a
    State Supreme Court had issued a writ restraining the Secretary of State
    from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll
    may not be interrupted, especially by one not on that roll (I, 84), and
    a person not on the roll may not be recognized (I, 86). A motion to
    proceed to the election of the Speaker is of higher privilege than a
    motion to correct the

    [[Page 362]]

    roll (I, 19-24). The House has declined to permit enrollment by the
    Clerk to be final as to prima facie right (I, 376, 589, 592).
      In <> early years the authority of the Clerk to decide
    questions of order pending the election of a Speaker was questioned (I,
    65). The Clerks often declined to make decisions (I, 68-72; V, 5325).
    However, in 1855 and 1997 the Clerk decided a question of order; and in
    1997 the Clerk was sustained on appeal (I, 91; Jan. 7, 1997, pp. 115,
    116). During the existence of a rule that applied the rules of a prior
    House to a successor House (1860 through 1890) (I, 64; V, 6743-6747) the
    Clerks made several rulings (I, 76, 77; VI, 623).
      Before clause 8(b)(3) of rule I, this clause operated also in the case
    of a vacancy in the Office of the Speaker arising during a Congress. For
    example, upon the death of the Speaker during an adjournment sine die of
    the first session of the 87th Congress, the Clerk called the House to
    order on the first day of the second session (Jan. 10, 1962, p. 5).
    However, clause 8(b)(3) of rule I now requires the Speaker to deliver to
    the Clerk a list of Members in the order in which each shall act as
    Speaker pro tempore in the case of a vacancy.
      The Clerk having died, and in the absence of the Sergeant-at-Arms, the
    Doorkeeper of the 79th Congress presided at organization of the 80th
    Congress (Jan. 3, 1947, p. 33). The Clerk, having been appointed
    pursuant to 2 U.S.C. 5501 by the previous Speaker at the end of the
    105th Congress to fill a vacancy caused by resignation of the Clerk
    elected for that Congress, presided at the organization of the 106th
    Congress (Jan. 6, 1999, p. 41).

      (b) <> At the
    commencement of every regular session of Congress, the Clerk shall make
    and cause to be delivered to each Member, Delegate, and the Resident
    Commissioner a list of the reports that any officer or Department is
    required to make to Congress, citing the law or resolution in which the
    requirement may be contained and placing under the name of each officer
    the list of reports required to be made by such officer.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule II (H. Res. 5, Jan. 6,
    1999, p. 47). The paragraph was initially adopted in 1822 (I, 252). It
    was amended in the 107th Congress to permit the Clerk to publish the
    list in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001,
    p. 25). A gender-based

    [[Page 363]]

    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7).

      (c) The Clerk shall--
          (1) note <> all questions of order, with the decisions thereon, the
    record of which shall be appended to the Journal of each session;
          (2) enter on the Journal the hour at which the House adjourns;
          (3) complete the distribution of the Journal to Members,
    Delegates, and the Resident Commissioner, together with an accurate and
    complete index, as soon as possible after the close of a session; and
          (4) send a copy of the Journal to the executive of and to each
    branch of the legislature of every State as may be requested by such
    State officials.

      Before the House recodified its rules in the 106th Congress, this
    paragraph (except subparagraph (2)) was found in former clause 3 of rule
    III (I, 251); and subparagraph (2) was found in former clause 5 of rule
    XVI (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (2) was adopted
    initially in 1837 and amended in 1880 (V, 6740). Former provisions
    directing the Clerk to make all contracts, keep contingent and
    stationery accounts, and pay officers and employees were stricken by the
    House Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong.,
    Apr. 9, 1992, p. 9050) to relieve the Clerk of functions to be
    transferred to the Director of Non-legislative and Financial Services
    pursuant to that resolution (see Sec. 664, infra). Clerical corrections
    were effected at the beginning of the 104th Congress (sec. 223(f), H.
    Res. 6, Jan. 4, 1995, p. 469) and the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47). During the 104th Congress the requirement to send a
    printed copy of the Journal to each branch of every State legislature
    was changed to an authorization to send such copies on request (H. Res.
    254, Nov. 30, 1995, p. 35077). Subparagraphs (3) and (4) were amended in
    the 107th Congress to permit the Clerk to publish the Journal in a form
    other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. 25).

    [[Page 364]]

      (d)(1) <> The
    Clerk shall attest and affix the seal of the House to all writs,
    warrants, and subpoenas issued by order of the House and certify the
    passage of all bills and joint resolutions.
      (2) The Clerk shall examine all bills, amendments, and joint
    resolutions after passage by the House and, in cooperation with the
    Senate, examine all bills and joint resolutions that have passed both
    Houses to see that they are correctly enrolled and forthwith present
    those bills and joint resolutions that originated in the House to the
    President in person after their signature by the Speaker and the
    President of the Senate, and report to the House the fact and date of
    their presentment.

      Before the House recodified its rules in the 106th Congress,
    subparagraph (1) was found in former clause 3 of rule III (H. Res. 5,
    Jan. 6, 1999, p. 47). When the House issues an order or warrant, the
    Speaker must issue the summons under the Speaker's hand and seal, and it
    must be attested by the Clerk; but when the power is granted to a
    committee to send for persons and papers under clause 2(m) of rule XI, a
    summons signed by the chair of the committee is sufficient (III, 1668).
      The enrollment process was originally the responsibility of the
    Committee on Enrolled Bills, which was created in 1789 by a joint rule
    of the two Houses (IV, 4350). This joint rule lapsed in 1876 with other
    joint rules, but in 1880 the Rules of the House were amended to again
    recognize the Committee on Enrolled Bills (IV, 4350, 4416; VII, 2099).
    Responsibility for the engrossment and enrollment process was given to
    the Committee on House Administration when that committee was created
    effective January 2, 1947 as part of the Legislative Reorganization Act
    of 1946 (60 Stat. 812) as an enumerated subject of legislative
    jurisdiction. That responsibility was transferred from the committee's
    legislative jurisdiction to its special oversight jurisdiction (see
    former clause 4(d)(1)(A) of rule X) by the Committee Reform Amendments
    of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470) and was transferred to the Clerk in the 107th Congress
    (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 28).
      A special order of business reported by the Committee on Rules
    directing the Clerk to refrain from certifying an enrollment pending the
    resolution

    [[Page 365]]

    of a given contingency does not violate subparagraph (2) (Apr. 13, 2011,
    p. 5873).

      (e) <> The Clerk shall cause
    the calendars of the House to be distributed each legislative day.

      Before the House recodified its rules in the 106th Congress, paragraph
    (e) was found in former clause 6 of rule XIII (H. Res. 5, Jan. 6, 1999,
    p. 47). This paragraph was adopted initially in the 62d Congress, April
    5, 1911 (VI, 743), and amended December 8, 1931 (pp. 10, 83). It was
    amended in the 107th Congress to permit the Clerk to publish the
    calendars in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3,
    2001, p. 25).

      (f) The Clerk shall--
          (1) retain <> in the library at the
    Office of the Clerk for the use of the Members, Delegates, Resident
    Commissioner, and officers of the House, and not to be withdrawn
    therefrom, two copies of all the books and printed documents deposited
    there; and
          (2) deliver to any Member, Delegate, or the Resident Commissioner
    an extra copy of each document requested by that Member, Delegate, or
    Resident Commissioner that has been printed by order of either House of
    Congress in any Congress in which the Member, Delegate, or Resident
    Commissioner served.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (c) and (f) were found in former clause 3 of rule III (H.
    Res. 5, Jan. 6, 1999, p. 47). They were amended in the 92d Congress to
    include Delegates and the Resident Commissioner among those entitled to
    the listed services (H. Res. 5, Jan. 22, 1971, pp. 140-44; H. Res. 1153,
    Oct. 13, 1972, pp. 36013-15). Paragraph (f) was amended in the 107th
    Congress to permit the Clerk to distribute documents by a method other
    than mail and in a form other than bound (sec. 2(a), H. Res. 5, Jan. 3,
    2001, p. 25).

    [[Page 366]]

      (g) <> The
    Clerk shall provide for the temporary absence or disability of the Clerk
    by designating an official in the Office of the Clerk to sign all papers
    that may require the official signature of the Clerk and to perform all
    other official acts that the Clerk may be required to perform under the
    rules and practices of the House, except such official acts as are
    provided for by statute. Official acts performed by the designated
    official shall be under the name of the Clerk. The designation shall be
    in writing and shall be laid before the House and entered on the
    Journal.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 4 of rule III (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted initially on January 18, 1912 (VI, 25) and
    was amended January 3, 1953 (p. 16). Form of designation of a Clerk pro
    tempore (VI, 26). Technical corrections were effected in the 108th
    Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7).

      (h) <> The Clerk may
    receive messages from the President and from the Senate at any time when
    the House is in recess or adjournment.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 5 of rule III (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113) and amended in the 111th Congress to apply to recesses
    as well as adjournments (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9) to
    reflect current practice (see Dec. 22, 1987, p. 37966). In the case of
    Kennedy v. Sampson, 511 F.2d 430 (D.C. Cir. 1974) (see Sec. 113, supra,
    accompanying Const., art. I, sec. 7, cl. 2) a United States court of
    appeals held that a bill could not be pocket-vetoed by the President
    during an ``intrasession'' adjournment of Congress to a day certain for
    more than three days, where the House of origin has made appropriate
    arrangements for the receipt of Presidential messages during the
    adjournment.

    [[Page 367]]

      (i)(1) <> The Clerk shall supervise the staff and manage the office of a
    Member, Delegate, or Resident Commissioner who has died, resigned, or
    been expelled until a successor is elected. The Clerk shall perform
    similar duties in the event that a vacancy is declared by the House in
    any congressional district because of the incapacity of the person
    representing such district or other reason. When acting as a supervisory
    authority over such staff, the Clerk shall have authority to terminate
    employees and, with the approval of the Committee on House
    Administration, may appoint such staff as is required to operate the
    office until a successor is elected.
      (2) For 60 days following the death of a former Speaker, the Clerk
    shall maintain on the House payroll, and shall supervise in the same
    manner, staff appointed under House Resolution 1238, Ninety-first
    Congress (as enacted into permanent law by chapter VIII of the
    Supplemental Appropriations Act, 1971) (2 U.S.C. 5128).

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 6 of rule III (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted initially in the 98th Congress (H. Res. 5,
    Jan. 3, 1983, p. 34). It was amended in the 104th and 106th Congresses
    to reflect changes in the name of the Committee on House Administration
    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999,
    p. 47). A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).

    -  (j) In <> addition to any other
    reports required by the Speaker or the Committee on House
    Administration, the Clerk shall report to the Committee on House
    Administration not later than 45 days following the

    [[Page 368]]

    close of each semiannual period ending on June 30 or on December 31 on
    the financial and operational status of each function under the
    jurisdiction of the Clerk. Each report shall include financial
    statements and a description or explanation of current operations, the
    implementation of new policies and procedures, and future plans for each
    function.
      (k) <> The Clerk shall fully
    cooperate with the appropriate offices and persons in the performance of
    reviews and audits of financial records and administrative operations.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (j) and (k) were found in former clauses 7 and 8 of rule III
    (H. Res. 5, Jan. 6, 1999, p. 47). They were adopted initially in the
    104th Congress (sec. 201(b), H. Res. 6, Jan. 4, 1995, p. 463). A
    conforming change was effected at the beginning of the 106th Congress in
    the name of the Committee on House Administration (H. Res. 5, Jan. 6,
    1999, p. 47).

    Sergeant-at-Arms--
      3. (a) <>
    The Sergeant-at-Arms shall attend the House during its sittings and
    maintain order under the direction of the Speaker or other presiding
    officer. The Sergeant-at-Arms shall execute the commands of the House,
    and all processes issued by authority thereof, directed to the Sergeant-
    at-Arms by the Speaker.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 1 of rule IV (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted initially in 1789, with additions and
    amendments in 1838, 1877, 1890 (I, 257), 1911 (VI, 29), and 1971. A
    gender-based reference was eliminated in the 111th Congress (sec. 2(l),
    H. Res. 5, Jan. 6, 2009, p. 7). Amendments adopted in the 92d Congress
    to clarify the responsibility of the Sergeant-at-Arms to keep the
    accounts for the pay and mileage of the Delegates from the District of
    Columbia, Guam, and

    [[Page 369]]

    the Virgin Islands and the Resident Commissioner from Puerto Rico as
    well as for Members (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153,
    Oct. 13, 1972, pp. 36013-15) were stricken by the House Administrative
    Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p.
    9039) to relieve the Sergeant-at-Arms of functions transferred to the
    Director of Non-legislative and Financial Services pursuant to that
    resolution (see Sec. 664, supra). In the 94th Congress, the provisions
    of House Resolution 732, directing the Sergeant-at-Arms to enter into
    agreements with State officials, with the approval of the Committee on
    House Administration, to withhold State income taxes from the pay of
    each Member subject to such State income tax and requesting such
    withholding, were enacted into permanent law (90 Stat. 1448; 2 U.S.C.
    4556). During the 102d Congress, the House adopted a resolution
    presented by the Majority Leader as a question of the privileges of the
    House to terminate all bank and check-cashing operations in the Office
    of the Sergeant-at-Arms and direct the Committee on Standards of
    Official Conduct (now Ethics) to review GAO audits of such operations
    (Oct. 3, 1991, p. 25435). When former rule IV was rewritten in the 104th
    Congress, clause 1 was restated without change (sec. 201(c), H. Res. 6,
    Jan. 4, 1995, p. 463). The Chair may enlist the Sergeant-at-Arms to
    assist the Chair in maintaining decorum (Sept. 17, 1997, p. 19027; Mar.
    28, 2012, p. _).
      The Sergeant-at-Arms is authorized to make payments from the
    contingent fund of the House (now referred to as ``applicable accounts
    of the House described in clause 1(k)(1) of rule X''), under rules
    prescribed by the Committee on House Administration, to defray the
    expenses of the funeral of a deceased Member of the House and the
    expenses of any delegation of Members of Congress duly appointed to
    attend (76 Stat. 686; 2 U.S.C. 5606).
      The Speaker ordered that documents received in a communication from an
    independent counsel advising the House of substantial and credible
    information that may constitute grounds for impeachment of the President
    be kept under armed guard of the Sergeant-at-Arms until the House
    determined which documents to make available to the public (Sept. 9,
    1998, p. 19769).
      At the organization of the House in a new Congress, the Speaker may
    maintain decorum before adoption of rules by directing the Sergeant-at-
    Arms to present the mace as the traditional symbol of order (Jan. 3,
    1991, p. 58). Before the election of Speaker, a special rule may be
    adopted conferring the authority of this paragraph, as was done in 1849
    and 1859 (I, 101, 102).
      Duties imposed on the Sergeant-at-Arms by law (I, 258) include control
    of the Capitol Police; and the making up of the roll of Members-elect
    and presiding over the organization of a new Congress in case of vacancy
    in the Office of the Clerk, or the absence or disability of that officer
    (2 U.S.C. 26). The death of the Sergeant-at-Arms being announced, the
    House passed appropriate resolutions and adjourned as a mark of respect
    (VI, 32; July

    [[Page 370]]

    8, 1953, p. 8263). The Clerk having died, and in the absence of the
    Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at the
    organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 83d
    Congress the Sergeant-at-Arms having died, the Clerk was elected to
    serve temporarily both as Clerk and Sergeant-at-Arms (July 8, 1953, p.
    8242), and upon resignation by the Clerk from the additional position of
    Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 5501, appointed a
    temporary Sergeant-at-Arms (Jan. 6, 1954, p. 8). The Sergeant-at-Arms
    having resigned in the 96th Congress, the Speaker appointed a temporary
    Sergeant-at-Arms pursuant to the statute (Feb. 28, 1980, pp. 4349-50);
    and the same occurred in the 102d Congress (Mar. 12, 1992, p. 5519).

    -- <>   (b) The symbol of the Office of the Sergeant-at-Arms shall
    be the mace, which shall be borne by the Sergeant-at-Arms while
    enforcing order on the floor.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 2 of rule IV (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted initially in 1789 (II, 1346). When former
    rule IV was rewritten entirely in the 104th Congress, the paragraph was
    restated without change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
    A gender-based reference was eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7). Extreme disorder arising on the
    floor, the Speaker directed the Sergeant-at-Arms to enforce order with
    the mace (VI, 258; VIII, 2530), but an attempt to enforce order without
    the mace has been questioned as illegitimate (II, 1347).

      (c) <> The Sergeant-at-Arms shall
    enforce strictly the rules relating to the privileges of the Hall of the
    House and be responsible to the House for the official conduct of
    employees of the Office of the Sergeant-at-Arms.
      (d) The Sergeant-at-Arms may not allow a person to enter the room over
    the Hall of the House during its sittings and, from 15 minutes before
    the hour of the meeting of the House each day until 10 minutes after
    adjournment, shall see that the floor is cleared of all persons except
    those privileged to remain.

    [[Page 371]]

      Before the House recodified its rules in the 106th Congress,
    paragraphs (c) and (d) were found in former clauses 3 and 4 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. 47). They were adopted initially in the
    104th Congress to transfer functions incident to the abolishment of the
    Office of the Doorkeeper (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
    Gender-based references were eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7). For the history of the Office of
    the Doorkeeper, see Sec. 663a, infra.

    -  (e) <> In addition to any other
    reports required by the Speaker or the Committee on House
    Administration, the Sergeant-at-Arms shall report to the Committee on
    House Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or on December 31 on the financial
    and operational status of each function under the jurisdiction of the
    Sergeant-at-Arms. Each report shall include financial statements and a
    description or explanation of current operations, the implementation of
    new policies and procedures, and future plans for each function.
      (f) The <> Sergeant-at-Arms
    shall fully cooperate with the appropriate offices and persons in the
    performance of reviews and audits of financial records and
    administrative operations.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (e) and (f) were found in former clauses 5 and 6 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. 47). They were adopted initially in the
    104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). A
    conforming change was effected at the beginning of the 106th Congress in
    the name of the Committee on House Administration (H. Res. 5, Jan. 6,
    1999, p. 47).

    Chief Administrative Officer
      4. <> (a) The Chief Administrative Officer shall
    have operational and financial responsibility for functions as as

    [[Page 372]]

    signed by the Committee on House Administration and shall be subject to
    the policy direction and oversight of the Committee on House
    Administration.-
      (b) <> In addition to any other
    reports required by the Committee on House Administration, the Chief
    Administrative Officer shall report to the Committee on House
    Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or December 31 on the financial and
    operational status of each function under the jurisdiction of the Chief
    Administrative Officer. Each report shall include financial statements
    and a description or explanation of current operations, the
    implementation of new policies and procedures, and future plans for each
    function.
      (c) <> The Chief
    Administrative Officer shall fully cooperate with the appropriate
    offices and persons in the performance of reviews and audits of
    financial records and administrative operations.

      Before the House recodified its rules in the 106th Congress, clause 4
    was found in former rule V (H. Res. 5, Jan. 6, 1999, p. 47). It was
    adopted initially in this form in the 104th Congress (sec. 201(c), H.
    Res. 6, Jan. 4, 1995, p. 463). It was amended in the 105th Congress to
    eliminate the supervisory role of the Speaker over the Chief
    Administrative Officer (H. Res. 5, Jan. 7, 1997, p. 121). A conforming
    change was effected at the beginning of the 106th Congress in the name
    of the Committee on House Administration (H. Res. 5, Jan. 6, 1999, p.
    47). Paragraph (a) was amended in the 107th Congress to reflect the
    removal of the requirement that the Committee on House Administration
    provide policy direction to the Chief Administrative Officer (sec. 2(g),
    H. Res. 5, Jan. 3, 2001, p. 25), but that change was reversed in the
    114th Congress (sec. 2(a)(3)(B), H. Res. 5, Jan. 6, 2015, p. _). The
    earlier form of the rule enumerated the duties of the Doorkeeper, which
    were transferred to the Sergeant-at-Arms incident to the abolishment of
    the Office of the Doorkeeper. The Chief Administrative

    [[Page 373]]

    Officer makes certain reports on receipts and expenditures (2 U.S.C.
    4108, 4109), which are available to the public. However, members of the
    public have no statutory or constitutional right to examine the actual
    financial records that are used in preparing such reports. Trimble v.
    Johnston, 173 F. Supp. 651 (D.C. Cir. 1959).
      Before <> the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463), rule V
    enumerated the duties of the Doorkeeper, who enforced the rules relating
    to the privileges of the Hall of the House. The earlier form of the rule
    was adopted in 1838 and amended in 1869, 1880 (I, 260), and 1890 (V,
    7295). By law the Doorkeeper was assigned certain administrative duties
    (I, 262), including certain housekeeping functions. Through employees
    and appointees, the Doorkeeper also discharged various duties not
    enumerated in the law or in the rules, such as announcing at the door of
    the Hall of the House all messengers from the President and the Senate
    (V, 6591). The Clerk having died, and the Sergeant-at-Arms having been
    absent, the Doorkeeper of the 79th Congress presided at the organization
    of the 80th Congress (Jan. 3, 1947, p. 33). In the 78th Congress, the
    House adopted a resolution on the death of the Doorkeeper and appointed
    a committee to attend his funeral (Jan. 28, 1943, pp. 421, 422).-
      The Chief <> Administrative Officer supplanted the Director of
    Non-legislative and Financial Services formerly provided for under
    clause 1 of rule VI in the 103d Congress, which corresponded to an
    erstwhile rule LII of the 102d Congress. Certain functions and entities
    formerly within the purview of elected officers were transferred to the
    Director of Non-legislative and Financial Services pursuant to the House
    Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p.
    9040), which also vested the Committee on House Administration with
    authority to prescribe regulations providing for the orderly transfer of
    such functions and entities and any other transfers necessary for the
    improvement of non-legislative and financial services in the House, so
    long as not transferring a function or entity within the jurisdiction of
    the committee under rule X. Pursuant to clause 1 of rule VI of the 103d
    Congress (then still designated as rule LII of the 102d Congress), the
    Speaker, the Majority Leader, and the Minority Leader jointly appointed
    the first Director of Non-legislative and Financial Services on October
    23, 1992 (Oct. 29, 1992, p. 34802).

    Chaplain
      5. The <> Chaplain shall offer a
    prayer at the commencement of each day's sitting of the House.

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former rule VII (H. Res. 5, Jan. 6, 1999, p. 47). It
    was adopted

    [[Page 374]]

    initially in 1880 (I, 272), but the sessions of the House were opened
    with prayer from the first, and the Chaplain was an officer of the House
    before the adoption of the rule (I, 273-282). The Chaplain takes the
    oath prescribed for the officers of the House (VI, 31; Feb. 1, 1950, p.
    1311). Prayer by the Chaplain is not business requiring the presence of
    a quorum and the Speaker declines to entertain a point of no quorum
    before prayer is offered (VI, 663; clause 7 of rule XX). There is no
    precedent for prayer to be offered by the Chaplain during a continuous
    session of the House, absent an adjournment or recess (compare Apr. 22
    and 23, 1985, pp. 8753 and 8959). Form of resignation of the Chaplain
    (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097; Mar. 23, 2000, p. 3480;
    May 25, 2011, pp. 7884, 7885). Form of resolution electing a Chaplain
    emeritus (VI, 31; Jan. 30, 1950, p. 1095; Nov. 10, 1999, p. 29493).
      During the 97th Congress, the Supreme Court held that employment of a
    chaplain for the legislative body of Nebraska did not violate the
    Establishment Clause of the first amendment to the Constitution. Marsh
    v. Chambers, 463 U.S. 783 (1983). The Court of Appeals cited the Marsh
    decision as controlling authority in a similar challenge to the House
    Chaplain. Murray v. Buchanan, 729 F.2d 689 (D.C. Cir. 1983). The House
    adopted a privileged resolution articulating its position in the Murray
    case (H. Res. 413, Mar. 30, 1982, p. 5890). During the 113th Congress,
    the Supreme Court held that the practice of opening a town board meeting
    with a prayer offered by a member of the clergy did not violate the
    Estalishment Clause in part because of the tradition long followed by
    Congress and state legislatures. Town of Greece v. Galloway, 572 U.S. _
    (2014).

    Office of Inspector General
      6. (a) <> There is established an
    Office of Inspector General.
      (b) The Inspector General shall be appointed for a Congress by the
    Speaker, the Majority Leader, and the Minority Leader, acting jointly.
      (c) Subject to the policy direction and oversight of the Committee on
    House Administration, the Inspector General shall only--
          (1) provide audit, investigative, and advisory services to the
    House and joint entities in a manner consistent with government-wide
    standards;

    [[Page 375]]

          (2) inform the officers or other officials who are the subject of
    an audit of the results of that audit and suggesting appropriate
    curative actions;
          (3) simultaneously notify the Speaker, the Majority Leader, the
    Minority Leader, and the chair and ranking minority member of the
    Committee on House Administration in the case of any financial
    irregularity discovered in the course of carrying out responsibilities
    under this clause;
          (4) simultaneously submit to the Speaker, the Majority Leader, the
    Minority Leader, and the chair and ranking minority member of the
    Committee on Appropriations and the Committee on House Administration a
    report of each audit conducted under this clause; and
          (5) report to the Committee on Ethics information involving
    possible violations by a Member, Delegate, Resident Commissioner,
    officer, or employee of the House of any rule of the House or of any law
    applicable to the performance of official duties or the discharge of
    official responsibilities that may require referral to the appropriate
    Federal or State authorities under clause 3(a)(3) of rule XI.

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former rule VI (H. Res. 5, Jan. 6, 1999, p. 47). It
    was adopted initially in this form at the beginning of the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). Later in the
    104th Congress and in the 106th Congress it was amended to effect a
    technical correction (H. Res. 254, Nov. 30, 1995, p. 35077; H. Res. 5,
    Jan. 6, 1999, p. 47). Its predecessor form was composed in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49) by combining two rules adopted
    in the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d
    Cong., Apr. 9, 1992, p. 9040). Paragraph

    [[Page 376]]

    (c)(1) was amended, and gender-based references were eliminated, in the
    111th Congress (secs. 2(a), 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
    Paragraph (c)(5) was amended in the 112th Congress to reflect a change
    in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80).
    Paragraph (c)(4) was amended in the 113th Congress to add the Committee
    on Appropriations (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _).
      In the form of the rule adopted in the 103d Congress, paragraph (a)
    (formerly clause 1) corresponded to an erstwhile rule LII of the 102d
    Congress (relating to the Director of Non-legislative and Financial
    Services, who in the 104th Congress was supplanted by the Chief
    Administrative Officer; see clause 4 of rule II, Sec. Sec. 661-663,
    supra), and paragraph (b) (formerly clause 2) corresponded to an
    erstwhile rule LIII of the 102d Congress (relating to the Inspector
    General). The 104th Congress rewrote clause 2 of rule VI (as it was
    composed in the 103d Congress) to occupy all of rule VI and to: broaden
    the auditing responsibilities beyond the offices of the elected officers
    (paragraph (c)(1), formerly clause 2(c)(1)); add requirements for
    simultaneous reporting (paragraphs (c)(3) and (4), formerly clauses
    2(c)(3) and (4)); delete a provision relating to classification of
    employees (formerly clause 2(d)); and add the responsibility to report
    certain information to the Committee on Ethics (paragraph (c)(5)) (sec.
    201, H. Res. 6, Jan. 4, 1995, p. 464). The 104th Congress also mandated
    that the Inspector General, in consultation with the Speaker and the
    Committee on House Administration, procure an independent and
    comprehensive audit of House financial records and administrative
    operations and report the results thereof in accord with this rule (sec.
    107, H. Res. 6, Jan. 4, 1995, p. 463).

      Until <> the 102d
    Congress, former rule VI provided for an Office of the Postmaster, which
    supervised the post offices of the House and the delivery of its mail.
    The earlier form of the rule was adopted in 1838 and amended in 1880 (I,
    270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and 1972 (H.
    Res. 1153, 92d Cong., pp. 36013-15). The Office of the Postmaster was
    abolished during the 102d Congress by the House Administrative Reform
    Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040).

    Office of the Historian
      7. <> There is established an Office of the
    Historian of the House of Representatives. The Speaker shall appoint and
    set the annual rate of pay for employees of the Office of the Historian.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 10 of rule I (H. Res. 5, Jan. 6,
    1999, p. 47).

    [[Page 377]]

    It was adopted initially in the 101st Congress (H. Res. 5, Jan. 3, 1989,
    p. 72). The second sentence was added in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47). An earlier form of this clause provided for the
    seven-year establishment of an Office for the Bicentennial to coordinate
    the commemoration of the 200th anniversary of the House of
    Representatives (H. Res. 621, 97th Cong., Dec. 17, 1982, p. 31951). The
    management, supervision, and administration of the office was under the
    direction of the Speaker and was staffed by a professional historian
    appointed by the Speaker on a nonpartisan basis. In 1984 the office was
    removed from the standing rules and established for the remainder of its
    existence by P.L. 98-367. Apart from the Office of the Historian, the
    History of the House Awareness and Preservation Act requires the
    Librarian of Congress to prepare a new and complete written history of
    the House in consultation with the Committee on House Administration (2
    U.S.C. 183). The Act also requires the Librarian to accept for deposit,
    preserve, maintain, and make accessible an oral history of the House as
    told by its Members and former Members (2 U.S.C. 183a).

    Office of General Counsel
      8. (a) <> There is established an Office
    of General Counsel for the purpose of providing legal assistance and
    representation to the House. Legal assistance and representation shall
    be provided without regard to political affiliation. The Speaker shall
    appoint and set the annual rate of pay for employees of the Office of
    General Counsel. The Office of General Counsel shall function pursuant
    to the direction of the Speaker, who shall consult with the Bipartisan
    Legal Advisory Group.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 11 of rule I (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted initially in the 103d Congress (H. Res. 5,
    Jan. 5, 1993, p. 49). The previous year, in the House Administrative
    Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040), the
    House had directed the Committee on House Administration to provide for
    an Office of General Counsel in a manner ensuring appropriate
    coordination with and participation by both the majority and minority
    leaderships in matters of representation and litigation. It was amended
    in the 114th Congress to move composition of the Bipartisan Legal
    Advisory Group to a new paragraph (b) (sec. 2(b), H. Res. 5, Jan. 6,
    2015, p. _).

    [[Page 378]]

      The General Counsel is authorized by law to appear in any proceeding
    before a State or Federal court (except the United States Supreme Court)
    without compliance with admission requirements of such court (2 U.S.C.
    5571(a)). Furthermore, the law requires the Attorney General to notify
    the General Counsel of a determination not to appeal a court decision
    affecting the constitutionality of an Act (2 U.S.C. 5571(b)). The House
    may authorize the General Counsel to represent the House or a committee
    or take other action in a judicial proceeding (Feb. 14, 2008, p. 2191;
    sec. 4(f), H. Res. 5, Jan. 6, 2009, p. 10; June 28, 2012, p. _; sec.
    4(a)(2), H. Res. 5, Jan. 3, 2013, p. _; July 30, 2014, p. _; secs.
    3(f)(1), 3(f)(2), H. Res. 5, Jan. 6, 2015, p. _)).

      (b) <> There is
    established a Bipartisan Legal Advisory Group composed of the Speaker
    and the majority and minority leaderships. Unless otherwise provided by
    the House, the Bipartisan Legal Advisory Group speaks for, and
    articulates the institutional position of, the House in all litigation
    matters.

      This paragraph was added in the 114th Congress to affirmatively
    establish the Bipartisan Legal Advisory Group, whose composition was
    previously included in what is now paragraph (a) (sec. 2(b), H. Res. 5,
    Jan. 6, 2015, p. _). The second sentence reflected a separate order of
    the House of the 113th Congress, which also authorized the Bipartisan
    Legal Advisory Group to continue certain civil actions begun in the
    previous Congress (sec. 4(a)(1), H. Res. 5, Jan. 3, 2013, p. _).

                                    Rule III

        the members, delegates, and resident commissioner of puerto rico

    Voting
      1. <> Every Member shall be present
    within the Hall of the House during its sittings, unless excused or
    necessarily prevented, and shall vote on each question put, unless
    having a direct personal or pecuniary interest in the event of such
    question.

    [[Page 379]]

      When the House recodified its rules, it consolidated former rule VIII,
    rule XII, and clause 6(h) of rule X under rule III, except that viable
    provisions of former clause 2 of rule VIII were transferred to current
    clause 3 of rule XX. This clause was adopted initially in 1789, with
    amendment in 1890 (V, 5941). A gender-based reference was eliminated in
    the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before
    the House recodified its rules in the 106th Congress, this clause was
    found in former clause 1 of rule VIII (H. Res. 5, Jan. 6, 1999, p. 47).
      Leaves of absence are presented pending the motion to adjourn (IV,
    3151), and are usually granted by unanimous consent, but sometimes are
    opposed or even refused (II, 1142-1145). Application for leave of
    absence is properly presented by filing with the Clerk the printed form
    to be secured at the desk rather than by oral request from the floor
    (VI, 199). Whether or not they are privileged is a matter of doubt (II,
    1146, 1147). Excuses for absence, as distinguished from leaves of
    absence, may be granted by less than a quorum (IV, 3000-3002). The
    statutes provide that deductions may be made from the salaries of
    Members who are absent without sufficient excuse (II, 1149, 1150); and
    although this law has been enforced (IV, 3011, footnote; VI, 30, 198),
    its general application is not practical under modern conditions. Form
    of resolution for the arrest of Members absent without leave (VI, 686).
      It <> has been found
    impracticable to enforce the provision requiring every Member to vote
    (V, 5942-5948), and such question, even if entertained, may not
    interrupt a pending record vote (V, 5947). The weight of authority also
    favors the idea that there is no authority in the House to deprive a
    Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967; VIII,
    3072). In one or two early instances the Speaker decided that because of
    personal interest, a Member should not vote (V, 5955, 5958); but on all
    other occasions and in the later practice the Speaker has held that the
    Member and not the Chair should determine this question (V, 5950, 5951;
    VIII, 3071; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill,
    Mar. 1, 1979, p. 3748; July 30, 1996, p. 19952; July 16, 2009, pp.
    18125, 18126), and the Speaker has denied the Speaker's own power to
    deprive a Member of the constitutional right to vote (V, 5956; Speaker
    Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill, Mar. 1, 1979, p. 3748).
      The House has at times excused Members from voting in cases of
    personal interest (III, 2294; V, 5962; Aug. 2, 1949, pp. 10591, 10592;
    Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p.
    11930; July 12, 1956, p. 12566).
      It <> is a
    principle of ``immemorial observance'' that a Member should withdraw
    when a question concerning that Member arises (V, 5949); but it has been
    held that the disqualifying interest must be such as affects the Member
    directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952;
    VIII, 3071, 3072; Speaker Bankhead, May 31, 1939, p. 6359; Speaker Al

    [[Page 380]]

    bert, Dec. 2, 1975, p. 38135). In a case in which question affected the
    titles of several Members to their seats, each refrained from voting in
    his own case, but did vote on the identical cases of his associates (V,
    5957, 5958). A Member should not vote on direct questions affecting that
    Member, but has sometimes voted on incidental questions (V, 5960, 5961).

      2. <> (a) A Member may not authorize any
    other person to cast the vote of such Member or record the presence of
    such Member in the House or the Committee of the Whole House on the
    state of the Union.
      (b) No other person may cast a Member's vote or record a Member's
    presence in the House or the Committee of the Whole House on the state
    of the Union.

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former clause 3 of rule VIII (H. Res. 5, Jan. 6,
    1999, p. 47). Gender-based references were eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The Committee on
    Standards of Official Conduct (now Ethics) recommended this addition to
    the rules in its May 15, 1980, report on voting anomalies that had
    occurred in the House (H. Rept. 96-991), and the House adopted the rule
    in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113). Even before
    the addition of this clause, however, ``ghost voting'' was considered
    unethical (VII, 1014; Dec. 18, 1987, p. 36274).

    Delegates and the Resident Commissioner
      3. <> (a) Each Delegate and the
    Resident Commissioner shall be elected to serve on standing committees
    in the same manner as Members and shall possess in such committees the
    same powers and privileges as the other members of the committee.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XII (H. Res. 5, Jan. 6, 1999, p. 47).
    The first form of paragraph (a) was adopted in 1871, and it was
    perfected by amendments in 1876, 1880, 1887, and 1892 (II, 1297).
    Reference to the Resident Commissioner was first found in 1904 (II,
    1306). Paragraph (a) was again amended on January 2, 1947 (Legislative
    Reorganization Act of 1946), August 2, 1949 (p. 10618), February 2, 1951
    (p. 883), January 22, 1971 (H.

    [[Page 381]]

    Res. 5, 92d Cong., p. 144), January 3, 1973 (H. Res. 6, 93d Cong., p.
    26), January 3, 1991 (H. Res. 5, 102d Cong., p. 39), and January 5, 2011
    (H. Res. 5, 112th Cong., p. _) (technical correction). Paragraph (a) was
    completely revised in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49)
    to provide that each of the Delegates and the Resident Commissioner be
    elected to committees of the House on the same bases, vote in any
    committees on which they serve, and vote on questions arising in the
    Committee of the Whole House on the state of the Union. The latter power
    was affected by former clause 2(d) of rule XXIII (later changed to
    clause 6(h) of rule XVIII) (providing for immediate reconsideration in
    the House of questions resolved in the Committee of the Whole by a
    margin within which the votes of Delegates and the Resident Commissioner
    were decisive; see Sec. 985, infra). The changes effected in the 103d
    Congress were revoked in the 104th Congress (sec. 212, H. Res. 6, Jan.
    4, 1995, p. 462), reinstated in the 110th Congress (H. Res. 78, Jan. 24,
    2007, p. 2140), and revoked in the 112th Congress (sec. 2(e)(4), H. Res.
    5, Jan. 5, 2011, p. 80). Under the previous form of paragraph (a), the
    Delegates and the Resident Commissioner were counted for purposes of
    establishing a quorum in a Committee of the Whole (Feb. 8, 2007, p.
    3550).
      The constitutionality of granting to Delegates the right to vote in
    the Committee of the Whole under the former rule, as circumscribed by
    former clause 2(d) of rule XXIII (later changed to clause 6(h) of rule
    XVIII), was upheld based on the premise that immediate ``revote'' where
    votes cast by Delegates had been decisive rendered their votes merely
    symbolic and not an investment of true legislative power. Michel v.
    Anderson, 14 F.3d 623 (D.C. Cir. 1994).
      The Office of Delegate was established by ordinance of the Continental
    Congress and confirmed by a law of Congress (I, 400, 421). The nature of
    the office has been the subject of much discussion (I, 400, 403, 473);
    and except as provided by law (I, 431, 526) the qualifications of the
    Delegate also have been a matter of discussion (I, 421, 423, 469, 470,
    473). A territory or district must be organized by law before the House
    will admit a Delegate (I, 405, 407, 411, 412). The Office of Delegate
    from the District of Columbia was established by Public Law 91-405 (84
    Stat. 845). The Offices of Delegate from the Territories of Guam and the
    Virgin Islands were established by Public Law 92-271 (86 Stat. 118). The
    Office of Delegate from American Samoa was established by Public Law 95-
    556 (92 Stat. 2078) and was first filled by the general Federal election
    of 1980. The Office of Delegate from the Commonwealth of the Northern
    Mariana Islands was established by Public Law 110-229 (122 Stat. 868).
    The Office of Resident Commissioner was established (with a four-year
    term) by the Act of March 2, 1917 (39 Stat. 963; 48 U.S.C. 891). The Act
    of May 17, 1932, changed the name of Porto Rico to Puerto Rico (48
    U.S.C. 731a).
      Under an earlier practice, Delegates did not vote in committee (VI,
    243); but this had not always been so (II, 1301). The Resident
    Commissioner, who under the rules of the 91st and earlier Congresses,
    was designated

    [[Page 382]]

    as an additional member of the Committees on Agriculture, Armed
    Services, and Interior and Insular Affairs, is now elected to committees
    in the same fashion as are other Members.
      The law provides that on the floor of the House a Delegate may debate
    (II, 1290), and may in debate call a Member to order (II, 1295), may
    make any motion that a Member may make except the motion to reconsider
    (II, 1291, 1292), and may make a point of order (VI, 240). A Delegate
    has even moved an impeachment (II, 1303). However, a resolution offered
    from the floor to permit the Delegate of the District of Columbia to
    vote on the articles of impeachment against the President was held not
    to constitute a question of the privileges of the House under rule IX
    (Dec. 18, 1998, p. 27825). A Delegate may be appointed a teller (II,
    1302); but the law forbids a Delegate to vote (II, 1290). A Delegate has
    been recognized to object to the consideration of a bill (VI, 241), to a
    unanimous-consent request to concur in a Senate amendment (June 29,
    1984, p. 20267), and has made reports for committees (July 1, 1958, p.
    12870). A discharge petition may not be signed by a Delegate or the
    Resident Commissioner, even by unanimous consent (Oct. 1, 2003, p.
    23853) because the phrase in clause 2 of rule XV ``a majority of the
    total membership of the House'' is construed to mean 218 Members
    (Speaker Byrns, Apr. 15, 1936, p. 5509), not including Delegates or the
    Resident Commissioner. The rights and prerogatives of Delegates in
    parliamentary matters are not limited to legislation affecting their own
    territory (VI, 240).
      At the organization of the House, the Delegates and Resident
    Commissioner are sworn (I, 400, 401); but the Clerk does not put them on
    the roll (I, 61, 62; Jan. 6, 1999, p. 41).
      A Delegate resigns in a communication addressed to the Speaker (II,
    1304). A Delegate may be arrested and censured for disorderly conduct
    (II, 1305), but there has been disagreement as to whether expulsion is
    by a majority or two-thirds vote (I, 469).
      The privileges of the floor with the right to debate were extended to
    Resident Commissioners in the 60th Congress (VI, 244). Before the
    independence of the Philippines it was represented in the House by a
    Resident Commissioner (Deschler, ch. 7, Sec. 3.3).

       <> (b) The Delegates and the Resident Commissioner may be
    appointed to any select committee and to any conference committee.

      Before the House recodified its rules in the 106th Congress, paragraph
    (b) was found in former clause 6(h) of rule X (H. Res. 5, Jan. 6, 1999,
    p. 47). Paragraph (b), effective January 3, 1975, initially authorized
    the appointment of Delegates and the Resident Commissioner to certain
    conferences (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph
    (b) was amended in the 96th Congress to authorize their appointment to
    select

    [[Page 383]]

    committees (H. Res. 5, Jan. 15, 1979, pp. 7-16), and again in the 103d
    Congress to authorize their appointment to any conference (H. Res. 5,
    Jan. 5, 1993, p. 49).
      Before the adoption and refinement of this paragraph, a Delegate or
    the Resident Commissioner could not be appointed to a conference
    committee (Sept. 18, 1973, p. 30144; July 20, 1973, p. 25201); and they
    could be appointed to a select committee only with the permission of the
    House (Sept. 21, 1976, p. 31673).

     end segment .005  deg. segment .006 -- rule IV
    through rule IX  deg.

                                     Rule IV

                              the hall of the house

    Use and admittance
      1. The Hall <> of the House
    shall be used only for the legislative business of the House and for
    caucus and conference meetings of its Members, except when the House
    agrees to take part in any ceremonies to be observed therein.

      When the House recodified its rules in the 106th Congress, it
    consolidated former rules XXXI, XXXII, and XXXIII under rule IV, and
    clause 1 was found in former rule XXXI (H. Res. 5, Jan. 6, 1999, p. 47).
    Rules relating to the use of the Hall were adopted as early as 1804. The
    present form of this clause dates from 1880 (V, 7270). It was renumbered
    January 3, 1953 (p. 24). A technical amendment to this clause, in
    conjunction with one to clause 2(b), was effected in the 112th Congress
    (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. 80). The Speaker has announced
    standards for use of the Chamber when the House is not in session
    (Speaker Pelosi, Jan. 6, 2009, p. 25; Speaker Boehner, Jan. 5, 2011,
    106; Speaker Boehner, Jan. 3, 2013, _; Speaker Boehner, Jan. 6, 2015, p.
    _).

      2. <> (a) Only the following persons shall be
    admitted to the Hall of the House or rooms leading thereto:
          (1) Members of Congress, Members-elect, and contestants in
    election cases during the pendency of their cases on the floor.

    [[Page 384]]

          (2) The Delegates and the Resident Commissioner.
          (3) The President and Vice President of the United States and
    their private secretaries.
          (4) Justices of the Supreme Court.
          (5) Elected officers and minority employees nominated as elected
    officers of the House.
          (6) The Parliamentarian.
          (7) Staff of committees when business from their committee is
    under consideration, and staff of the respective party leaderships when
    so assigned with the approval of the Speaker.
          (8) Not more than one person from the staff of a Member, Delegate,
    or Resident Commissioner when that Member, Delegate, or Resident
    Commissioner has an amendment under consideration (subject to clause 5).
          (9) The Architect of the Capitol.
          (10) The Librarian of Congress and the assistant in charge of the
    Law Library.
          (11) The Secretary and Sergeant-at-Arms of the Senate.
          (12) Heads of departments.
          (13) Foreign ministers.
          (14) Governors of States.
          (15) Former Members, Delegates, and Resident Commissioners; former
    Parliamentarians of the House; and former elected officers and minority
    employees nominated as elected officers of the House (subject to clause
    4).
          (16) One attorney to accompany a Member, Delegate, or Resident
    Commissioner who is the respondent in an investigation undertaken

    [[Page 385]]

    by the Committee on Ethics when a recommendation of that committee is
    under consideration in the House.
          (17) Such persons as have, by name, received the thanks of
    Congress.
      (b) The Speaker may not entertain a unanimous consent request or a
    motion to suspend this clause or clauses 1, 3, 4, or 5.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. 47). It was subjected to many changes from 1802 until 1880 (V,
    7283; VIII, 3634) and was renumbered in the 83d Congress (Jan. 3, 1953,
    p. 24). The rule was amended in the 92d Congress to include the Delegate
    from the District of Columbia among those having the privilege of the
    floor (H. Res. 5, Jan. 22, 1971, p. 144), and later in that Congress was
    revised to grant all Delegates the privilege (H. Res. 1153, Oct. 13,
    1972, pp. 36021-23). The latter revision was necessary because of the
    enactment of Public Law 92-271, which created the positions of Delegate
    from Guam and Delegate from the Virgin Islands. Officers and elected
    employees, both present and former, were given floor privileges by the
    adoption of this same resolution (H. Res. 1153, Oct. 13, 1972, p. 36013)
    but had in fact, by custom, been permitted on the floor before this
    change. This clause was substantially amended in the 94th Congress (H.
    Res. 1435, Oct. 1, 1976, pp. 35175-80) and was amended by the Ethics
    Reform Act of 1989 to permit floor privileges for one attorney for a
    Member-respondent during consideration of a disciplinary resolution
    (P.L. 101-194, Nov. 30, 1989). Clause 2(a)(7) was amended in the 108th
    Congress to extend floor privileges to party leadership staff when so
    assigned with the approval of the Speaker (sec. 2(d), H. Res. 5, Jan. 7,
    2003, p. 7). This amendment codified current practice, including the
    Speaker's ultimate control over such assignments. In the 112th Congress,
    paragraph (a)(16) was amended to reflect a change in committee name and
    paragraph (b) was amended to clarify the breadth of the restriction on
    suspending various prohibitions of rule IV, which had been
    unintentionally narrowed by recodification in the 106th Congress (secs.
    2(e)(8), 2(f)(2), H. Res. 5, Jan. 5, 2011, p. 80).
      The portion of this clause that permits clerks of committees access to
    the floor during the consideration of business from their committees has
    been interpreted by the Speaker to allow four professional staff members
    and one clerk on the floor at one time (Speaker Albert, June 8, 1972, p.
    20318; Speaker O'Neill, Jan. 26, 1977, p. 2333). The Legislative
    Reorganization Act of 1970, section 503(3) (84 Stat. 1140, 1202; 2
    U.S.C. 281b(3)), also allows two staff members of the Legislative
    Counsel access to the floor to assist the committee.

    [[Page 386]]

      The portion of the clause forbidding the Speaker to entertain requests
    for suspension of certain clauses applies also to the chair of the
    Committee of the Whole (V, 7285) but the House may grant specific access
    by resolution (e.g., July 26, 2010, p. 13938). ``Heads of departments''
    means members of the President's Cabinet, and not subordinate executive
    officers, and ``foreign ministers'' means ministers from foreign
    governments only. ``Governors of States'' does not include governors of
    territories (V, 7283; VIII, 3634).
      An alleged violation of the rule relating to admission to the floor
    presents a question of privilege (III, 2624, 2625; VI, 579), but not a
    higher question of privilege than an election case (III, 2626). In one
    case in which a former Member was abusing the privilege, he was excluded
    by direction of the Speaker (V, 7288), but in another case the Speaker
    declared it a matter for the House and not the Chair to consider (V,
    7286). In one case an alleged abuse was inquired into by a select
    committee (V, 7287). See Sec. 680, infra, for the rule constraining
    conduct of former Members, Delegates, the Resident Commissioner,
    officers, and staff while on the floor. The Speaker announced an
    intention to strictly enforce the rule to prevent a proliferation of
    committee and other staff on the floor (Aug. 22, 1974, p. 30027; Jan.
    19, 1981, p. 402; Jan. 25, 1983, p. 224). The Speaker announced that
    committee staff would be required to display staff badges on the floor
    in exchange for identification cards before admission to the floor
    (Speaker O'Neill, Jan. 21, 1986, p. 5; Jan. 5, 1993, p. 105). It is not
    in order to refer to persons on the floor of the House as guests of the
    House, such as Members' children (Apr. 28, 1994, p. 8783; Dec. 19, 1995,
    p. 37575; Jan. 22, 1996, p. 682; Apr. 30, 1998, p. 7320; June 17, 2004,
    p. 12847; Aug. 1, 2011, p. 12698), other children (May 18, 1995, p.
    13490; Oct. 7, 1999, p. 24425; Apr. 25, 2013, p. _), or Senators
    exercising floor privileges (May 18, 1995, p. 13491).

      3. (a) <> Except as provided in paragraph (b), all persons not entitled
    to the privilege of the floor during the session shall be excluded at
    all times from the Hall of the House and the cloakrooms.
      (b) Until 15 minutes of the hour of the meeting of the House, persons
    employed in its service, accredited members of the press entitled to
    admission to the press gallery, and other persons on request of a
    Member, Delegate, or Resident Commissioner by card or in writing, may be
    admitted to the Hall of the House.

    [[Page 387]]

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted initially in 1902 (V, 7346).

      4. <> (a) A former
    Member, Delegate, or Resident Commissioner; a former Parliamentarian of
    the House; or a former elected officer of the House or former minority
    employee nominated as an elected officer of the House shall not be
    entitled to the privilege of admission to the Hall of the House and
    rooms leading thereto if such individual--
          (1) is a registered lobbyist or agent of a foreign principal as
    those terms are defined in clause 5 of rule XXV;
          (2) has any direct personal or pecuniary interest in any
    legislative measure pending before the House or reported by a committee;
    or
          (3) is in the employ of or represents any party or organization
    for the purpose of influencing, directly or indirectly, the passage,
    defeat, or amendment of any legislative proposal.
      (b) The Speaker may promulgate regulations to carry out this rule
    including regulations that exempt ceremonial or educational functions
    from the restrictions of this clause.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted initially in the 94th Congress (H. Res.
    1435, Oct. 1, 1976, pp. 35175-80) to consolidate in one place and to
    clarify the restrictions on admittance to the floor of former Members,
    officers, and employees and to give the Speaker the power to promulgate
    regulations to enforce the rule. The form of the rule adopted during the
    109th Congress established plainer proscriptions with respect to
    registered lobbyists, agents of foreign principals, and persons with
    similar representational roles and specified particular exercises of
    regulatory authority by the Speaker (H. Res. 648, Feb. 1, 2006, p. 540).
    The 111th Congress clarified the authority of the Speaker over the
    entire rule and not merely the exemptions specified

    [[Page 388]]

    in paragraph (b), and eliminated a gender-based reference (secs. 2(l), 2
    (m), H. Res. 5, Jan. 6, 2009, pp. 7, 9).
      As early as 1945 the Chair held that former Members do not have the
    privilege of the floor when they are personally interested in
    legislation (Speaker Rayburn, Oct. 2, 1945, p. 9251). Pursuant to the
    authority granted by this clause, Speakers have issued regulations from
    time to time (Speaker O'Neill, Jan. 6, 1977, p. 321; Speaker Foley, June
    9, 1994, p. 12387; Speaker Gingrich, May 24, 1995, p. 14300; Speaker
    Gingrich, Aug. 1, 1996, p. 21031; Speaker Hastert, Feb. 1, 2006, p. 644;
    Speaker Pelosi, Jan. 5, 2007, p. 273).
      A former Member has not been entitled to the privileges of the floor
    under this clause if (1) having a direct personal or pecuniary interest
    in legislation under consideration in the House or reported by any
    committee, or (2) representing any party or organization for the purpose
    of influencing the disposition of legislation pending before the House,
    reported by any committee or under consideration in any committee or
    subcommittee (June 7, 1978, p. 16625). The essence of the rule has been
    the former Member's status as one with a personal or pecuniary interest
    and not whether the former Member may have a present intent to lobby
    (Speaker Foley, June 9, 1994, p. 12387). Even before the adoption of a
    more categorical form of the rule during the 109th Congress, intent to
    lobby was assumed if a former Member was employed or retained as a
    lobbyist to influence legislative measures as described in (2) above
    (Aug. 1, 1996, p. 21031). The Speaker has emphasized that the rule
    applies not only to the floor but also to ``rooms leading thereto,'' and
    has construed the latter phrase to include, for example, the Speaker's
    Lobby and the cloakrooms (Speaker Gingrich, May 24, 1995, p. 14300; Aug.
    1, 1996, p. 21031) and the Rayburn Room (Feb. 1, 2006, p. 541).
      A former Member must observe the rules of proper decorum while on the
    floor, and the Chair may direct the Sergeant-at-Arms to assist the Chair
    in maintaining such decorum (Sept. 17, 1997, pp. 19026, 19027). A former
    Member may not manifest approval or disapproval of the proceedings
    (VIII, 3635). In the 105th Congress the House adopted a resolution
    offered as a question of the privileges of the House alleging indecorous
    behavior of a former Member and instructing the Sergeant-at-Arms to ban
    the former Member from the floor, and rooms leading thereto, until the
    resolution of a contested election to which he was party (H. Res. 233,
    Sept. 18, 1997, p. 19340).

      5. A person <> from the staff of a
    Member, Delegate, or Resident Commissioner may be admitted to the Hall
    of the House or rooms leading thereto under clause 2 only upon prior
    notice to the Speaker. Such persons, and persons from the staff of
    committees

    [[Page 389]]

    admitted under clause 2, may not engage in efforts in the Hall of the
    House or rooms leading thereto to influence Members with regard to the
    legislation being amended. Such persons shall remain at the desk and are
    admitted only to advise the Member, Delegate, Resident Commissioner, or
    committee responsible for their admission. A person who violates this
    clause may be excluded during the session from the Hall of the House and
    rooms leading thereto by the Speaker.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 4 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. 47). This clause was added initially in the 95th Congress (H.
    Res. 5, Jan. 4, 1977, pp. 53-70) to extend the privilege of the floor to
    one person from the staff of a Member having an amendment under
    consideration but not of a measure's sponsor or during special-order
    speeches. The Speaker promulgated regulations for the implementation of
    this clause on January 26, 1977 (p. 2333). In the 97th Congress the
    Speaker announced that personal staff of Members did not have the
    privilege of the floor and that committee staff, permitted on the floor
    when business from their committees is under consideration, were
    required to remain unobtrusively by the committee tables (Aug. 18, 1982,
    p. 21934). Staff permitted on the floor under this clause are not
    permitted to distribute literature or otherwise attempt to influence
    Members in their votes (Aug. 1, 1990, p. 21519; Sept. 27, 1995, p.
    26567) and may not applaud during debate (June 14, 1995, p. 15896).

    Gallery
      6. (a) <> The Speaker shall set aside a portion of the west gallery for
    the use of the President, the members of the Cabinet, justices of the
    Supreme Court, foreign ministers and suites, and the members of their
    respective families. The Speaker shall set aside another portion of the
    same gallery for the accommodation of persons to be admitted on

    [[Page 390]]

    the cards of Members, Delegates, or the Resident Commissioner.
      (b) The Speaker shall set aside the southerly half of the east gallery
    for the use of the families of Members of Congress. The Speaker shall
    control one bench. On the request of a Member, Delegate, Resident
    Commissioner, or Senator, the Speaker shall issue a card of admission to
    the family of such individual, which may include their visitors. No
    other person shall be admitted to this section.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXXIII (H. Res. 5, Jan. 6, 1999, p.
    47). It was adopted initially in 1880 (V, 7302) and renumbered January
    3, 1953 (p. 24). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
      On special occasions the House sometimes makes a special rule for
    admission to the galleries (V, 7303), as on the occasion of the
    electoral count (III, 1961), of an address by the President, and of
    public funerals.

    Prohibition on campaign contributions
      7. A <> Member, Delegate, Resident Commissioner, officer, or
    employee of the House, or any other person entitled to admission to the
    Hall of the House or rooms leading thereto by this rule, may not
    knowingly distribute a political campaign contribution in the Hall of
    the House or rooms leading thereto.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 5 of rule XXXIII (H. Res. 5, Jan.
    6, 1999, p. 47). It was adopted initially in the 105th Congress (H. Res.
    5, Jan. 7, 1997, p. 121).

    [[Page 391]]

                                     Rule V

                             broadcasting the house

      1. <> The Speaker
    shall administer, direct, and control a system for closed-circuit
    viewing of floor proceedings of the House in the offices of all Members,
    Delegates, the Resident Commissioner, and committees and in such other
    places in the Capitol and the House Office Buildings as the Speaker
    considers appropriate. Such system may include other communications
    functions as the Speaker considers appropriate. Any such communications
    shall be subject to rules and regulations issued by the Speaker.
      2. (a) The Speaker shall administer, direct, and control a system for
    complete and unedited audio and visual broadcasting and recording of the
    floor proceedings of the House. The Speaker shall provide for the
    distribution of such broadcasts and recordings to news media, for the
    storage of audio and video recordings of the proceedings, and for the
    closed-captioning of the proceedings for hearing-impaired persons.
      (b) All television and radio broadcasting stations, networks,
    services, and systems (including cable systems) that are accredited to
    the House Radio and Television Correspondents' Galleries, and all radio
    and television correspondents who are so accredited, shall be provided
    access to the live coverage of the House.
      (c) Coverage made available under this clause, including any recording
    thereof--

    [[Page 392]]

          (1) may not be used for any partisan political campaign purpose;
          (2) may not be used in any commercial advertisement; and
          (3) may not be broadcast with commercial sponsorship except as
    part of a bona fide news program or public affairs documentary program.
      3. The Speaker may delegate any of the responsibilities under this
    rule to such legislative entity as the Speaker considers appropriate.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 9 of rule I (H. Res. 5, Jan. 6,
    1999, p. 47). It was adopted in the 96th Congress (H. Res. 5, Jan. 15,
    1979, p. 7). Gender-based references were eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The requirement
    that televised broadcasts of proceedings of the House be closed
    captioned for hearing-impaired individuals was added in the 101st
    Congress (H. Res. 5, Jan. 3, 1989, p. 72). The authority of the Speaker
    to make rules governing telecommunications functions within the House
    was added in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39) and
    broadened to all communications functions in the 113th Congress, along
    with a clarification that clause 2(a) applies to proceedings on the
    floor, and a clarification in clause 2(c)(1) of the restrictions on use
    of coverage (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _).
      In the 95th Congress the House considered as a question of the
    privileges of the House and adopted a resolution directing the Committee
    on Rules to investigate the impact on the safety, dignity, and integrity
    of House proceedings, of a test authorized by the Speaker under the
    Speaker's general control over the Hall of the House for the audiovisual
    broadcast of House proceedings within the Capitol and House Office
    Buildings (H. Res. 404, Mar. 15, 1977, p. 7608). The resolution directed
    the Committee on Rules to report to the House at the earliest
    practicable date its findings and recommendations, including whether
    such coverage should be made available to the public. The committee
    reported and the House adopted another resolution that: (1) authorized
    the Speaker to establish a closed-circuit system for in-House
    broadcasting of House proceedings; (2) directed the Committee on Rules
    to study methods for providing complete audio and visual broadcasting of
    House proceedings and to report to the House thereon; and (3) directed
    the Speaker after receipt of the committee's report to establish a
    system subject to his direction and control for audio and visual
    broadcast and recording of House proceedings and to provide for
    distribution and access to the news media (H. Res. 866, Oct. 27, 1977,

    [[Page 393]]

    pp. 35425-37). The Speaker, after receipt of that report (H. Rept. 95-
    881, Feb. 15, 1978), directed implementation of full audio coverage,
    with distribution to the media, on June 8, 1978 (p. 16746). Public Law
    95-391 (Legislative Branch Appropriations Act, 1979) contained the
    following proviso: ``No funds in this bill may be used to implement a
    system for televising and broadcasting the proceedings of the House
    pursuant to House Resolution 866, Ninety-Fifth Congress, under which the
    TV cameras in the Chamber purchased by the House are controlled and
    operated by persons not in the employ of the House.''
      Pursuant to this rule, the Speaker directed the Clerk in the 98th
    Congress to immediately implement periodic wide-angle television
    coverage of all ``special-order'' speeches at the end of legislative
    business (with captions at the bottom of the screen indicating that
    legislative business has been completed) (May 10, 1984, p. 11894) but
    not during ``interim'' special orders (Dec. 19, 1985, p. 38106).
    However, in the 103d and 104th Congresses, the Speaker prohibited wide-
    angle coverage but continued the caption at the bottom of the screen not
    only during special-order speeches but also during morning-hour debate
    (Speaker Foley, Feb. 11, 1994, p. 2244; Speaker Gingrich, Jan. 4, 1995,
    p. 551). In the 99th Congress, the House adopted a resolution, raised as
    a question of the privileges of the House, authorizing and directing the
    Speaker to provide for the audio and visual broadcast coverage of the
    Chamber while Members are voting (H. Res. 150, Apr. 30, 1985, p. 9821).
    Although paragraph (a) requires complete and unedited broadcast coverage
    of House proceedings, the House held (by tabling an appeal of a ruling
    of the Chair) that it does not require in-House microphone amplification
    of disorderly conduct by a Member following expiration of recognition
    for debate (Mar. 16, 1988, p. 4081).

                                     Rule VI

                   official reporters and news media galleries

    Official reporters
      1. <> Subject to the direction and control of the Speaker,
    the Clerk shall appoint, and may remove for cause, the official
    reporters of the House, including stenographers of committees, and shall
    supervise the execution of their duties.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXXIV (H. Res. 5, Jan. 6,
    1999, p. 47). From 1874 until March 1, 1978, the appointment and removal
    of the official reporters, and the manner of the execution of their
    duties, was

    [[Page 394]]

    vested in the Speaker (V, 6958); effective March 1, 1978 (H. Res. 959,
    Jan. 23, 1978, p. 431) those responsibilities were vested in the Clerk,
    subject to the direction and control of the Speaker.
      The reporters of debates have played an important role in the
    evolution of the system by which the House compiles a daily verbatim
    report of its proceedings, made by its own corps of reporters (V, 6959).
    Since these reporters have become officers of the House a correction of
    the Congressional Record has been held a question of privilege (V, 7014-
    7016). The House has directed the Clerk to provide a copy of the audio
    backup file of a committee deposition made by the reporters to the
    prosecuting attorney in a criminal proceeding (Feb. 17, 2012, p. _).
      The <> arrangement, style, etc., of the Congressional Record is
    prescribed by the Joint Committee on Printing pursuant to 44 U.S.C. 901,
    904 (see also VIII, 3500). The rules of the Joint Committee on Printing
    governing publication of the Congressional Record are as follows:

      1. Arrangement of the daily Congressional Record.--The Director of the
    Government Publishing Office shall arrange the contents of the daily
    Congressional Record as follows: The Senate proceedings shall alternate
    with the House proceedings in order of placement in consecutive issues
    insofar as such an arrangement is feasible, and Extensions of Remarks
    and Daily Digest shall follow: Provided, That the makeup of the
    Congressional Record shall proceed without regard to alternation
    whenever the Director of the Government Publishing Office deems it
    necessary in order to meet production and delivery schedules.
      2. Type and style.--The Director of the Government Publishing Office
    shall print the report of the proceedings and debates of the Senate and
    House of Representatives, as furnished by the official reporters of the
    Congressional Record, in 8-point type; and all matter included in the
    remarks or speeches of Members of Congress, other than their own words,
    and all reports, documents, and other matter authorized to be inserted
    in the Congressional Record shall be printed in 7-point type; and all
    roll calls shall be printed in 6-point type. No italic or black type nor
    words in capitals or small capitals shall be used for emphasis or
    prominence; nor will unusual indentions be permitted. These restrictions
    do not apply to the printing of or quotations from historical, official,
    or legal documents or papers of which a literal reproduction is
    necessary.
      3. Only as an aid in distinguishing the manner of delivery in order to
    contribute to the historical accuracy of the Record, statements or
    insertions in the Record where no part of them was spoken will be
    preceded and followed by a ``bullet'' symbol, i.e.,  (now
    applicable only in Senate).
      4. Return of manuscript.--When manuscript is submitted to Members for
    revision it should be returned to the Government Publishing Office not
    later than 9 o'clock p.m. in order to insure publication in the
    Congressional Record issued on the following morning; and if all of the
    manuscript is not furnished at the time specified, the Director of the
    Government Pub

    [[Page 395]]

    lishing Office is authorized to withhold it from the Congressional
    Record for 1 day. In no case will a speech be printed in the
    Congressional Record of the day of its delivery if the manuscript is
    furnished later than 12 o'clock midnight.
      5. Tabular matter.--The manuscript of speeches containing tabular
    statements to be published in the Congressional Record shall be in the
    hands of the Director of the Government Publishing Office not later than
    7 o'clock p.m. to insure publication the following morning. When
    possible, manuscript copy for tabular matter should be sent to the
    Government Publishing Office 2 or more days in advance of the date of
    publication in the Congressional Record. Proof will be furnished
    promptly to the Member of Congress to be submitted by him instead of
    manuscript copy when he offers it for publication in the Congressional
    Record.
      6. Proof furnished.--Proofs or ``leave to print'' and advance speeches
    will not be furnished the day the manuscript is received but will be
    submitted the following day, whenever possible to do so without causing
    delay in the publication of the regular proceedings of Congress. Advance
    speeches shall be set in the Congressional Record style of type, and not
    more than six sets of proofs may be furnished to Members without charge.
      7. Notation of withheld remarks.--If manuscript or proofs have not
    been returned in time for publication in the proceedings, the Director
    of the Government Publishing Office will insert the words ``Mr. __
    addressed the Senate (House or Committee). His remarks will appear
    hereafter in Extensions of Remarks'' and proceed with the printing of
    the Congressional Record.
      8. Thirty-day limit.--The Director of the Government Publishing Office
    shall not publish in the Congressional Record any speech or extension of
    remarks which has been withheld for a period exceeding 30 calendar days
    from the date when its printing was authorized: Provided, That at the
    expiration of each session of Congress the time limit herein fixed shall
    be 10 days, unless otherwise ordered by the committee.
      9. Corrections.--The permanent Congressional Record is made up for
    printing and binding 30 days after each daily publication is issued;
    therefore all corrections must be sent to the Director of the Government
    Publishing Office within that time: Provided, That upon the final
    adjournment of each session of Congress the time limit shall be 10 days,
    unless otherwise ordered by the committee: Provided further, That no
    Member of Congress shall be entitled to make more than one revision. Any
    revision shall consist only of corrections of the original copy and
    shall not include deletions of correct material, substitutions for
    correct material, or additions of new subject matter.
      10. The Director of the Government Publishing Office shall not publish
    in the Congressional Record the full report or print of any committee or
    subcommittee when the report or print has been previously printed. This
    rule shall not be construed to apply to conference reports. However,
    inasmuch as rule XXII (Sec. 1082, infra) provides that conference
    reports be print

    [[Page 396]]

    ed in the daily edition of the Congressional Record, they shall not be
    printed therein a second time.
      11. Makeup of the Extensions of Remarks.--Extensions of Remarks in the
    Congressional Record shall be made up by successively taking first an
    extension from the copy submitted by the official reporters of one House
    and then an extension from the copy of the other House, so that Senate
    and House extensions appear alternately as far as possible. The sequence
    for each House shall follow as closely as possible the order or
    arrangement in which the copy comes from the official reporters of the
    respective Houses.
      The official reporters of each House shall designate and distinctly
    mark the lead item among their extensions. When both Houses are in
    session and submit extensions, the lead item shall be changed from one
    House to the other in alternate issues, with the indicated lead item of
    the other House appearing in second place. When only one House is in
    session, the lead item shall be an extension submitted by a Member of
    the House in session. This rule shall not apply to Congressional Records
    printed after the sine die adjournment of the Congress.
      12. Official reporters.--The official reporters of each House shall
    indicate on the manuscript and prepare headings for all matter to be
    printed in Extensions of Remarks and shall make suitable reference
    thereto at the proper place in the proceedings.
      13. Two-page rule--Cost estimate from Director of the Government
    Publishing Office.--(1) No extraneous matter in excess of two printed
    Record pages, whether printed in its entirety in one daily issue or in
    two or more parts in one or more issues, shall be printed in the
    Congressional Record unless the Member announces, coincident with the
    request for leave to print or extend, the estimate in writing from the
    Director of the Government Publishing Office of the probable cost of
    publishing the same. (2) No extraneous matter shall be printed in the
    House proceedings or the Senate proceedings, with the following
    exceptions: (a) Excerpts from letters, telegrams, or articles presented
    in connection with a speech delivered in the course of debate; (b)
    communications from State legislatures; (c) addresses or articles by the
    President and the Members of his Cabinet, the Vice President, or a
    Member of Congress. (3) The official reporters of the House or Senate or
    the Director of the Government Publishing Office shall return to the
    Member of the respective House any matter submitted for the
    Congressional Record which is in contravention of these provisions.

          house supplement to ``laws and rules for publication of the
                congressional record''--effective august 12, 1986

      1. Extensions of Remarks in the daily Congressional Record.--When the
    House has granted leave to print (1) a newspaper or magazine article, or
    (2) any other matter not germane to the proceedings, it shall be
    published under Extensions of Remarks. This rule shall not apply to
    quotations which form part of a speech of a Member, or to an authorized
    extension of his own remarks: Provided, That no address, speech, or
    article delivered

    [[Page 397]]

    or released subsequently to the sine die adjournment of a session of
    Congress may be printed in the Congressional Record. One-minute speeches
    delivered during the morning business of Congress shall not exceed 300
    words. Statements exceeding this will be printed following the business
    of the day.
      2. Any extraneous matter included in any statement by a Member, either
    under the 1-minute rule or permission granted to extend at this point,
    will be printed in the ``Extensions of Remarks'' section, and that such
    material will be duly noted in the Member's statement as appearing
    therein.
      3. Under the general leave request by the floor manager of specific
    legislation only matter pertaining to such legislation will be included
    as per the request. This, of course, will include tables and charts
    pertinent to the same, but not newspaper clippings and editorials.
      4. In the makeup of the portion of the Record entitled ``Extensions of
    Remarks,'' the Director of the Government Publishing Office shall
    withhold any Extensions of Remarks which exceed economical press fill or
    exceed production limitations. Extensions withheld for such reasons will
    be printed in succeeding issues, at the direction of the Director of the
    Government Publishing Office, so that more uniform daily issues may be
    the end result and, in this way, when both Houses have a short session
    the makeup would be in a sense made easier so as to comply with daily
    proceedings, which might run extremely heavy at times.
      5. The request for a Member to extend his or her remarks in the body
    of the Record must be granted to the individual whose remarks are to be
    inserted.
      6. All statements for ``Extensions of Remarks,'' as well as copy for
    the body of the Congressional Record must be submitted on the Floor of
    the House to the Official Reporters of Debates and must carry the actual
    signature of the Member. Extensions of Remarks will be accepted up to 15
    minutes after adjournment of the House. To insure printing in that day's
    proceedings, debate transcripts still out for revision must be returned
    to the Office of Official Reporters of Debates, Room HT-60, the Capitol,
    (1) by 5 p.m., or 2 hours following adjournment, whichever occurs later;
    or (2) within 30 minutes following adjournment when the House adjourns
    at 11 p.m., or later.
      7. Pursuant to clause 8 of rule XVII of the Rules of the House, the
    Congressional Record shall be a substantially verbatim account of
    remarks made during the proceedings of the House, subject only to
    technical, grammatical, and typographical corrections authorized by the
    Member making the remarks involved. Unparliamentary remarks may be
    deleted only by permission or order of the House. Consistent with rule 9
    of the Joint Committee on Printing Rules, any revision shall consist
    only of technical, grammatical, or typographical corrections of the
    original copy and shall not include deletions of correct material,
    substitutions for correct material, or additions of new subject matter.
    By obtaining unanimous consent to revise and extend, a Member will be
    able to relax the otherwise strict prohibition

    [[Page 398]]

    contained in clause 8 of rule XVII only in two respects: (1) to revise
    by technical, grammatical, and typographical corrections; and (2) to
    extend remarks in a distinctive type style to follow the remarks
    actually uttered. In no event would the actually uttered remarks be
    removable.

      The requirement <> of
    rule 7 of the supplemental rules that the Congressional Record be a
    substantially verbatim account of remarks actually rendered was included
    in clause 8(a) of rule XVII (formerly clause 9 of rule XIV) in the 104th
    Congress, with the prescription that that rule constitute a standard of
    conduct under clause 3(a)(2) of rule XI (formerly clause 4(e)(1)(B) of
    rule X) (sec. 213, H. Res. 6, Jan. 4, 1995, p. 468). Under clause 8 of
    rule XVII, remarks actually delivered may not be deleted and remarks
    inserted must appear in distinctive type (Jan. 4, 1995, p. 541). The
    Speaker has instructed the Official Reporters of Debates to adhere
    strictly to the requirement of rule 7 of the supplemental rules (Mar. 2,
    1988, p. 2963; Feb. 3, 1993, p. 1980).
      Words spoken by a Member not under recognition are not included in the
    Congressional Record (V, 6975-6978; VIII, 3466, 3471; Oct. 11, 2011, p.
    _) and a Member should not expect the official reporters to transcribe
    such remarks (Jan. 24, 2011, p. 583) or the remarks of two Members
    speaking simultaneously (Oct. 11, 2011, p. _; Speaker Boehner, Jan. 23,
    2012, p. _; Speaker Boehner, Feb. 26, 2013, p. _; Speaker Boehner, Mar.
    25, 2014, p. _; Speaker Boehner, Feb. 25, 2015, p. _). For example the
    Record does not include remarks uttered: (1) after a Member has been
    called to order (July 29, 1994, p. 18609); (2) when a Member fails to
    heed the gavel at the expiration of time for debate (May 22, 2003, p.
    12965; Oct. 2, 2003, p. 23950; July 25, 2012, p. _); (3) when a Member
    interrupts another during debate without being yielded to (Feb. 15,
    2012, p. _) or otherwise recognized (as on a point of order) (Speaker
    O'Neill, Feb. 7, 1985, p. 2229). Remarks held irrelevant by the Chair
    may be removed from the Record by unanimous consent only (Mar. 20, 2002,
    p. 3663).
      In response to a parliamentary inquiry, the Chair advised that when
    the Pledge of Allegiance is delivered as the third element of the daily
    order of business, the Record reflects the pledge in its statutory form
    (Apr. 27, 2004, pp. 7588, 7600). The Chair announced the Record-printing
    policy regarding remarks in debate uttered in languages other than
    English, to deny transcription in the foreign language (unless a
    transcript is provided in a language that the Government Publishing
    Office can print) and to require Members to submit translations for
    distinctive printing in the Record in English as a revision of remarks
    (Mar. 4, 1998, p. 2535; see also Feb. 25, 2003, p. 4402; Mar. 15, 2013,
    p. _).
      Under long practice and applicable precedents and guidelines, the
    Chair has refined rulings on points of order in the Record in order to
    clarify them without changing their substance, including those sustained
    by the House on appeal (Feb. 19, 1992, p. 2461; see H. Res. 230, 99th
    Cong., July 31, 1985, p. 21783, and H. Rept. 99-228). In accordance with
    existing

    [[Page 399]]

    accepted practices, the Speaker customarily made such technical or
    parliamentary corrections or insertions in the transcript of a ruling or
    statement by the Chair as may have been necessary to conform to rule,
    custom, or precedent (see H. Res. 330, 101st Cong., Feb. 7, 1990, p.
    1515, and report of House Administration task force on Record inserted
    by Speaker Foley, Oct. 27, 1990, p. 37124). In the 104th Congress the
    Speaker ruled that the requirement of clause 8 of rule XVII (formerly
    clause 9 of rule XIV) that the Record be a substantially verbatim
    account of remarks made during House proceedings extended to statements
    and rulings of the Chair (Jan. 20, 1995, p. 1866).
      The Congressional Record is for the proceedings of the House and
    Senate only, and matters not connected therewith are rigidly excluded
    (V, 6962). It is not, however, the official record, that function being
    fulfilled by the Journal (IV, 2727). Because the Record is maintained as
    a substantially verbatim account of the proceedings of the House (44
    U.S.C. 901), the Speaker will not entertain a unanimous-consent request
    to give a special-order speech ``off the Record'' (June 24, 1992, p.
    16131). As a general principle the Speaker has no control over the
    Record (V, 6984, 7017).
      The traditional practice to allow Members, with the approval of the
    House and under conditions set forth by the Joint Committee on Printing,
    to revise remarks before publication in the Congressional Record (V,
    6971, 7024; VIII, 3500) should be interpreted in light of clause 8 of
    rule XVII and rule 7 of the supplemental rules of the Joint Committee on
    Printing, which require the Record to be a substantially verbatim
    account of remarks made during House proceedings (see Sec. 686, supra,
    and Sec. Sec. 967, 968, infra). In any event, a Member should not change
    the notes of the Member's own speech in such a way as to affect the
    remarks of another without bringing the correction to the attention of
    that Member (V, 6972; VIII, 3461) because such alterations require
    authorization by the House (VIII, 3463, 3497). Where a Member so revised
    his remarks as to affect the import of words uttered by another Member,
    the House corrected the Record (V, 6973). A Member is not entitled to
    inspect the reporter's notes of remarks that do not contain reflections
    on that Member, delivered by another Member and withheld for revision
    (V, 6964).
      As a general <> rule the Committee of the Whole has no
    control over the Congressional Record (V, 6986); but the chairman in the
    preservation of order may direct the exclusion of disorderly words
    spoken by a Member after a call to order (V, 6987). In a case wherein a
    letter read in Committee involved a breach of privilege, the Committee
    reported the matter to the House for action, and the House struck the
    letter from the Record (V, 6986). The chair of the Committee of the
    Whole does not determine the privileges of a Member under a general
    leave to print in the Record, that being for the House alone (V, 6988).
    The Committee of the Whole may neither grant a general leave to print,
    although for convenience it does permit individual Members to extend
    their remarks

    [[Page 400]]

    (V, 7009, 7010; VIII, 3488-3490; Aug. 31, 1965, p. 22385), nor permit
    the inclusion of extraneous material (Jan. 23, 1936, p. 950; Feb. 1,
    1937, p. 656; Sept. 19, 1967, p. 26032).
      Although the <> House controls the Congressional Record, the Speaker with the
    assent of the House laid down the principle that words spoken by a
    Member in order might not be changed by the House, because this would be
    determining what a Member should utter on the floor (V, 6974; VI, 583;
    VIII, 3469, 3498). Neither should one House strike matter placed in the
    Record by permission of the other House (V, 6966). But the House may
    correct the speech of one of its Members so that it may record
    faithfully what was actually said (V, 6972). Similarly, a motion to
    correct the Record has been entertained to allow a Member to print in a
    subsequent edition of the daily Record the correct text of an amendment
    offered on a previous day and that had been substantially misprinted in
    the daily Record for the day on which it was offered (Deschler, ch. 5,
    Sec. 18.6). In addition, privileged motions have been permitted to
    correct the Record as follows: (1) striking unparliamentary words
    inserted in the Record (Deschler, ch. 5, Sec. 17); (2) correcting the
    Record where the remarks of one Member have been attributed to another
    (Deschler, ch. 5, Sec. Sec. 18.1, 18.2); (3) correcting the Record where
    a Member has improperly altered his remarks during an exchange of
    colloquy with another Member (Deschler, ch. 5, Sec.  18.9). Mere
    typographical errors in the Record or ordinary revisions of a Member's
    remarks do not give rise to privileged motions for the correction of the
    Record (Apr. 25, 1985, p. 9419), because such changes for the permanent
    edition of the Record may be made without the permission of the House
    (Deschler, ch. 5, Sec. 19) (subject to clause 8 of rule XVII). The House
    does not change the Record merely to show what a Member should have said
    during debate (Deschler, ch. 5, Sec. 18).
      Furthermore, the Speaker declines to entertain unanimous-consent
    requests to correct the Record on a vote taken by electronic device,
    based upon the presumed accuracy of the electronic system and the
    ability and responsibility of each Member to verify votes (Feb. 6, 1973,
    p. 3558; Apr. 18, 1973, p. 13081; Dec. 3, 1974, p. 37897). It also has
    been held that a Member may not, in a controversy over a proposed
    correction of the Record as to a matter of business, demand as a matter
    of right the reading of the reporter's notes (V, 6967; VIII, 3460).
      The accuracy and propriety of reports in the Congressional Record
    constitute questions of the privileges of the House (see Sec. 704,
    infra). Subject to the requirements of rule IX, a motion or resolution
    for the correction of the Record that involves a question of privilege
    may be made properly after the reading and approval of the Journal (V,
    7013; VIII, 3496), is not in order pending the approval of the Journal
    (V, 6989), and may not be raised until the Record has appeared (V,
    7020). A correction of the Record that involves a motion and a vote is
    recorded in the Journal (IV, 2877). A resolution directing the placement
    of an asterisk in the Record

    [[Page 401]]

    to note alleged inaccuracies in a State of the Union address (but not
    alleging improper transcription of that address) was held not to
    constitute a question of privilege (Oct. 20, 2003, pp. 25255, 25256).
    Propositions to make corrections are sometimes considered by the
    Committee on House Administration.
      Where <> a Member had uttered disorderly words on the floor without
    challenge, the House decided that it was not precluded from action when
    the words, after being withheld for revision, appeared in the Record,
    and struck them (V, 6979, 6981; VI, 582; VIII, 2538, 3463, 3472). The
    House also has ordered stricken printed speeches condemned as
    unparliamentary for reflections on Members, committees of the House, the
    House itself (V, 7017), and the Senate (V, 5129). In the 101st Congress
    a resolution presented as a question of privilege was adopted to direct
    the Committee on House Administration to report with respect to certain
    unauthorized deletions from the Record. A task force of that committee
    recommended that deletion of unparliamentary remarks be permitted only
    by consent of the House and not by the Member uttering the words under
    authority to revise and extend (Oct. 27, 1990, p. 37124). That
    recommendation has been incorporated into the Rules of the House (clause
    8(b) of rule XVII). In debating a resolution to strike from the Record
    disorderly language a Member may not read the language (V, 7004); but it
    was held that as part of a personal explanation relating to matter
    excluded as out of order a Member might read the matter, subject to a
    point of order if the reading should develop anything in violation of
    the rules of debate (V, 5079). A resolution to omit from the Record
    certain remarks merely declared by the Member offering the resolution to
    be out of order is not privileged (V, 7021). A motion to strike
    unparliamentary words from the Record is privileged (see Sec. 961,
    infra), although a question of privilege may not subsequently arise
    therefrom (V, 7023; VI, 596).
      The practice <> of inserting in the Congressional Record speeches not actually
    delivered on the floor has developed by consent of the House as the
    membership has increased and it has become difficult at times for every
    Member to fully debate public questions on the floor (V, 6990-6996,
    6998-7000). The House, in granting such leave to print, stipulates that
    it be exercised without unreasonable freedom (V, 7002, 7003). For
    example: (1) a Member with permission to insert one matter may not
    insert another (V, 7001; VIII, 3462, 3479, 3480); (2) a Member may not
    insert statements and letters of others unless the leave granted
    specifies such matter as extraneous (VIII, 3475, 3481), whether the
    extension be under general leave for all Members or individual; (3)
    although a Member may not request leave to insert the remarks of another
    Member (see supplemental rule 5 of the ``Laws and Rules for Publication
    of the Congressional Record''), the House may grant general leave for
    all Members to insert remarks (Mar. 19, 2012, p. _); (4) a Member may
    not insert that which would not have

    [[Page 402]]

    been in order if uttered on the floor, and the House may exclude such
    insertion in whole or in part (V, 7004-7008; VIII, 3495; Oct. 2, 1992,
    p. 30709; Sept. 27, 1996, p. 25633); (5) a Member may not insert the
    individual votes of Members on a question of which the yeas and nays
    have not been entered on the Journal (V, 6982). The principle that a
    Member shall not be called to order for words spoken in debate if
    business has intervened does not apply to a case where leave to print
    has been violated (V, 7005). Neither the House nor the Committee of the
    Whole may permit the insertion of an entire colloquy between two or more
    Members not actually delivered (Aug. 10, 1982, pp. 20266, 20267; Oct. 3,
    1985, p. 26028; Dec. 15, 1995, p. 37133; July 31, 2012, p. _; June 5,
    2013, p. _). This prohibition does not apply to the insertion of remarks
    spoken in debate in the Senate in the form of a colloquy (Mar. 7, 2006,
    p. 2791) given the form of clause 1 of rule XVII as adopted in the 109th
    Congress.
      The House, and not the Speaker, determines what liberty shall be
    allowed to a Member who has leave to extend remarks (V, 6997-7000; VIII,
    3475), whether or not a copyrighted article shall be printed therein (V,
    6985), as to an alleged abuse of the leave to print (V, 7012; VIII,
    3474), or as to a proposed amendment (V, 6983). General leave to print
    may be granted only by the House, although in the Committee of the Whole
    a Member, by unanimous consent, may be given leave to extend remarks (V,
    7009, 7010; VIII, 3488-3490), though such leave should be granted only
    in connection with remarks actually delivered and relevant to the bill;
    and the extension under such circumstances should be brief (Speaker
    Longworth, Mar. 18, 1926, p. 5854).
      Where a Member abused a leave to print on the last day of the session,
    the House at the next session condemned the abuse and declared the
    matter not a legitimate part of the official debates (V, 7017). An abuse
    of leave to print gives rise to a question of privilege (V, 7005-7008,
    7011; VIII, 3163, 3491, 3495), and a resolution or motion to expunge
    from the Record in such a case is offered as a question of privilege (V,
    7012; VIII, 3475, 3491). An inquiry by the House as to an alleged abuse
    of the leave to print does not necessarily entitle the Member implicated
    to the floor on a question of privilege (V, 7012). Clause 8 of rule XVII
    (formerly clause 9 of rule XIV) requires substantive remarks inserted
    under leave to revise and extend to be printed in distinctive type and
    precludes deletion under such permission of words actually uttered (Jan.
    4, 1995, p. 541).
      A motion that a Member be permitted to extend remarks in the Record is
    not privileged (Feb. 8, 1950, p. 1661), and under the rules of the Joint
    Committee on Printing, one Member cannot obtain permission for other
    individual Members to extend their remarks (rule 5 of House Supplement,
    Sec. 686, supra).
      Where extraneous material proposed to be inserted in the body or in
    the Extension of Remarks portion of the Record exceeds two Record pages,
    the rules of the Joint Committee on Printing require that the Member
    state an estimate of printing cost when permission is requested to make

    [[Page 403]]

    the insertion (Feb. 12, 1962, p. 2207; May 24, 1972, p. 18653). It is
    the Member's responsibility and not that of the Chair to ascertain the
    cost of printing extraneous material and obtaining consent of the House
    when necessary (Feb. 11, 1994, p. 2245). As indicated in supplemental
    rule 3 of the Laws and Rules for Publication of the Congressional
    Record, the general leave request of the floor manager permits matter
    pertaining to specific legislation, including tables and charts but not
    newspaper clippings and editorials. The Clerk normally does not require
    a cost estimate for charts and tables admitted under general leave that
    exceed two Record pages.
      The former rules of the Joint Committee on Printing for publication of
    the Record, effective March 1, 1978, required the identification by
    ``bullet'' symbols of statements or insertions no part of which were
    actually delivered in debate (Feb. 20, 1978, p. 3676). Where the House
    permitted all Members leave to revise and extend their remarks on a
    certain subject, those Members who actually spoke during the debate
    could revise their remarks to appear as if actually delivered, but
    Members' statements no part of which were spoken were preceded and
    followed by a ``bullet'' symbol (Nov. 15, 1983, p. 32729). In the 99th
    Congress, the House adopted a resolution requesting the Joint Committee
    on Printing to adopt temporary rules to require distinctive type styles
    to replace the bulleting of remarks not actually spoken in debate (H.
    Res. 230, July 31, 1985, p. 21783), and also adopted a resolution
    requesting that those rules be made permanent (H. Res. 514, Aug. 12,
    1986, p. 20980). Under regulations of the Joint Committee on Printing,
    remarks delivered or inserted under leave to revise and extend in
    connection with a ``one-minute speech'' made before legislative business
    are printed after legislative business if exceeding 300 words (Speaker
    O'Neill, Apr. 5, 1978, p. 8846; Sec. 686, supra).
      Based upon several unauthorized insertions of extensions of remarks in
    the Record, the Speaker announced that henceforth all extensions of
    remarks must be signed by the Member submitting them (Aug. 15, 1974, p.
    28385). The House by unanimous consent may grant permission for all
    Members to extend their remarks and to include extraneous material
    within the established limits in that section of the Congressional
    Record entitled ``Extensions of Remarks'' for a session (e.g., Jan. 6,
    1999, p. 247) or a Congress (e.g., Jan. 4, 2007, p. 42).

    News media galleries
      2. <> A portion of the gallery over the Speaker's chair, as may be
    necessary to accommodate representatives of the press wishing to report
    debates and proceedings, shall be set aside for their use. Reputable
    reporters and correspondents shall be ad

    [[Page 404]]

    mitted thereto under such regulations as the Speaker may prescribe from
    time to time. The Standing Committee of Correspondents for the Press
    Gallery, and the Executive Committee of Correspondents for the
    Periodical Press Gallery, shall supervise such galleries, including the
    designation of its employees, subject to the direction and control of
    the Speaker. The Speaker may admit to the floor, under such regulations
    as the Speaker may prescribe, not more than one representative of each
    press association.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XXXIV. When it was
    transferred to this clause, it also was amended to reflect the existing
    practice of including the Periodical Press Gallery under the ambit of
    the rule (H. Res. 5, Jan. 6, 1999, p. 47). This provision was first
    adopted in 1857 and has been amended from time to time (V, 7304; VIII,
    3642; Jan. 3, 1953, p. 24; Jan. 22, 1971, p. 144; Jan. 5, 2011, p. 80).
    A gender-based reference was eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7). See also Consumers Union v.
    Periodical Correspondents' Association, 515 F.2d 1341 (D.C. Cir. 1975),
    cert. den. 423 U.S. 1051 (1976) (action in enforcing correspondents'
    association regulations is within legislative immunity granted by the
    Speech or Debate Clause).
      3. A portion of the gallery as may be necessary to accommodate
    reporters of news to be disseminated by radio, television, and similar
    means of transmission, wishing to report debates and proceedings, shall
    be set aside for their use. Reputable reporters and correspondents shall
    be admitted thereto under such regulations as the Speaker may prescribe.
    The Executive Committee of the Radio and Television Correspondents'
    Galleries shall supervise such gallery, including the designation of its
    employees, subject to the direction and control of the Speaker. The

    [[Page 405]]

    Speaker may admit to the floor, under such regulations as the Speaker
    may prescribe, not more than one representative of each media outlet.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XXXIV (H. Res. 5, Jan. 6,
    1999, p. 47). This provision was first adopted on April 20, 1939 (p.
    4561) and has been amended from time to time (May 30, 1940, p. 7208;
    Jan. 22, 1971, p. 144; Jan. 5, 2011, p. 80). A gender-based reference
    was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6,
    2009, p. 7).

                                    Rule VII

                              records of the house

    Archiving
      1. (a) <> At the end of each Congress, the chair of
    each committee shall transfer to the Clerk any noncurrent records of
    such committee, including the subcommittees thereof.
      (b) At the end of each Congress, each officer of the House elected
    under rule II shall transfer to the Clerk any noncurrent records made or
    acquired in the course of the duties of such officer.
      2. The Clerk shall deliver the records transferred under clause 1,
    together with any other noncurrent records of the House, to the
    Archivist of the United States for preservation at the National Archives
    and Records Administration. Records so delivered are the permanent
    property of the House and remain subject to this rule and any order of
    the House.
    Public availability
      3. (a) The Clerk shall authorize the Archivist to make records
    delivered under clause 2 avail

    [[Page 406]]

    able for public use, subject to clause 4(b) and any order of the House.
      (b)(1) A record shall immediately be made available if it was
    previously made available for public use by the House or a committee or
    a subcommittee.
      (2) An investigative record that contains personal data relating to a
    specific living person (the disclosure of which would be an unwarranted
    invasion of personal privacy), an administrative record relating to
    personnel, or a record relating to a hearing that was closed under
    clause 2(g)(2) of rule XI shall be made available if it has been in
    existence for 50 years.
      (3) A record for which a time, schedule, or condition for availability
    is specified by order of the House shall be made available in accordance
    with that order. Except as otherwise provided by order of the House, a
    record of a committee for which a time, schedule, or condition for
    availability is specified by order of the committee (entered during the
    Congress in which the record is made or acquired by the committee) shall
    be made available in accordance with the order of the committee.
      (4) A record (other than a record referred to in subparagraph (1),
    (2), or (3)) shall be made available if it has been in existence for 30
    years.
      4. (a) A record may not be made available for public use under clause
    3 if the Clerk determines that such availability would be detrimental to
    the public interest or inconsistent with the rights and privileges of
    the House. The

    [[Page 407]]

    Clerk shall notify in writing the chair and ranking minority member of
    the Committee on House Administration of any such determination.
      (b) A determination of the Clerk under paragraph (a) is subject to
    later orders of the House and, in the case of a record of a committee,
    later orders of the committee.
      5. (a) This rule does not supersede rule VIII or clause 11 of rule X
    and does not authorize the public disclosure of any record if such
    disclosure is prohibited by law or executive order of the President.
      (b) The Committee on House Administration may prescribe guidelines and
    regulations governing the applicability and implementation of this rule.
      (c) A committee may withdraw from the National Archives and Records
    Administration any record of the committee delivered to the Archivist
    under this rule. Such a withdrawal shall be on a temporary basis and for
    official use of the committee.
    Definition of record
      6. In this rule the term ``record'' means any official, permanent
    record of the House (other than a record of an individual Member,
    Delegate, or Resident Commissioner), including--
          (a) with respect to a committee, an official, permanent record of
    the committee (including any record of a legislative, oversight, or
    other activity of such committee or a subcommittee thereof); and

    [[Page 408]]

          (b) with respect to an officer of the House elected under rule II,
    an official, permanent record made or acquired in the course of the
    duties of such officer.

      Before the House recodified its rules in the 106th Congress, clauses 1
    through 6 were found in former rule XXXVI (H. Res. 5, Jan. 6, 1999, p.
    47). That rule was adopted initially in 1880 (V, 7260). Clause 2 (which
    derived from section 140(a) of the Legislative Reorganization Act of
    1946 (60 Stat. 812)) was added in the 83d Congress when the rule was
    also renumbered (H. Res. 5, Jan. 3, 1953, p. 24). It was amended on
    January 22, 1971 (p. 144). It was again amended in the 99th Congress to
    change the reference from the General Services Administration to the
    National Archives and Records Administration (H. Res. 114, Oct. 14,
    1986, p. 30821). The rule was rewritten entirely in the 101st Congress
    (H. Res. 5, Jan. 3, 1989, p. 73) to incorporate the provisions of H.
    Res. 419 as reported from the Committee on Rules in the 100th Congress
    (H. Rept. 100-1054). Clerical corrections were effected to reflect
    changes in the name of the Committee on House Administration in the
    104th and 106th Congresses (sec. 202(b), H. Res. 6, Jan. 4, 1995, p.
    467; H. Res. 5, Jan. 6, 1999, p. 47). Clerical corrections were effected
    in the 107th Congress to correct cross references (sec. 2(x), H. Res. 5,
    Jan. 3, 2001, p. 24). Gender-based references were eliminated in the
    111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
      The Clerk has historically been authorized to permit the Administrator
    of General Services (now Archivist) to make available for use certain
    records of the House transferred to the National Archives (H. Res. 288,
    June 16, 1953, p. 6641). Under this rule, an order of the House is
    required for the release of noncurrent records of the House not covered
    by clause 3 of this rule (Mar. 22, 1991, p. 7549).

    Withdrawal of papers
      7. <> A
    memorial or other paper presented to the House may not be withdrawn from
    its files without its leave. If withdrawn certified copies thereof shall
    be left in the Office of the Clerk. When an act passes for the
    settlement of a claim, the Clerk may transmit to the officer charged
    with the settlement thereof the papers on file in the Office of the
    Clerk relating to such claim. The Clerk

    [[Page 409]]

    may lend temporarily to an officer or bureau of the executive
    departments any papers on file in the Office of the Clerk relating to
    any matter pending before such officer or bureau, taking proper receipt
    therefor.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXXVII (H. Res. 5, Jan. 6, 1999, p.
    47). It was adopted initially in 1873 and amended in 1880 (V, 7256). It
    was renumbered January 3, 1953 (p. 24). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7).
      The House usually allows the withdrawal of papers only in cases in
    which there has been no adverse report. As the rules for the order of
    business give no place to the motion to withdraw, it is made by
    unanimous consent (V, 7259). The House formerly adopted a privileged
    resolution at the beginning of each Congress authorizing the Clerk to
    furnish certified copies of certain types of House papers subpoenaed by
    courts upon determination of relevancy by the court, but not permitting
    production of executive session papers or transfer of original papers
    (Jan. 3, 1973, p. 30).
      See rule VIII for procedure for response to subpoenas for papers of
    the House.

                                    Rule VIII

                              response to subpoenas

      1. <> When a Member, Delegate,
    Resident Commissioner, officer, or employee of the House is properly
    served with a judicial or administrative subpoena or judicial order
    directing appearance as a witness relating to the official functions of
    the House or for the production or disclosure of any document relating
    to the official functions of the House, such Member, Delegate, Resident
    Commissioner, officer, or employee shall comply, consistently with the
    privileges and rights of the House, with the judicial or administrative
    subpoena or judicial

    [[Page 410]]

    order as hereinafter provided, unless otherwise determined under this
    rule.
      2. Upon receipt of a properly served judicial or administrative
    subpoena or judicial order described in clause 1, a Member, Delegate,
    Resident Commissioner, officer, or employee of the House shall promptly
    notify the Speaker of its receipt in writing. Such notification shall
    promptly be laid before the House by the Speaker. During a period of
    recess or adjournment of longer than three days, notification to the
    House is not required until the reconvening of the House, when the
    notification shall promptly be laid before the House by the Speaker.
      3. Once notification has been laid before the House, the Member,
    Delegate, Resident Commissioner, officer, or employee of the House shall
    determine whether the issuance of the judicial or administrative
    subpoena or judicial order described in clause 1 is a proper exercise of
    jurisdiction by the court, is material and relevant, and is consistent
    with the privileges and rights of the House. Such Member, Delegate,
    Resident Commissioner, officer, or employee shall notify the Speaker
    before seeking judicial determination of these matters.
      4. Upon determination whether a judicial or administrative subpoena or
    judicial order described in clause 1 is a proper exercise of
    jurisdiction by the court, is material and relevant, and is consistent
    with the privileges and rights of the House, the Member, Delegate,
    Resident Commissioner, officer, or employee of the House

    [[Page 411]]

    shall immediately notify the Speaker of the determination in writing.
      5. The Speaker shall inform the House of a determination whether a
    judicial or administrative subpoena or judicial order described in
    clause 1 is a proper exercise of jurisdiction by the court, is material
    and relevant, and is consistent with the privileges and rights of the
    House. In so informing the House, the Speaker shall generally describe
    the records or information sought. During a period of recess or
    adjournment of longer than three days, such notification is not required
    until the reconvening of the House, when the notification shall promptly
    be laid before the House by the Speaker.
      6. (a) Except as specified in paragraph (b) or otherwise ordered by
    the House, upon notification to the House that a judicial or
    administrative subpoena or judicial order described in clause 1 is a
    proper exercise of jurisdiction by the court, is material and relevant,
    and is consistent with the privileges and rights of the House, the
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House shall comply with the judicial or administrative subpoena or
    judicial order by supplying certified copies.
      (b) Under no circumstances may minutes or transcripts of executive
    sessions, or evidence of witnesses in respect thereto, be disclosed or
    copied. During a period of recess or adjournment of longer than three
    days, the Speaker may authorize compliance or take such other action as
    the

    [[Page 412]]

    Speaker considers appropriate under the circumstances. Upon the
    reconvening of the House, all matters that transpired under this clause
    shall promptly be laid before the House by the Speaker.
      7. A copy of this rule shall be transmitted by the Clerk to the court
    when a judicial or administrative subpoena or judicial order described
    in clause 1 is issued and served on a Member, Delegate, Resident
    Commissioner, officer, or employee of the House.
      8. Nothing in this rule shall be construed to deprive, condition, or
    waive the constitutional or legal privileges or rights applicable or
    available at any time to a Member, Delegate, Resident Commissioner,
    officer, or employee of the House, or of the House itself, or the right
    of such Member, Delegate, Resident Commissioner, officer, or employee,
    or of the House itself, to assert such privileges or rights before a
    court in the United States.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule L (H. Res. 5, Jan. 6, 1999, p. 47).
    It was added initially in the 97th Congress (H. Res. 5, Jan. 5, 1981, p.
    98). Until the 95th Congress, whenever a Member, officer, or employee
    received a subpoena, the House would adopt a resolution authorizing the
    person to respond. In the 95th and 96th Congresses general authority was
    granted to respond to subpoenas without the necessity of a House vote
    (H. Res. 10, Jan. 4, 1977, p. 73; H. Res. 10, Jan. 15, 1979, p. 19).
    This standing authority was clarified and revised later in the 96th
    Congress (H. Res. 722, Sept. 17, 1980, pp. 25777-90) and forms the basis
    for the present rule. In the 107th Congress the rule was amended to
    broaden its application to administrative subpoenas (sec. 2(c), H. Res.
    5, Jan. 3, 2001, p. 25). A gender-based reference was eliminated in the
    111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
      In the 102d Congress the House considered as questions of the
    privileges of the House resolutions: responding to a subpoena for
    records of the ``bank''

    [[Page 413]]

    in the Office of the Sergeant-at-Arms (Apr. 29, 1992, p. 9753);
    responding to a contemporaneous request for such records from a Special
    Counsel (Apr. 29, 1992, p. 9763); and authorizing an officer of the
    House to release certain documents in response to another such request
    from the Special Counsel (May 28, 1992, p. 12790). Under rule VIII as
    amended in the 107th Congress, a Member or employee receiving such a
    subpoena informs the Speaker, as had been the practice under precedent
    (Deschler, ch. 11, Sec. 14.8) before the rule was amended (July 30,
    1998, p. 18298; May 3, 1999, p. 8040).
      Under clause 2, the Speaker promptly lays before the House a
    communication notifying the Speaker of the receipt of a subpoena, but
    the rule does not require that the text of a subpoena be printed in the
    Record (July 31, 1992, p. 20602).

                                     Rule IX

                             questions of privilege

      1. <> Questions
    of privilege shall be, first, those affecting the rights of the House
    collectively, its safety, dignity, and the integrity of its proceedings;
    and second, those affecting the rights, reputation, and conduct of
    Members, Delegates, or the Resident Commissioner, individually, in their
    representative capacity only.
      2. (a)(1) A resolution <> reported as a question of the privileges of the House, or
    offered from the floor by the Majority Leader or the Minority Leader as
    a question of the privileges of the House, or offered as privileged
    under clause 1, section 7, article I of the Constitution, shall have
    precedence of all other questions except motions to adjourn. A
    resolution offered from the floor by a Member, Delegate, or Resident
    Commissioner other than the Majority Leader or the Minority Leader as a
    question of the privileges of the House shall have precedence of all
    other questions except

    [[Page 414]]

    motions to adjourn only at a time or place, designated by the Speaker,
    in the legislative schedule within two legislative days after the day on
    which the proponent announces to the House an intention to offer the
    resolution and the form of the resolution. Oral announcement of the form
    of the resolution may be dispensed with by unanimous consent.
      (2) The time allotted for debate on a resolution offered from the
    floor as a question of the privileges of the House shall be equally
    divided between (A) the proponent of the resolution, and (B) the
    Majority Leader, the Minority Leader, or a designee, as determined by
    the Speaker.
      (b) A question of personal privilege shall have precedence of all
    other questions except motions to adjourn.

      This rule was adopted in 1880 (III, 2521) to codify long-established
    practice that the House had hitherto been unwilling to define (II,
    1603). It was amended in the 103d Congress to authorize the Speaker to
    designate a time within a period of two legislative days for the
    consideration of a resolution to be offered from the floor by a Member
    other than the Majority Leader or the Minority Leader after that Member
    has announced to the House an intention to do so and the content of the
    resolution, and to divide the time for debate on the resolution (H. Res.
    5, Jan. 5, 1993, p. 49). Clause 2 was amended in the 106th Congress to
    permit the announcement of the form of the resolution to be dispensed
    with by unanimous consent, and clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in
    the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).

      The <> body of
    precedent relating to questions of the privileges of the House includes
    rulings that span the adoption of this rule. The rule was adopted ``to
    prevent the large consumption of time which resulted from Members
    getting the floor for all kinds of speeches under the pretext of raising
    a question of privilege'' (III, 2521). In a landmark decision on
    constitutional assertions of privilege, Speaker Gillett placed
    significant reliance on the history of rule IX by observing that it
    ``was obviously adopted for the pur

    [[Page 415]]

    pose of hindering the extension of constitutional or other privilege''
    (VI, 48). Thus a resolution merely asserting the position of the House
    with regard to an external issue does not qualify (Oct. 6, 2011, p. _).

      The <> privileges
    of the House include questions relating to its organization (I, 22-24,
    189, 212, 290), and the title of its Members to their seats (III, 2579-
    2587), which may be raised as questions of the privileges of the House
    even though the subject has been previously referred to committee (I,
    742; III, 2584; VIII, 2307). Such resolutions include those: (1) to
    declare prima facie right to a seat, or to declare a vacancy, where the
    House has referred the questions of prima facie and final rights to a
    committee for investigation (H. Res. 1, Jan. 3, 1985, p. 381; H. Res.
    52, Feb. 7, 1985, p. 2220; H. Res. 97, Mar. 4, 1985, p. 4277; H. Res.
    121, Apr. 2, 1985, p. 7118; H. Res. 148, Apr. 30, 1985, p. 9801); (2) to
    raise various questions incidental to the right to a seat (I, 322, 328,
    673, 742; II, 1207; III, 2588; VII, 2316), such as a resolution to
    declare a vacancy in the House because a Member-elect is unable to take
    the oath of office and to serve as a Member or to expressly resign the
    office due to an incapacitating illness (H. Res. 80, Feb. 24, 1981, p.
    2916); (3) to declare neither of two claimants seated pending a
    committee report and decision of final right to the seat by the House
    (Jan. 3, 1961, pp. 23-25; Jan. 3, 1985, p. 381), including incidental
    provisions providing compensation for both claimants and office staffing
    by the Clerk (Jan. 3, 1985, p. 381) and to direct temporary seating of a
    certified Member-elect pending determination of final right
    notwithstanding prior House action declining to seat either claimant
    (Feb. 7, 1985, p. 2220; Mar. 4, 1985, p. 4277); (4) to propose directly
    to dispose of a contest over the title to a seat in the House (Nov. 8,
    1997, p. 25294; Nov. 9, 1997, p. 25721; Jan. 28, 1998, p. 175) or to
    dispose of such contest upon the expiration of a specified day (Oct. 23,
    1997, p. 23231; Oct. 29, 1997, p. 23695; Oct. 30, 1997, p. 23959; Nov.
    5, 1997, p. 24645).
      A resolution electing a House officer is presented as a question of
    the privileges of the House (July 31, 1997, p. 17021; Feb. 6, 2007, p.
    3156). A resolution declaring vacant the Office of the Speaker is
    presented as a matter of high constitutional privilege (VI, 35). For
    further discussion with respect to the organization of the House and the
    title of its Members to seats, see Sec. Sec. 18-30, 46-51, 56, and 58-
    60, supra.

      The <> privileges of the House, as distinguished from that of
    the individual Member, include questions relating to its constitutional
    prerogatives in respect to revenue legislation and appropriations (see,
    e.g., II, 1480-1501; VI, 315; Nov. 8, 1979, p. 31517; Oct. 1, 1985, p.
    25418; June 16, 1988, p. 14780; June 21, 1988, p. 15425; Aug. 12, 1994,
    p. 21655). For a more thorough record of revenue bills returned to the
    Senate, see Sec. 102, supra. Such a question of privilege may be raised
    at any time when the House is in possession of the papers (June 20,
    1968, Deschler, ch. 13, Sec. 14.2; Aug. 19, 1982, p. 22127), but not
    otherwise (Apr. 6, 1995,

    [[Page 416]]

    p. 10701). Such a question of privilege includes a resolution asserting
    that a conference report accompanying a House bill originated revenue
    provisions in derogation of the sole constitutional prerogative of the
    House and resolving that such bill be recommitted to conference (July
    27, 2000, p. 16565). The constitutional prerogatives of the House also
    include its function with respect to: (1) impeachment and matters
    incidental thereto (see Sec. 604, supra); (2) bills ``pocket vetoed''
    during an intersession adjournment (Nov. 21, 1989, p. 31156); (3) its
    power to punish for contempt, whether of its own Members (II, 1641-
    1665), of witnesses who are summoned to give information (II, 1608,
    1612; III, 1666-1724), or of other persons (II, 1597-1640); (4)
    questions relating to legal challenges involving the prerogatives of the
    House (Jan. 29, 1981, p. 1304; Mar. 30, 1982, p. 5890), including a
    resolution responding to a court challenge to the prerogative of the
    House to establish a Chaplain (Mar. 30, 1982, p. 5890). A resolution
    laying on the table a message from the President containing certain
    averments inveighing disrespect toward Members of Congress was
    considered as a question of the privileges of the House asserting a
    breach of privilege in a formal communication to the House (VI, 330).
      For a discussion of the relationship of the House and its Members to
    the courts, see Sec. Sec. 290-291b, supra. For examples of Senate
    messages requesting the return of Senate measures that intruded on the
    constitutional prerogative of the House to originate revenue measures,
    see Sec. 565, supra. For a discussion of the prerogatives of the House
    with respect to treaties affecting revenue, see Sec. 597, supra.
      The ordinary rights and functions of the House under the Constitution
    are exercised in accordance with the rules without precedence as matters
    of privilege (III, 2567). Neither the enumeration of legislative powers
    in article I of the Constitution nor the prohibition in the seventh
    clause of section 9 of that article against any withdrawal from the
    Treasury except by enactment of an appropriation renders a measure
    purporting to exercise or limit the exercise of those powers a question
    of the privileges of the House, because rule IX is concerned not with
    the privileges of the Congress, as a legislative branch, but only with
    the privileges of the House, as a House (Feb. 7, 1995, p. 3905; Dec. 22,
    1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248; Feb. 1,
    1996, p. 2245; Oct. 10, 1998, p. 25420; Nov. 4, 1999, pp. 28528-33; June
    6, 2002, p. 9492 (sustained by tabling of appeal); Oct. 2, 2002, pp.
    18932 (sustained by tabling of appeal), 18934 (sustained by tabling of
    appeal), 18936 (sustained by tabling of appeal), 18938 (sustained by
    tabling of appeal); Oct. 3, 2002, pp. 19001 (sustained by tabling of
    appeal), 19002 (sustained by tabling of appeal)). For example, the
    following legislative propositions have been held not to involve a
    question of constitutional privileges of the House: (1) a resolution
    requiring a committee inquiry into the extent to which the right to vote
    was denied under the provisions of the 14th amendment (VI, 48); (2) a
    resolution alleging an unconstitutional abrogation of a treaty by the
    President, and calling on the President to seek the approval of Congress
    before such abrogation

    [[Page 417]]

    (June 6, 2002, p. 9492 (sustained by tabling of appeal)); (3) a
    resolution alleging that Congress had been negligent in its oversight
    responsibilities with regard to military involvement in Iraq, and
    calling on leadership and committee chairs to conduct oversight of that
    matter, but refraining from alleging any impropriety (Nov. 3, 2005, pp.
    24757-59 (sustained by tabling of appeal)). On the other hand, an
    extraordinary question relating to the House vote required by the
    Constitution to pass a joint resolution extending the ratification
    period of a proposed constitutional amendment was raised as a question
    of privilege where the House had not otherwise made a separate
    determination on that procedural question and where consideration of the
    joint resolution had been made in order (Speaker O'Neill, Aug. 15, 1978,
    p. 26203).

      The <> privileges of the House include certain questions relating to
    the conduct of Members, officers, and employees (see, e.g., I, 284, 285;
    III, 2628, 2645-2647). Under that standard, the following resolutions
    have been held to constitute questions of the privileges of the House:
    (1) directing the Committee on Standards of Official Conduct (now
    Ethics) to investigate illegal solicitation of political contributions
    in the House Office Buildings by unnamed sitting Members (July 10, 1985,
    p. 18397); (2) establishing an ad hoc committee to investigate
    allegations of ``ghost'' employment in the House (Apr. 9, 1992, p.
    9029); (3) directing a committee to further investigate the conduct of a
    Member on which it has reported to the House (Aug. 5, 1987, p. 22458);
    (4) directing the Committee on Standards of Official Conduct (now
    Ethics) to report to the House the status of an investigation pending
    before the committee (Nov. 17, 1995, p. 33846; Nov. 30, 1995, p. 35075);
    (5) appointing an outside counsel (Sept. 19, 1996, p. 23851; Sept. 24,
    1996, p. 24525); (6) committing other matters to an outside counsel
    already appointed by the committee (June 27, 1996, p. 15917); (7)
    directing the committee to release the report of an outside counsel
    (Sept. 19, 1996, p. 23852; Sept. 24, 1996, p. 24526); (8) making
    allegations concerning the propriety of responses by officers of the
    House to court subpoenas for papers of the House without notice to the
    House, and directions to a committee to investigate such allegations
    (Feb. 13, 1980, p. 2768); (9) making allegations of improper
    representation by counsel of the legal position of Members in a brief
    filed in the Court and directions for withdrawal of the brief (Mar. 22,
    1990, p. 4996); (10) making allegations of unauthorized actions by a
    committee employee to intervene in judicial proceedings (Feb. 5, 1992,
    p. 1601); (11) directing the Clerk to notify interested parties that the
    House regretted the use of official resources to present to the Supreme
    Court of Florida a legal brief arguing the unconstitutionality of
    congressional term limits, and that the House had no position on that
    question (Nov. 4, 1991, p. 29968); (12) alleging a chronology of
    litigation relating to the immunity of a Member from civil liability for
    bona fide official acts and expressing the views of the House thereon
    (May 12, 1988, p. 10574); (13) directing the Committee on Standards of
    Official Conduct (now Ethics)

    [[Page 418]]

    to establish an investigative subcommittee and appoint outside counsel
    to investigate certain allegations against a Member (Oct. 8, 2004, p.
    22734); (14) alleging, among other things, the improper and unilateral
    firing of nonpartisan staff of the Committee on Standards of Official
    Conduct (now Ethics) and directing the Speaker to appoint a bipartisan
    task force to address the efficacy of that committee so as to restore
    public confidence in the ethics process (Mar. 15, 2005, pp. 4657, 4658;
    Apr. 14, 2005, pp. 6399, 6400) and directing the committee to appoint
    nonpartisan professional staff (June 9, 2005, pp. 12025, 12026); (15)
    alleging, among other things, the improper and unilateral firing of
    nonpartisan staff of the Committee on Standards of Official Conduct (now
    Ethics) and illegal activities between a lobbyist and Members, and
    directing that committee to investigate misconduct of Members and staff
    with that lobbyist (Mar. 30, 2006, p. 4445; Apr. 5, 2006, pp. 4993,
    4994); (16) alleging improper conduct by a former Member with regard to
    the House Page program and insufficient response thereto by the House
    leadership, and directing the Committee on Standards of Official Conduct
    (now Ethics) to establish a subcommittee to investigate (Sept. 29, 2006,
    p. 21334); (17) alleging a violation of the Code of Official Conduct and
    issuing a reprimand (May 22, 2007, p. 13525); (18) directing the
    Committee on Standards of Official Conduct (now Ethics) to investigate a
    Member's conduct and make a recommendation regarding expulsion (June 5,
    2007, p. 14600); (19) directing the Committee on Standards of Official
    Conduct (now Ethics) to review irregularities in the conduct of a vote
    in the House (Aug. 3, 2007, p. 22746); (20) directing the Committee on
    Standards of Official Conduct (now Ethics) and a previously-established
    select committee to investigate whether a vote was held open beyond a
    reasonable period of time for the purpose of circumventing the will of
    the House, and vacating such vote (Mar. 12, 2008, p. 3855); (21)
    directing the Committee on Standards of Official Conduct (now Ethics) to
    investigate violations of the Code of Official Conduct (Mar. 12, 2008,
    p. 3864); (22) alleging receipt of illegal campaign contributions and
    gifts and censuring a Member therefor (July 31, 2008, p. 17463); (23)
    alleging receipt of illegal campaign contributions and gifts and
    violations of federal tax law, directing the Committee on Standards of
    Official Conduct (now Ethics) to investigate, and removing a Member as
    chair of a standing committee pending such investigation (Sept. 18,
    2008, p. 19600); (24) alleging failure to properly report the receipt of
    gifts in accordance with financial disclosure and tax laws, and removing
    the Member as chair pending an on-going investigation by the Committee
    on Standards of Official Conduct (now Ethics) (Feb. 10, 2009, p. 3508;
    Oct. 7, 2009, pp. 23770, 23771); (25) alleging a quid pro quo between
    legislative activity and campaign contributions to Members, and
    directing the Committee on Standards of Official Conduct (now Ethics) to
    investigate that relationship (Feb. 25, 2009, p. 5759; Mar. 5, 2009, p.
    6561; Mar. 10, 2009, p. 6765; Mar. 19, 2009, p. 8106; Mar. 25, 2009, p.
    8743; Mar. 30, 2009, p. 9097; Apr. 1, 2009, p. 9542; May 12, 2009, p.
    12213; July 22, 2009, p. 18588) and alleging an inadequate investigation

    [[Page 419]]

    into such allegations by the Committee on Standards of Official Conduct
    (now Ethics), and directing the committee to report on the extent of
    said investigation (Mar. 18, 2010, p. 3846; Mar. 25, 2010, p. 5033; Apr.
    15, 2010, pp. 5659, 5660; Apr. 22, 2010, pp. 6083, 6084); (26) alleging
    improper involvement of Members with a certain lobbying organization,
    and directing the Committee on Standards of Official Conduct (now
    Ethics) to report any action it has taken with respect thereto (June 3,
    2009, p. 13841); (27) alleging improper conduct by a former Member with
    regard to various House staff and insufficient response thereto by House
    leadership, and directing the Committee on Standards of Official Conduct
    (now Ethics) to establish a subcommittee to investigate the
    circumstances surrounding the former Member's misconduct and the
    responses thereto and to issue a report thereon (Mar. 11, 2010, pp.
    3157, 3158; April 14, 2010, p. 5518). On the other hand, a resolution
    alleging inconsistency between statements of the Speaker and of an
    intelligence agency and commissioning an investigation of the accuracy
    of her statements, where such investigation would extend beyond the
    conduct of a Member and necessarily involve a review of the agency
    itself, was held not to constitute a question of the privileges of the
    House (May 21, 2009, p. 13175; June 16, 2009, p. 15272).
      For a discussion of disciplinary resolutions meting out punishment for
    violations of standards of official conduct, which constitute questions
    of the privileges of the House, see Sec. Sec. 62-66, supra.
      In the 102d and 103d Congresses, a large number of resolutions
    relating to the operation of the ``bank'' in the Office of the Sergeant-
    at-Arms and the management of the Office of the Postmaster were
    presented as questions of the privileges of the House. The former
    category included resolutions: (1) terminating all bank and check-
    cashing operations in the Office of the Sergeant-at-Arms and directing
    the Committee on Standards of Official Conduct (now Ethics) to review
    GAO audits of such operations (Oct. 3, 1991, p. 25435); (2) instructing
    the Committee on Standards of Official Conduct (now Ethics) to disclose
    the names and pertinent account information of Members and former
    Members found to have abused the privileges of the ``bank'' in the
    Office of the Sergeant-at-Arms (Mar. 12, 1992, p. 5519); (3) instructing
    the Committee on Standards of Official Conduct (now Ethics) to disclose
    further account information respecting Members and former Members having
    checks held by that entity (Mar. 12, 1992, p. 5534); (4) mandating full
    and accurate disclosure of pertinent information concerning the
    operation of that entity (Mar. 12, 1992, p. 5551); (5) responding to a
    subpoena for records of that entity (Apr. 29, 1992, p. 9453); (6)
    responding to a contemporaneous request for such records from a Special
    Counsel (Apr. 29, 1992, p. 9763); (7) authorizing an officer of the
    House to release certain documents in response to another such request
    from the Special Counsel (May 28, 1992, p. 12790). The latter category
    included resolutions: (1) directing the Committee on House
    Administration to conduct a thorough investigation of the operation and
    management of the Office of the Postmaster in light of recent press
    allegations of wrongdoing (Feb. 5, 1992,

    [[Page 420]]

    p. 1589); (2) creating a select committee to investigate the same matter
    (Feb. 5, 1992, p. 1599); (3) requiring an explanation of a reported
    interference with authorized access to a committee investigation of that
    matter (Apr. 9, 1992, p. 9024); (4) redressing a perception of
    obstruction of justice by recusing the General Counsel to the Clerk from
    matters relating to the investigation of that matter (Apr. 9, 1992, p.
    9076); (5) directing the Speaker to explain the lapse of time before the
    House received notice that several Members and an officer of the House
    had received subpoenas to testify before a Federal grand jury
    investigating that matter (May 14, 1992, p. 11309); (6) directing the
    Committee on House Administration to transmit to the Committee on
    Standards of Official Conduct (now Ethics) and to the Department of
    Justice all records obtained by its task force to investigate that
    matter (July 22, 1992, p. 18786); (7) directing the Committee on
    Standards of Official Conduct (now Ethics) to investigate violations of
    confidentiality by staff engaged in the investigation of that matter
    (July 22, 1992, p. 18795); (8) directing the Committee on House
    Administration to release transcripts of the proceedings of its task
    force to investigate that matter, where the investigation was ordered as
    a question of privilege and its results had been ordered reported to the
    House (July 22, 1992, p. 18796; July 23, 1992, p. 19125); (9) directing
    the Committee on House Administration to redress the erroneous naming of
    a Member in minority views accompanying a report on that matter (July
    23, 1992, p. 19121); (10) directing the public release of official
    papers of the House relating to an investigation by the Committee on
    House Administration's task force to investigate the operation and
    management of the Office of the Postmaster (July 22, 1993, p. 16634);
    (11) directing the public release of transcripts and other relevant
    documents relating to an investigation by the Committee on House
    Administration's task force to investigate the operation and management
    of the Office of the Postmaster unless two designees of the bipartisan
    leadership agree to the contrary (June 9, 1994, p. 12437); (12)
    directing the Committee on Standards of Official Conduct (now Ethics) to
    defer any investigation relating to the operation of the former Post
    Office until assured that its inquiry would not interfere with an
    ongoing criminal investigation, as well as a resolution directing the
    Committee on Standards of Official Conduct (now Ethics) to proceed with
    the investigation (Mar. 2, 1994, p. 3672).
      In the 105th Congress a 12-member bipartisan task force appointed by
    the Majority and Minority Leaders conducted a comprehensive review of
    the House ethics process. During the deliberations of the task force,
    the House imposed a moratorium on raising certain questions of privilege
    under this rule with respect to official conduct and on the filing or
    processing of ethics complaints. The moratorium was imposed in the
    expectation that the recommendations of the task force would include
    rules changes relating to establishment and enforcement of standards of
    official conduct for Members, officers, and employees of the House (Feb.
    12, 1997, p. 2058). The moratorium was extended through September 10,
    1997 (July

    [[Page 421]]

    30, 1997, p. 16958). The task force recommendations ultimately were
    reported from the Committee on Rules and were adopted with certain
    amendments (H. Res. 168, Sept. 18, 1997, p. 19340).

      The <> privileges of the House include questions relating to the
    integrity of its proceedings, including the processes by which bills are
    considered (III, 2597-2601, 2614; IV, 3383, 3388, 3478), such as the
    constitutional question of the vote required to pass a joint resolution
    extending the State ratification period of a proposed constitutional
    amendment (Speaker O'Neill, Aug. 15, 1978, p. 26203). Privileges of the
    House also include: (1) resignation of a Member from a select or
    standing committee (Speaker Albert, June 16, 1975, p. 19054; Speaker
    O'Neill, Mar. 8, 1977, pp. 6579-82); (2) newspaper charges affecting the
    honor and dignity of the House (VII, 911); (3) the conduct of
    representatives of the press (II, 1630, 1631; III, 2627; VI, 553).
      Admission to the floor of the House constitutes a question of
    privilege (III, 2624-2626), including a resolution alleging indecorous
    behavior of a former Member and instructing the Sergeant-at-Arms to ban
    the former Member from the floor, and rooms leading thereto, until the
    resolution of a contested election to which he was party (H. Res. 233,
    Sept. 18, 1997, p. 19340).
      The accuracy and propriety of reports in the Congressional Record also
    constitute a question of privileges of the House (V, 7005-7023; VIII,
    3163, 3461, 3463, 3464, 3491, 3499; Apr. 20, 1936, p. 5704; May 11,
    1936, p. 7019; May 7, 1979, p. 10099), including a resolution: (1)
    asserting that a Member's remarks spoken in debate were omitted from the
    printed Record, directing that the Record be corrected and requiring the
    Clerk to report on the circumstances and possible corrective action
    (July 29, 1983, p. 21685); (2) directing the Committee on Rules to
    investigate and report to the House within a time certain on alleged
    alterations of the Record (Jan. 24, 1984, p. 250); (3) addressing
    whether the Record should constitute a verbatim transcript (May 8, 1985,
    p. 11072; Feb. 7, 1990, p. 1515); (4) alleging impropriety by a
    presiding officer and improper alteration of the Record, and directing
    that a select committee investigate and that the Record be corrected
    (Aug. 4, 2007, p. 23194). Although a motion to correct the Congressional
    Record based on improper alterations or insertions may constitute a
    question of privilege, mere typographical errors or ordinary revisions
    of a Member's remarks do not form the basis for privileged motions to
    correct the Record (Apr. 25, 1985, p. 9419; see Sec. 690, supra). A
    resolution directing the placement of an asterisk in the Congressional
    Record to note alleged inaccuracies in a State of the Union address (but
    not alleging improper transcription of that address) was held not to
    constitute a question of privilege (Oct. 20, 2003, pp. 25255, 25256).
      The protection of House records constitutes a question of the
    privileges of the House, especially when records are demanded by the
    courts (III, 2604, 2659-2664; VI, 587; Sept. 18, 1992, p. 25750; see
    also Sec. 291a, supra).

    [[Page 422]]

    Privileges of the House involving records also include resolutions: (1)
    furnishing certain requested information to an Independent Counsel
    investigating covert arms transactions with Iran (June 4, 1992, p.
    13664); (2) responding to a request of a law enforcement official
    regarding the timing of the public release of official papers of the
    House (July 22, 1993, p. 16624); (3) directing a committee to
    investigate press publication of a report that the House had ordered not
    to be released (Speaker Albert, Feb. 19, 1976, p. 3914); (4) directing
    the public release of transcripts and other relevant documents relating
    to an investigation by the Committee on House Administration's task
    force to investigate the operation and management of the Office of the
    Postmaster unless two designees of the bipartisan leadership agreed to
    the contrary (June 9, 1994, p. 12437); (5) alleging that a Member
    willfully abused his power as chair of a committee by unilaterally
    releasing records of the committee in contravention of its rules
    (adopted ``protocol''), and expressing disapproval of such conduct (May
    14, 1998, p. 9279). However, a resolution directing a standing committee
    to release executive-session material referred to it as such by special
    rule of the House was held to propose a change in the rules and,
    therefore, not to constitute a question of the privileges of the House
    under rule IX (Sept. 23, 1998, p. 21562).
      A question regarding the accuracy of House documents constitutes a
    question of privileges of the House (V, 7329), including resolutions:
    (1) asserting that a printed transcript of joint subcommittee hearings
    contained unauthorized alterations of the statements of subcommittee
    members in the prior Congress and that unauthorized alterations may have
    occurred in other committee hearing transcripts, and proposing the
    creation of a select committee to investigate and report by a date
    certain (June 29, 1983, p. 18279); (2) alleging the unauthorized
    creation and falsification of documents distributed to the general
    public at a committee hearing and resolving that the Speaker take
    appropriate measures to ensure the integrity of the legislative process
    and report his actions and recommendations to the House (Oct. 25, 1995,
    p. 29373); (3) alleging that a committee report contained descriptions
    of recorded votes (as required by clause 3(b) of rule XIII) that
    deliberately mischaracterized certain amendments and directing the chair
    of the committee to file a supplemental report to change those
    descriptions (May 3, 2005, pp. 8417, 8418); (4) alleging that known
    errors in the engrossment of a bill were ignored, that matter had been
    inserted into a conference report after conferees had signed it, that
    material information concerning legislation had been withheld for the
    purpose of achieving passage of that measure in a prior Congress, and
    resolving that the Committee on Standards of Official Conduct (now
    Ethics) investigate inaccuracies in the enrollment of a bill (Feb. 16,
    2006, p. 1948); (5) alleging that known errors in the enrollment of a
    bill were ignored by the majority leadership after the President had
    transmitted to the House a return veto of the measure, admonishing the
    majority leadership for their roles therein, and directing the Committee
    on Standards of Official Conduct (now Ethics) to investigate the abuse
    of power surrounding the

    [[Page 423]]

    inaccuracies (May 22, 2008, p. 10522). The privileges of the House also
    include: (1) the integrity of its Journal (II, 1363; III, 2620) and
    messages (III, 2613); (2) unreasonable delay in transmitting an enrolled
    bill to the President (Oct. 8, 1991, p. 25761); (3) a concurrent
    resolution directing the Clerk of the House and the Secretary of the
    Senate to produce official duplicates of certain legislative papers
    (Oct. 5, 1992, p. 32064). For a discussion of the privileged status of a
    request of one House for the return of a measure messaged to the other,
    see Sec. 565, supra.
      A resolution alleging that the Chair had improperly ordered the
    interruption of audio broadcast coverage of certain House proceedings
    constitutes a question of privileges of the House (Mar. 17, 1988, p.
    4180), as does a resolution providing for an experiment in the
    telecasting and broadcasting of House proceedings (Speaker O'Neill, Mar.
    15, 1977, p. 7607). Similarly, a resolution authorizing and directing
    the Speaker to provide for the audio and visual broadcast coverage of
    the Chamber while Members are voting has been held to present a question
    of the privileges of the House, because rule V (formerly clause 9 of
    rule I), which requires complete and unedited audio and visual coverage
    of House proceedings and coverage of record votes, had not been
    implemented (Apr. 30, 1985, p. 9821).
      Integrity in the conduct of a vote may involve a question of the
    privileges of the House, including resolutions: (1) alleging intentional
    abuse of House practices and customs in holding a vote open for
    approximately three hours for the sole purpose of circumventing the
    initial will of the House and directing the Speaker to take such steps
    as necessary to prevent further abuse (Dec. 8, 2003, p. 32099), or
    alleging such abuse, both in a prior Congress and in the current one,
    and alleging illegal behavior on the House floor during one such vote
    (bribery of a public official) (Dec. 8, 2005, pp. 27811, 27812); (2)
    directing the Committee on Standards of Official Conduct (now Ethics) to
    review irregularities in the conduct of a vote in the House (Aug. 3,
    2007, p. 22746); (3) alleging irregularities in the conduct of a vote,
    directing House officers to preserve all records relating thereto, and
    establishing a select committee of investigation thereof (Aug. 3, 2007,
    p. 22768); (4) directing the Committee on Standards of Official Conduct
    (now Ethics) and a previously-established select committee to
    investigate whether a vote was held open beyond a reasonable period of
    time for the purpose of circumventing the will of the House, and
    vacating such vote (Mar. 12, 2008, p. 3855).
      A resolution alleging partiality in the manner of presiding by a
    Speaker pro tempore and stating that such actions bring dishonor and
    discredit on the House (Aug. 3, 2007, p. 22783) or alleging impropriety
    by a presiding officer, as well as alleging improper alteration of the
    Congressional Record and directing an investigation and correction
    thereof (Aug. 4, 2007, p. 23194), presents a question of the privileges
    of the House.
      Alleged improprieties in committee procedures may give rise to
    questions of the privileges of the House, including resolutions: (1)
    alleging that the chair of a committee directed his staff to request the
    Capitol Police to

    [[Page 424]]

    remove minority party members from a committee room where they were
    meeting during the reading of an amendment, alleging that the chair
    deliberately and improperly refused to recognize a legitimate and timely
    objection by a member of the committee to dispense with the reading of
    that amendment, resolving that the House disapproves of the manner in
    which the chair conducted the markup, and finding that the bill
    considered at that markup was not validly ordered reported (July 18,
    2003, p. 18698) and resolving that the House disapproves of the manner
    in which the chair summoned the Capitol Police as well as the manner in
    which he conducted the markup, finding that the bill considered at that
    markup was not validly ordered reported, and calling for a police report
    to be placed in the Record (July 23, 2003 p. 19171); (2) alleging, among
    other things, the improper and unilateral firing of nonpartisan staff of
    the Committee on Standards of Official Conduct (now Ethics) and
    directing the Speaker to appoint a bipartisan task force to address the
    efficacy of that committee so as to restore public confidence in the
    ethics process (Mar. 15, 2005, pp. 4657, 4658; Apr. 14, 2005, pp. 6399,
    6400) and directing the committee to appoint nonpartisan professional
    staff (June 9, 2005, pp. 12025, 12026); (3) alleging that the chair of a
    committee intentionally violated House rules and abused his power as
    chair during a minority day of hearings under clause 2(j) of rule XI and
    directing the chair to schedule a further day of hearings (June 16,
    2005, p. 12994); (4) alleging that the majority members of a committee
    wrongfully withheld a committee record from minority committee members
    (Jan. 24, 2007, p. 2139); (5) alleging that staff of the House
    Commission on Congressional Mailing Standards willfully applied
    different standards to submitted material on the basis of party and
    disapproving of the failure of the majority Members of that commission
    to ensure that staff executed their duties in a professional, fair, and
    impartial manner (July 29, 2009, pp. 19687, 19688); (6) disapproving the
    actions of a committee chair for alleged impropriety in interfering with
    a criminal investigation (June 29, 2012, p. _); (7) alleging that the
    chair of a committee violated House rules during a hearing and condeming
    his actions as offensive and disrespectful (Mar. 6, 2014, p. _) and
    requiring him to apologize in the well of the House (Mar. 13, 2014, p.
    _). However, charges of committee inaction (III, 2610), secret committee
    conferences (VI, 578), refusal to make a staff study available to
    certain Members and to the public (Feb. 14, 1939, p. 1370), refusal to
    give hearings or allow petitions to be read (III, 2607), refusal to
    permit committee member to take photostatic copies of committee files
    (Aug. 14, 1957, p. 14739), and calling for a determination whether a
    committee violated House rules by voting to take allegedly defamatory
    testimony in open session (June 30, 1958, p. 12690), were all held not
    to give rise to a question of the privileges of the House.
      A resolution alleging that a Member had interrupted an address by the
    President to a joint session of Congress by interjecting remarks, and
    disapproving of that behavior, presents a question of the privileges of
    the House (Sept. 15, 2009, p. 21662).

    [[Page 425]]

      The <> privileges of the House include questions relating to the
    comfort and convenience of Members and employees (III, 2629-2636), such
    as resolutions concerning the proper attire for Members in the Chamber
    when the temperature is uncomfortably warm (July 17, 1979, p. 19008); as
    well as questions relating to safety, such as resolutions requiring an
    investigation into the safety of Members in view of alleged structural
    deficiencies in the West Front of the Capitol (July 25, 1980, pp. 19762-
    64) or an insecure ceiling in the Hall (III, 2685); directing the
    appointment of a select committee to inquire into alleged fire safety
    deficiencies in the environs of the House (May 10, 1988, p. 10286); and
    directing the Sergeant-at-Arms to ensure that House personnel are
    alerted to the dangers of electronic security breaches on computer and
    information systems (June 11, 2008, p. 12233).

      A motion <> to amend
    the Rules of the House does not present a question of privilege (Speaker
    Cannon, sustained by the House, thereby overruling the House's decision
    of March 19, 1910 (VIII, 3376), which held such motion privileged (VIII,
    3377)), and a question of the privileges of the House may not be invoked
    to effect a change in the rules or standing orders of the House or their
    interpretation (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73; Sept. 9,
    1988, p. 23298; July 30, 1992, p. 20339; Jan. 31, 1996, p. 1887),
    including directions to the Speaker infringing upon the discretionary
    power of recognition under clause 2 of rule XVII (formerly clause 2 of
    rule XIV) (July 25, 1980, pp. 19762-64), for example, by requiring that
    the Speaker give priority in recognition to any Member seeking to call
    up a matter highly privileged pursuant to a statutory provision, over a
    member from the Committee on Rules seeking to call up a privileged
    report from that committee (Speaker Wright, Mar. 11, 1987, p. 5403), or
    by requiring that the Speaker state the question on overriding a veto
    before recognizing for a motion to refer (thereby overruling prior
    decisions of the Chair to change the order of precedence of motions)
    (Speaker Wright, Aug. 3, 1988, p. 20281). Similarly, a resolution
    alleging that, in light of an internationally objectionable French
    program of nuclear test detonations, for the House to receive the
    President of France in a joint meeting would be injurious to its dignity
    and to the integrity of its proceedings, and resolving that the Speaker
    withdraw the pending invitation and refrain from similar invitations,
    was held not to present a question of the privileges of the House
    because it proposed a collateral change in an order of the House
    previously adopted (that the House recess for the purpose of receiving
    the President of France) and a new rule for future cases (Jan. 31, 1996,
    p. 1887). A resolution collaterally challenging the validity or fairness
    of an adopted rule of the House by delaying its implementation was held
    not to give rise to a question of the privileges of the House (Feb. 3,
    1993, p. 1974 (sustained by tabling of appeal)). A resolution directing
    that the party ratios of all standing committees, subcommittees, and
    staffs thereof be changed within a time certain

    [[Page 426]]

    to reflect overall party ratios in the House was held to constitute a
    change in the Rules of the House and not to constitute a proper question
    of the privileges of the House (the standing rules already providing
    mechanisms for selecting committee members and staff) (Jan. 23, 1984, p.
    78). On the other hand, although the Rules of the House establish a
    procedure for fixing the ratio of majority to minority members on full
    committees and also provide that subcommittees are subject to the
    direction and control of the full committee (clause 1 of rule XI), a
    question of the privileges of the House is raised where it is alleged
    that subcommittee ratios should reflect full committee ratios
    established by the House and failure to do so denies representational
    rights at the subcommittee level (Oct. 4, 1984, p. 30042). A resolution
    alleging that a recitation of the Pledge of Allegiance at the start of
    each legislative day would enhance the dignity and integrity of the
    proceedings of the House and directing that the Speaker implement such a
    recitation as the practice of the House was held to propose a change in
    the rules and therefore not to give rise to a question of the privileges
    of the House (Sept. 9, 1988, p. 23298). A resolution directing that the
    reprogramming process established in law for legislative branch
    appropriations be subjected to third-party review for conformity with
    external standards of accounting but alleging no deviation from duly
    constituted procedure was held not to give rise to a question of the
    privileges of the House (May 20, 1992, p. 12005 (sustained by tabling of
    appeal)). A resolution to permit the Delegate of the District of
    Columbia to vote on articles of impeachment of the President in
    contravention of statutory law and the Rules of the House was held to be
    tantamount to a change in the rules and therefore not to constitute a
    question of the privileges of the House (Dec. 18, 1998, p. 27825). A
    resolution directing a standing committee to release executive-session
    material referred to it as such by special rule of the House was held to
    propose a change in the rules and, therefore, not to constitute a
    question of the privileges of the House (Sept. 23, 1998, p. 21562). A
    resolution expressing Congressional sentiment that the President should
    take specified action to achieve a desired public policy, even though
    involving executive action under a treaty (under which the Senate had
    exercised its prerogative to ratify), does not present a question of the
    privileges of the House, but rather is a legislative matter to be
    considered under ordinary rules relating to priority of business (June
    6, 2002, p. 9492 (sustained by tabling of appeal)).
      A question of the privileges of the House may not be invoked to
    prescribe a special order of business for the House, because otherwise
    any Member would be able to attach privilege to a legislative measure
    merely by alleging impact on the dignity of the House based upon House
    action or inaction (June 27, 1974, p. 21596; Feb. 7, 1995, p. 3905; Dec.
    22, 1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248; Feb. 1,
    1996, p. 2245; Oct. 10, 1998, p. 25420; Nov. 4, 1999, pp. 28528-33; June
    6, 2002, p. 9492 (sustained by tabling of appeal); Oct. 2, 2002, pp.
    18932 (sustained by tabling of appeal), 18934 (sustained by tabling of
    appeal), 18936 (sustained

    [[Page 427]]

    by tabling of appeal), 18938 (sustained by tabling of appeal); Oct. 3,
    2002, pp. 19001 (sustained by tabling of appeal), 19002 (sustained by
    tabling of appeal)). For example, the following resolutions have been
    held not to give rise to a question of the privileges of the House: (1)
    a resolution directing a committee to meet and conduct certain business
    (June 27, 1974, p. 21596; July 31, 1975, p. 26250; June 25, 2009, p.
    16440 (sustained by tabling of appeal); July 9, 2009, p. 17242
    (sustained by tabling of appeal); July 23, 2009, p. 18853 (sustained by
    tabling of appeal)); (2) a resolution amending a special order of
    business resolution (July 17, 2009, p. 18192 (sustained by tabling of
    appeal); July 24, 2009, p. 19156 (sustained by tabling of appeal)); (3)
    a resolution alleging that the inability of the House to enact certain
    legislation constituted an impairment of the dignity of the House, the
    integrity of its proceedings, and its place in public esteem, and
    resolving that the House be considered to have passed such legislation
    (Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248), exhorting it to do so
    (Mar. 11, 2008, p. 3707 (sustained by tabling of appeal); Dec. 13, 2011,
    p. _), or expressing its willingness to do so (Oct. 8, 2013, p. _); (4)
    a resolution precluding an adjournment of the House until a specified
    legislative measure is considered (Feb. 1, 1996, p. 2247; Mar. 13, 2008,
    pp. 4075, 4076 (sustained by tabling of appeal)) or precluding an
    assembly during a specified post-election period (Aug. 10, 2010, pp.
    15438, 15439 (sustained by tabling of appeal); Sept. 23, 2010, pp.
    16374-76 (sustained by tabling of appeal)); (5) a resolution prohibiting
    the House from considering a measure alleged to violate a House rule and
    to be unconstitutional (May 21, 2013, p. _). See also Sec. 702, supra,
    for a discussion of legislative propositions purporting to present
    questions of the privileges of the House.

      The <> clause
    of the rule giving questions of privilege precedence over all other
    questions except a motion to adjourn is a recognition of a well-
    established principle in the House, for it is an axiom of the
    parliamentary law that such a question ``supersedes the consideration of
    the original question, and must be first disposed of'' (III, 2522, 2523;
    VI, 595). As the business of the House began to increase it was found
    necessary to give certain important matters a precedence by rule, and
    such matters are called ``privileged questions.'' But as they relate
    merely to the order of business under the rules, they are to be
    distinguished from ``questions of privilege'' that relate to the safety
    or efficiency of the House itself as an organ for action (III, 2718). It
    is evident, therefore, that a question of privilege takes precedence
    over a matter merely privileged under the rules (III, 2526-2530; V,
    6454; VIII, 3465). Certain matters of business, arising under provisions
    of the Constitution, have been held to have a privilege that superseded
    the rules establishing the order of business, as bills providing for
    census or apportionment (I, 305-308), bills returned with the objections
    of the President (IV, 3530-3536), propositions of impeachment (see
    Sec. 604, supra), and questions incidental thereto (III, 2401, 2418; V,
    7261; July 22, 1986, p. 17306; Dec. 2, 1987, p. 33720; Jan. 3, 1989, p.
    84; Feb. 7, 1989, p. 1726), matters

    [[Page 428]]

    relating to the count of the electoral vote (III, 2573-2578),
    resolutions relating to adjournment and recess of Congress (V, 6698,
    6701-6706; Nov. 13, 1997, p. 26538), and a resolution declaring the
    Office of the Speaker vacant (VI, 35); but under later decisions certain
    of these matters that have no other basis in the Constitution or in the
    rules for privileged status, such as bills relating to census and
    apportionment, have been held not to present questions of privilege, and
    the effect of such decisions is to require all questions of privilege to
    come within the specific provisions of this rule (VI, 48; VII, 889; Apr.
    8, 1926, p. 7147) (see Sec. 702, supra).
      A resolution that presents a proper question of the privileges of the
    House (alteration of subcommittee hearing transcripts) may propose the
    creation of a select investigatory committee with subpoena authority to
    report back to the House by a date certain (June 29, 1983, p. 18104),
    but may not appropriate funds for the investigating committee from the
    contingent fund (now referred to as ``applicable accounts of the House
    described in clause 1(k)(1) of rule X'') (VI, 395).

      The <> privilege of
    the Member rests primarily on the Constitution, which grants conditional
    immunity from arrest (Sec. 90, supra) and an unconditional freedom of
    debate in the House (III, 2670, Sec. 92, supra). An assault on a Member
    within the Capitol when the House was not in session, from a cause not
    connected with the Member's representative capacity, was also held to
    involve a question of privilege (II, 1624). But there has been doubt as
    to the right of the House to interfere for the protection of Members in
    matters not connected with their official duties (II, 1277; III, 2678,
    footnote). Charges against the conduct of a Member are held to involve
    privilege when they relate to the Member's representative capacity (III,
    1828-1830, 2716; VI, 604, 612; VIII, 2479), but not when they relate to
    conduct at a time before such person became a Member (II, 1287; III,
    2691, 2723, 2725). Although questions of personal privilege normally
    involve matters touching on a Member's reputation, a Member may be
    recognized for a question of personal privilege based on a violation of
    his rights as a Member, such as unauthorized printed alterations in his
    statements made during a subcommittee hearing in a prior Congress
    (because the second phrase of this clause speaks to the ``rights,
    reputation, and conduct of Members, individually'') (June 28, 1983, p.
    17674). A printed characterization by an officer of the House of a
    Member's proposed amendments as ``dilatory and frivolous'' may give rise
    to a question of personal privilege (Aug. 1, 1985, p. 22542) as may the
    fraudulent use of a Member's official stationery as a ``Dear Colleague''
    letter (Sept. 17, 1986, p. 23605). Although a Member may be recognized
    on a question of personal privilege to complain about an abuse of House
    rules as applied to debate in which such Member was properly
    participating, such Member may not raise a question of personal
    privilege merely to complain that microphones had been turned off during
    disorderly conduct following expiration of recognition for debate (Mar.
    16, 1988, p. 4085). A Member's mere assertion of general corruption in
    the

    [[Page 429]]

    House does not support a question of personal privilege (Jan. 18, 2007,
    p. 1625).
      Speaker Wright rose to a question of personal privilege to respond to
    a ``statement of alleged violations'' pending in the Committee on
    Standards of Official Conduct (now Ethics); and, pending the committee's
    disposition of his motion to dismiss, announced his intention to resign
    as Speaker and as a Member (May 31, 1989, p. 10440). Speaker Gingrich
    rose to a question of personal privilege to discuss his own official
    conduct previously resolved by the House, which question was based upon
    press accounts (Apr. 17, 1997, p. 5834). Speaker Hastert rose to a
    question of personal privilege to discuss the process for selecting a
    Chaplain, which question was based on press accounts (Mar. 23, 2000, p.
    3478).
      A Member rose to a question of personal privilege to discuss: (1) his
    own official conduct relative to his account with the ``bank'' operated
    by the Sergeant-at-Arms, which question was based on press accounts
    (Mar. 19, 1992, p. 6074); (2) reflections on his character in pointed
    descriptions of recorded votes taken in committee on a Member's
    amendments, included in a committee report under clause 3(b) of rule
    XIII, which question was based on the report and on certain media
    coverage thereof (May 5, 2005, p. 8691; May 10, 2005, p. 9094); (3)
    allegations that he had used procedural tactics to disrupt a memorial
    service in the Rotunda for a late Member (Feb. 14, 2008, p. 2195); (4) a
    ``Dear Colleague'' alleging willful violation of the rules of the
    Committee on Standards of Official Conduct (now Ethics) by its ranking
    minority member (Mar. 12, 2008, p. 3858); (5) allegations that he
    accepted an appointment from the administration in exchange for certain
    votes (Mar. 19, 2010, p. 3945); (6) a pending investigation by the
    Committee on Standards of Official Conduct (now Ethics) of her,
    including disciplinary action taken by the committee against
    professional staff assigned to the case (Dec. 9, 2010, pp. 19394-5).
      A committee chair rose to a question of personal privilege: (1) based
    on press accounts concerning allegations by other Members that he had
    been ``buying votes'' (Mar. 26, 1998, p. 4851); (2) based on press
    accounts containing statements impugning his character and motive by
    alleging intentional violation of rules governing the conduct of an
    investigation (May 12, 1998, p. 8838); (3) to discuss his own official
    conduct, which question was based on a letter of reproval reported by
    the Committee on Standards of Official Conduct (now Ethics) (Oct. 5,
    2000, p. 21048); (4) based on press accounts impugning his character to
    discuss his decision to direct his staff to request the Capitol Police
    to remove minority party members from a committee room where they were
    meeting during the reading of an amendment at a committee markup (July
    23, 2003, p. 19171); (5) based on press accounts regarding the receipt
    of illegal gifts and campaign contributions (July 31, 2008, p. 17462)
    and violations of federal tax law (Sept. 10, 2008, p. 18419) and a
    statement of alleged violations by the Committee on Standards of
    Official Conduct (now Ethics) regarding those accusations (Aug. 10,
    2010, p. 15440).

    [[Page 430]]

      A distinction has been drawn between charges made by one Member
    against another in a newspaper or press release (July 28, 1970, p.
    26002) or in a ``Dear Colleague'' letter (Aug. 4, 1989, p. 19139; May
    14, 1996, p. 11081; Mar. 12, 2008, p. 3858), and the same when made on
    the floor (III, 1827, 2691, 2717). Charges made in newspapers against
    Members in their representative capacities involve privilege (III, 1832,
    2694, 2696-2699, 2703, 2704; VI, 576, 621; VIII, 2479), even though the
    names of individual Members are not given (III, 1831, 2705, 2709; VI,
    616, 617). But vague charges in newspaper articles (III, 2711; VI, 570),
    criticisms (III, 2712-2714; VIII, 2465), or even misrepresentations of
    the Member's speeches or acts or responses in an interview (III, 2707,
    2708; Aug. 3, 1990, p. 22135), have not been entertained. A question of
    personal privilege may not ordinarily be based merely on words spoken in
    debate (July 23, 1987, p. 20861; Mar. 16, 1988, p. 4085; Nov. 16, 1989,
    p. 29569; Sept. 25, 1996, p. 24807; Sept. 21, 2001, p. 17613; Mar. 31,
    2004, p. 5763; July 21, 2009, p. 18508) or conveyed by an exhibit in
    debate (June 28, 2000, p. 12723) and the Chair does not interpret
    remarks in debate challenged on the basis of personal privilege (July
    25, 2012, p. _). However, a Member may raise a question of personal
    privilege based upon press accounts of another Member's remarks, in
    debate or off the floor, that impugn the character or motives of that
    Member (May 15, 1984, pp. 12207, 12211; May 31, 1984, p. 14620; Mar. 27,
    2012, p. _), newspaper accounts of televised press coverage of a
    committee hearing at which that Member was criticized derogatorily (Mar.
    3, 1988, p. 3196), or press accounts arraigning personally offensive
    remarks a Member had made in debate regarding the President (Oct. 23,
    2007, p. 27967).

      The <> body of precedent relating to the precedence of questions of
    privilege spans both the adoption of this rule in 1880 and its amendment
    to require notice in certain cases in 1993.
      A question of privilege may interrupt: (1) the reading of the Journal
    (II, 1630; VI, 637); (2) the consideration of a bill (or series of
    measures) that had been made in order by a special rule (III, 2524,
    2525); (3) in an exceptional decision, where the rule thereon ordered
    the previous question to final passage without intervening motion, after
    consideration of the measure in the Committee of the Whole but before
    passage in the House (VI, 560); (4) under antiquated drafting
    conventions for special orders of business that ordered the previous
    question after debate, the consideration of certain matters on which the
    previous question has been ordered (III, 2532; VI, 561; VIII, 2688). A
    question of privilege takes precedence over (1) business in order on
    Calendar Wednesday (VI, 394; VII, 908-910), a ``suspension day'' (III,
    2553; VI, 553; June 5, 2007, p. 14600), or over certain motions given
    precedence under a special rule (VI, 565); (2) reports from the
    Committee on Rules before consideration has begun (VIII, 3491; Mar. 11,
    1987, p. 5403); (3) call of the Consent Calendar on Monday (VI, 553),
    before that Calendar was repealed (H. Res. 168, June 20, 1995, p.

    [[Page 431]]

    16574); (4) motions to resolve into the Committee of the Whole (VI, 554;
    VIII, 3461); (5) unfinished business, privileged under clauses 1 and 3
    of rule XIV (formerly rule XXIV) (Speaker Albert, June 4, 1975, p.
    16860). Because a resolution raising a question of the privileges of the
    House takes precedence over a motion to suspend the rules, it may be
    offered and voted on between motions to suspend the rules on which the
    Speaker has postponed record votes (May 17, 1983, p. 12486). In general,
    one question of privilege may not take precedence over another (III,
    2534, 2552, 2581), and the Chair's power of recognition determines which
    of two matters of equal privilege is considered first (July 24, 1990, p.
    18916). Although under rule IX a question of the privileges of the House
    takes precedence over all other questions except the motion to adjourn,
    the Speaker may, pursuant to the power of recognition under clause 2 of
    rule XVII (formerly clause 2 of rule XIV), entertain unanimous-consent
    requests for ``one-minute speeches'' pending recognition for a question
    of privilege, because such unanimous-consent requests, if granted,
    temporarily waive the standing Rules of the House relating to the order
    of business (Speaker O'Neill, July 10, 1985, p. 18394; Feb. 6, 1989, pp.
    1676-82).
      A Member's announcement of intent to offer a resolution as a question
    of privilege may take precedence over a special order reported from the
    Committee on Rules; but, if a special order is pending, such
    announcements are counted against debate on the resolution absent
    unanimous consent to the contrary (Oct. 28, 1997, pp. 23525, 23527).
      While a question of privilege is pending, a message of the President
    is received (V, 6640-6642), but is read only by unanimous consent (V,
    6639). A motion to reconsider may also be entered but may not be
    considered (V, 5673-5676). It has been held that only one question of
    privilege may be pending at a time (III, 2533), but having presented one
    question of privilege, a Member, before discussing it, may submit a
    second question of privilege related to the first and discuss both on
    one recognition (VI, 562). Although a resolution raising a question of
    the privileges of the House has precedence over all other questions, it
    is nevertheless subject to disposition by the ordinary motions permitted
    under clause 4 of rule XVI, and by the motion to commit under clause 2
    of rule XIX (formerly clause 1 of rule XVII) (Speaker Albert, Feb. 19,
    1976, p. 3914; Apr. 28, 1983, p. 10423; Mar. 22, 1990, p. 4996).

      When <> a Member proposes merely to address the House on a question
    of personal privilege, and does not offer a resolution affecting the
    dignity or integrity of the House for action, the practice as to
    precedence is somewhat different. Thus, a Member rising to a question of
    personal privilege may not interrupt a call of the yeas and nays (V,
    6051, 6052, 6058, 6059; VI, 554, 564), or take from the floor another
    Member who has been recognized for debate (V, 5002; VIII, 2459, 2528;
    Sept. 29, 1983, p. 26508; July 23, 1987, p. 20861), but may interrupt
    the ordinary legislative business (III, 2531). A Member may address the
    House on a question of personal

    [[Page 432]]

    privilege even after the previous question has been ordered on a pending
    bill (VI, 561; VIII, 2688). Under modern practice, a question of
    personal privilege may not be raised in the Committee of the Whole
    (Sept. 4, 1969, p. 24372; Dec. 13, 1973, p. 41270), the proper remedy
    being a demand that words be taken down pursuant to clause 4 of rule
    XVI; yet a breach of privilege occurring in the Committee of the Whole
    relates to the dignity of the House and is so treated (II, 1657). A
    question of personal privilege may not be raised while a question of the
    privileges of the House is pending (Apr. 30, 1985, p. 9808; May 1, 1985,
    p. 10003). The Chair may require a Member to submit for examination the
    material upon which the Member would rely before conferring recognition
    for a question of personal privilege (Jan. 18, 2007, p. 1625).

       <> During a call of the House in the absence of a quorum, only
    such questions of privilege as relate immediately to those proceedings
    may be presented (III, 2545). See also Sec. 1024, infra.

    <>   Whenever
    it is asserted on the floor that the privileges of the House are
    invaded, the Speaker entertains the question (II, 1501), and may then
    refuse recognition if the resolution is not admissible as a question of
    privilege under the rule. A proper question of privilege may be renewed
    (Nov. 17, 1995, p. 33846). Although the early custom was for the Speaker
    to submit to the House the question whether a resolution involved the
    privileges of the House (III, 2718), the modern practice is for the
    Speaker to rule directly on the question (VI, 604; Speaker Wright, Mar.
    11, 1987, p. 5404; Feb. 3, 1995, p. 3571; Feb. 7, 1995, p. 3905),
    subject to appeal where appropriate (Speaker Albert, June 27, 1974, p.
    21596). In raising a question of personal privilege, a Member in the
    first instance must apprise the Chair of the grounds on which
    recognition may be conferred (Deschler, ch. 11, Sec. 21.1; Jan. 18,
    2007, p. 1625; Sept. 10, 2008, p. 18422).
      Under the form of the rule adopted in the 103d Congress, the Speaker
    has discretion to recognize a Member other than the Majority or Minority
    Leader to proceed immediately on a resolution offered as a question of
    the privileges of the House (Speaker Foley, Feb. 3, 1993, p. 1974); and
    is not required to announce the time designated to consider a resolution
    at the time the resolution is noticed (Feb. 11, 1994, p. 2209). The
    Speaker does not rule on the privileged status of a resolution at the
    time that resolution is noticed, but only when called up (Feb. 11, 1994,
    p. 2209; Sept. 13, 1994, p. 24389; Feb. 3, 1995, p. 3571).
      Common fame has been held sufficient basis for raising a question
    (III, 2538, 2701); a telegraphic dispatch may also furnish a basis (III,
    2539). A report relating to the contemptuous conduct of a witness before
    a committee gives rise to a question of the privileges of the House and
    may, under this rule, be considered on the same day reported
    notwithstanding the requirement of clause 4(a) of rule XIII (formerly
    clause 2(l)(6) of rule XI) that reports from committees be available to
    Members for at least three

    [[Page 433]]

    calendar days before consideration (Speaker Albert, July 13, 1971, pp.
    24720-23). But a Member may not, as a matter of right, require the
    reading of a book or paper by suggesting that it contains matter
    infringing on the privileges of the House (V, 5258). In presenting a
    question of personal privilege the Member is not required in the first
    instance to offer a motion or resolution, but must take this preliminary
    step in raising a question of the privileges of the House (III, 2546,
    2547; VI, 565-569, 580; VII, 3464). Such a resolution is read in full by
    the Clerk (Oct. 10, 1998, p. 25420), and a parliamentary inquiry
    regarding its content, in the discretion of the Chair, should await the
    conclusion of the reading (Dec. 8, 2005, p. 27812). A proposition of
    privilege may lose its precedence by association with a matter not of
    privilege (III, 2551; V, 5890; VI, 395). Debate on a question of
    privilege is under the hour rule (V, 4990; VIII, 2448), but the previous
    question may be moved (II, 1256; V, 5459, 5460; VIII, 2672); since the
    103d Congress, however, the rule has provided for divided control of the
    hour in the case of a resolution offered from the floor. Consideration
    of a resolution as a question of the privileges of the House may include
    recognition for an hour of debate on a motion to refer under clause 4 of
    rule XVI (Mar. 12, 1992, p. 5557; Sept. 29, 2006, p. 21334); a separate
    hour of debate on the resolution, itself, under clause 2 of rule XVII
    (formerly clause 2 of rule XIV); and a motion to commit (not debatable
    after the ordering of the previous question) under clause 2 of rule XIX
    (formerly clause 1 of rule XVII) (Mar. 12, 1992, p. 5557). Debate on a
    letter of resignation is controlled by the Member moving the acceptance
    of the resignation (Mar. 8, 1977, pp. 6579-82) if the resigning Member
    does not seek recognition (June 16, 1975, p. 19054; June 8, 2006, p.
    10498). Debate on a question of personal privilege must be confined to
    the statements or issues that gave rise to the question of privilege (V,
    5075-77; VI, 576, 608; VIII, 2448, 2481; May 31, 1984, p. 14623). A
    Member recognized only on the question of whether a resolution qualifies
    as a question of privilege is not recognized to debate such resolution
    (Nov. 3, 2005, pp. 24757, 24758; May 21, 2013, p. _). Remarks uttered
    while not under recognition for debate do not render untimely a motion
    before debate to lay on the table a resolution offered under this rule
    (Aug. 3, 2007, p. 22783). end segment .006  deg.
    segment .007 -- rule X  deg.

    [[Page 434]]

                                     Rule X

                           organization of committees

    Committees and their legislative jurisdictions
      1. <> There shall be in the House the following standing
    committees, each of which shall have the jurisdiction and related
    functions assigned by this clause and clauses 2, 3, and 4. All bills,
    resolutions, and other matters relating to subjects within the
    jurisdiction of the standing committees listed in this clause shall be
    referred to those committees, in accordance with clause 2 of rule XII,
    as follows:

      Under the Legislative Reorganization Act of 1946 (60 Stat. 812), the
    44 committees of the 79th Congress were consolidated into 19, effective
    January 2, 1947. The number of standing committees grew over time with
    the creation of the Committee on Science and Astronautics (now Science,
    Space, and Technology), established on July 21, 1958 (p. 14513); the
    Committee on Standards of Official Conduct (now Ethics), established on
    April 13, 1967 (p. 9425); the Committee on the Budget, established on
    July 12, 1974, by the Congressional Budget Act of 1974 (88 Stat. 297);
    and the Committee on Small Business, established as a standing committee
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). The Committee on Internal Security was abolished in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20).
      The 104th Congress reduced the number to 19 by abolishing the
    Committees on the District of Columbia, Merchant Marine and Fisheries,
    and Post Office and Civil Service (sec. 202(a), H. Res. 6, Jan. 4, 1995,
    p. 464). Matters formerly in the jurisdiction of the Committees on the
    District of Columbia and Post Office and Civil Service were transferred
    to the Committee on Oversight and Government Reform (formerly Government
    Reform and Oversight); and matters formerly in the jurisdiction of the
    Committee on Merchant Marine and Fisheries were transferred to the
    Committees on Natural Resources, Transportation and Infrastructure
    (formerly Public Works and Transportation), Armed Services (National
    Security during the 104th and 105th Congresses), and Science, Space, and
    Technology (Science during the 104th through 109th Congresses) (sec.
    202(a), H. Res. 6, Jan.

    [[Page 435]]

    4, 1995, p. 464). The 109th Congress established the Committee on
    Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42).
      A Permanent Select Committee on Intelligence was established in the
    95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49). Before the
    House recodified its rules in the 106th Congress, that committee was
    found in former rule XLVIII (current clause 11 of rule X) (H. Res. 5,
    Jan. 6, 1999, p. 47). A Permanent Select Committee on Aging was added to
    clause 6 of this rule effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470) and stricken in the 103d Congress (H. Res. 5,
    Jan. 5, 1993, p. 49).
      Although earlier forms of the rule specified the number of Members
    comprising each of the standing committees, those specifications were
    eliminated in the 93d Congress, leaving to the House the authority to
    establish the sizes of committees by the numbers elected pursuant to
    clause 5 of rule X. The rules still specify part of the composition of
    the Committee on the Budget (clause 5(a)(2) of rule X), and the size and
    ratio of the Committee on Ethics (clause 5(a)(3)(A) of rule X), as well
    as the size and preferred composition of the Permanent Select Committee
    on Intelligence (clause 11(a) of rule X).
      The Speaker refers public bills in accordance with clause 1 of rule X,
    but when the House itself refers a bill it may send it to any committee
    without regard to the rules of jurisdiction (IV, 4375; V, 5527; VII,
    2131) and jurisdiction is thereby conferred (IV, 4362-4364; VII, 2105).
    Motions for change of reference of public bills and resolutions must be
    authorized by the committee claiming jurisdiction (clause 7 of rule XII;
    VII, 2121; Feb. 13, 1918, p. 2070; Jan. 10, 1941, p. 100), must be made
    immediately following the reading of the Journal (VII, 1809, 2119,
    2120), must apply to a single bill and not to a class of bills (VII,
    2125), may be amended (VII, 2127), may not be divided (VII, 2125), and
    may not be debated (VII, 2126, 2128), but are not in order on Calendar
    Wednesday (VII, 2117), and are not privileged if the original reference
    was not erroneous (VII, 2125). The rereferral of most bills, however, is
    accomplished by unanimous consent (see Procedure, ch. 17, Sec. Sec. 17-
    38).
      Before the 94th Congress, a bill could not be divided among two or
    more committees, even though it might have contained matters properly
    within the jurisdiction of several committees (IV, 4372). The Committee
    Reform Amendments of 1974 added former clause 5 of rule X (current
    clause 2 of rule XII), permitting the Speaker to refer any matter to
    more than one committee (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). That provision was amended in the 104th Congress to require the
    Speaker to designate a primary committee among those to which a matter
    is initially referred (sec. 205, H. Res. 6, Jan. 4, 1995, p. 467).
    However, the provision was amended again in the 108th Congress to permit
    the Speaker to refrain from designating a primary committee in
    extraordinary circumstances (sec. 2(i), H. Res. 5, Jan. 7, 2003, p. 7;
    see Sec. 816, infra).

    [[Page 436]]

      A committee having jurisdiction over a subject by means of a petition
    (IV, 3365) properly referred (IV, 4361) can report on the subject
    thereof. It has generally been held that a committee may not report a
    bill whereof the subject matter has not been referred to it by the House
    (IV, 4355-4360, 4372; VII, 1029, 2101, 2102). Where a House bill is
    returned from the Senate with a substitute amendment relating to a new
    and different subject, the reference could nevertheless be to the
    committee having jurisdiction over the original bill (IV, 4373, 4374);
    normally, however, such amended measures are held at the Speaker's table
    until disposed of by the House. The erroneous reference of a public bill
    under this rule, if it remains uncorrected, in effect gives jurisdiction
    (IV, 4365-4371; VII, 2108), but such is not the case with a private bill
    or petition (IV, 3364, 4382-4389) unless the reference be made by action
    of the House itself (IV, 4390, 4391; VII 2131). A point of order as to
    the reference of a private bill is timely when the bill comes up for
    consideration, either in the House or in the Committee of the Whole (IV,
    4382-4389; VII, 2116, 2132; VIII, 2262) or at any time before passage
    (VII, 2116). The reference of a bill to a committee involving the same
    subject matter as a bill previously reported confers jurisdiction anew
    upon the committee to consider and report the bill subsequently
    introduced (VIII, 2311).
      Clause 4 of rule XII prohibits the receipt or consideration of certain
    private bills relating to claims, pensions, construction of bridges, and
    the correction of military or naval records. In the 104th Congress the
    House adopted a rule to prohibit introduction or consideration of any
    bill or resolution expressing a commemoration by designation of a
    specified period of time (current clause 5 of rule XII, former clause 2
    of rule XXII) (sec. 216, H. Res. 6, Jan. 4, 1995, p. 468).

      (a) Committee on Agriculture.
          (1) <> Adulteration of seeds, insect
    pests, and protection of birds and animals in forest reserves.
          (2) Agriculture generally.
          (3) Agricultural and industrial chemistry.
          (4) Agricultural colleges and experiment stations.
          (5) Agricultural economics and research.
          (6) Agricultural education extension services.
          (7) Agricultural production and marketing and stabilization of
    prices of agricultural prod

    [[Page 437]]

    ucts, and commodities (not including distribution outside of the United
    States).
          (8) Animal industry and diseases of animals.
          (9) Commodity exchanges.
          (10) Crop insurance and soil conservation.
          (11) Dairy industry.
          (12) Entomology and plant quarantine.
          (13) Extension of farm credit and farm security.
          (14) Inspection of livestock, poultry, meat products, and seafood
    and seafood products.
          (15) Forestry in general and forest reserves other than those
    created from the public domain.
          (16) Human nutrition and home economics.
          (17) Plant industry, soils, and agricultural engineering.
          (18) Rural electrification.
          (19) Rural development.
          (20) Water conservation related to activities of the Department of
    Agriculture.

      This committee was established in 1820 (IV, 4149). In 1880 the subject
    of forestry was added to its jurisdiction, and the committee was
    conferred authority to receive estimates of and to report appropriations
    (IV, 4149). However, on July 1, 1920, authority to report appropriations
    for the Department of Agriculture was transferred to the Committee on
    Appropriations (VII, 1860).
      The basic form of the present jurisdictional statement was made
    effective January 2, 1947, as a part of the Legislative Reorganization
    Act of 1946 (60 Stat. 812). Subparagraph (7) was altered by the 93d
    Congress, effective January 3, 1975, to include jurisdiction over
    agricultural commodities (including the Commodity Credit Corporation
    (CCC)) while transferring jurisdiction over foreign distribution and
    nondomestic production of commodities to the Committee on Foreign
    Affairs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Nevertheless,
    the committee has retained limited jurisdiction over measures to release
    CCC stocks for such foreign distribution (Sept. 14, 1989, p. 20428).
    Previously unstated jurisdictions over commod

    [[Page 438]]

    ities exchanges and rural development were codified effective January 3,
    1975.
      The 104th Congress consolidated the committee's jurisdiction over
    inspection of livestock and meat products to include inspection of
    poultry, seafood, and seafood products, and added subparagraph (20)
    relating to water conservation (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
    464). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    47).
      The committee has had jurisdiction over bills for establishing and
    regulating the Department of Agriculture (IV, 4150), for inspection of
    livestock and meat products, regulation of animal industry, diseases of
    animals (IV, 4154; VII, 1862), adulteration of seeds, insect pests,
    protection of birds and animals in forest reserves (IV, 4157; VII,
    1870), the improvement of the breed of horses, even with the cavalry
    service in view (IV, 4158; VII, 1865), and, in addition to the Committee
    on Energy and Commerce, amending the Horse Protection Act to prevent the
    shipping, transporting, moving, delivering, or receiving of horses to be
    slaughtered for human consumption (July 13, 2006, p. 14304).
      The committee, having charge of the general subject of forestry, has
    reported bills relating to timber, and forest reserves other than those
    created from the public domain (IV, 4160). The Committee on Natural
    Resources, and not this committee, has jurisdiction over a bill to
    convey land that is part of a National Forest created from the public
    domain (Mar. 23, 2004, p. 4926). The committee also has exercised
    jurisdiction over bills: relating to agricultural colleges and
    experiment stations (IV, 4152), incorporation of agricultural societies
    (IV, 4159), and establishment of a highway commission (IV, 4153); to
    discourage fictitious and gambling transactions in farm products (IV,
    4161; VII, 1861); to regulate the transportation, sale, and handling of
    dogs and cats intended for use in research and the licensing of animal
    research facilities (July 29, 1965, p. 18691); to designate an
    agricultural research center (May 14, 1996, p. 11070). The committee
    shares with the Committee on the Judiciary jurisdiction over a bill
    comprehensively amending the Immigration and Nationality Act and
    including food stamp eligibility requirements for aliens (Sept. 19,
    1995, p. 25533).
      The House referred the President's message dealing with the
    refinancing of farm-mortgage indebtedness to the committee, thus
    conferring jurisdiction (Apr. 4, 1933, p. 1209).
      The committee has jurisdiction over a bill relating solely to
    executive level positions in the Department of Agriculture (Mar. 2,
    1976, p. 4958) and has jurisdiction over bills to develop land and water
    conservation programs on private and non-Federal lands (June 7, 1976, p.
    16768).

      (b) Committee on Appropriations.
          (1) <>   Appropriation of the
    revenue for the support of the Government.

    [[Page 439]]

          (2) Rescissions of appropriations contained in appropriation Acts.
          (3) Transfers of unexpended balances.
          (4) Bills and joint resolutions reported by other committees that
    provide new entitlement authority as defined in section 3(9) of the
    Congressional Budget Act of 1974 and referred to the committee under
    clause 4(a)(2).
          (5) Bills and joint resolutions that provide new budget authority,
    limitation on the use of funds, or other authority relating to new
    direct loan obligations and new loan guarantee commitments referencing
    section 504(b) of the Congressional Budget Act of 1974.

      This committee was established in 1865, when all the general
    appropriation bills were confided to its care. In 1885 a portion of the
    bills were distributed to other committees. On July 1, 1920, the
    committee again was given jurisdiction over all appropriation measures
    (VII, 1741).
      In the 95th Congress this paragraph was amended to correct a
    typographical error (H. Res. 5, Jan. 4, 1977, p. 53). Subparagraph (4)
    was amended in the 105th and 106th Congresses to conform to changes made
    by the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33; H. Res.
    5, Jan. 6, 1999, p. 47). Subparagraph (5) was added in the 114th
    Congress (sec. 2(a)(2)(B), H. Res. 5, Jan. 6, 2015, p. _). When the
    House recodified its rules in the 106th Congress, it transferred an
    undesignated portion of this paragraph to clause 3(f)(2) of rule XIII
    (H. Res. 5, Jan. 6, 1999, p. 47).
      The authority to conduct studies and examinations of the organization
    and operation of executive departments and agencies was first given to
    this committee on February 11, 1943 (p. 884); continued by resolution of
    January 9, 1945 (p. 135); and incorporated into permanent law in section
    202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812).
    This authority was first made part of the standing rules on January 3,
    1953 (pp. 17, 24), and is now listed as a special oversight
    responsibility of the committee in clause 3 of rule X, effective January
    3, 1975 (formerly clause 2(b)(3) of rule X) (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). The committee is also authorized and directed
    to hold hearings on the budget as a whole in open session within 30 days
    of its submission (clause 4(a)(1)(A) of rule X), and to study on a
    continuing basis provisions of law providing spending authority or
    permanent budget authority and to report

    [[Page 440]]

    to the House recommendations for terminating or modifying such
    provisions (clause 4(a)(3) of rule X). The requirement of section 139 of
    the Legislative Reorganization Act of 1946 (60 Stat. 812) that the
    Committees on Appropriations of the House and Senate develop a standard
    appropriation classification schedule was superseded by section 202(a)
    of the Legislative Reorganization Act of 1970 (84 Stat. 1167), which now
    imposes that responsibility upon the Secretary of the Treasury and the
    Office of Management and Budget. The further requirement of section 139
    of the 1946 Act that the Appropriations Committees study existing
    permanent appropriations and recommend which, if any, should be
    discontinued was made the responsibility of all standing committees of
    the House by clause 4(e) of rule X, through enactment of section 253 of
    the 1970 Act (84 Stat. 1175).
      Effective <> July
    12, 1974, special Presidential messages on rescissions and deferrals of
    budget authority submitted pursuant to sections 1012 and 1013 of the
    Impoundment Control Act of 1974 (2 U.S.C. 683, 684), as well as
    rescission bills and impoundment resolutions defined in section 1011 (2
    U.S.C. 682) and required in section 1017 (2 U.S.C. 688) to be referred
    to the appropriate committee, are referred to the Committee on
    Appropriations if the proposed rescissions or deferrals involve funds
    already appropriated or obligated. Also effective July 12, 1974, the
    Congressional Budget Act of 1974 (sec. 404(a)) added to the committee's
    jurisdiction, which was later perfected by the Committee Reform
    Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470,
    subparagraphs (2), (3), and (4)).

      (c) Committee on Armed Services.
          (1) <> Ammunition depots; forts;
    arsenals; and Army, Navy, and Air Force reservations and establishments.
          (2) Common defense generally.
          (3) Conservation, development, and use of naval petroleum and oil
    shale reserves.
          (4) The Department of Defense generally, including the Departments
    of the Army, Navy, and Air Force, generally.
          (5) Interoceanic canals generally, including measures relating to
    the maintenance, operation, and administration of interoceanic canals.

    [[Page 441]]

          (6) Merchant Marine Academy and State Maritime Academies.
          (7) Military applications of nuclear energy.
          (8) Tactical intelligence and intelligence-related activities of
    the Department of Defense.
          (9) National security aspects of merchant marine, including
    financial assistance for the construction and operation of vessels,
    maintenance of the U.S. shipbuilding and ship repair industrial base,
    cabotage, cargo preference, and merchant marine officers and seamen as
    these matters relate to the national security.
          (10) Pay, promotion, retirement, and other benefits and privileges
    of members of the armed forces.
          (11) Scientific research and development in support of the armed
    services.
          (12) Selective service.
          (13) Size and composition of the Army, Navy, Marine Corps, and Air
    Force.
          (14) Soldiers' and sailors' homes.
          (15) Strategic and critical materials necessary for the common
    defense.
          (16) Cemeteries administered by the Department of Defense.

      This committee was established January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
    Committee on Military Affairs with the Committee on Naval Affairs, both
    of which had been created in 1822 (IV, 4179, 4189) and had jurisdiction
    over appropriations from 1885 to 1920 (IV, 4179, 4189; VII, 1741). The
    committee was redesignated the Committee on National Security in the
    104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464) and was
    redesignated again the Committee on Armed Services in the 106th Congress
    (H. Res. 5, Jan. 6, 1999, p. 47). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress,
    including the deletion

    [[Page 442]]

    of a redundant undesignated recitation of a special oversight function
    (H. Res. 5, Jan. 6, 1999, p. 47).
      Much of the present legislative jurisdiction in this paragraph was
    adopted on January 3, 1953 (p. 17), to reflect jurisdiction over the
    Department of Defense, which was created in the National Security Act of
    1947 (61 Stat. 495). In the 95th Congress, when the Joint Committee on
    Atomic Energy was abolished, this committee gained jurisdiction over
    military applications of nuclear energy (H. Res. 5, Jan. 4, 1977, p.
    53). The 104th Congress added subparagraph (8) for clarification and
    subparagraphs (5), (6), and (9) to reflect the transfer of those matters
    from the former Committee on Merchant Marine and Fisheries (sec. 202(a),
    H. Res. 6, Jan. 4, 1995, p. 464), and later amended subparagraph (8) to
    effect a technical correction (H. Res. 254, Nov. 30, 1995, p. 35077).
    The 112th Congress added subparagraph (16), a matter formerly within the
    sole jurisdiction of the Committee on Veterans' Affairs (sec. 2(e)(6),
    H. Res. 5, Jan. 5, 2011, p. 80).
      The committee has jurisdiction over bills: relating to military
    housing construction (Feb. 21, 1962, p. 2684; Apr. 18, 1967, p. 9981);
    amending title 10 of the United States Code to permit suits against the
    United States for damage to reputation of members of Armed Forces
    acquitted of charges of crimes against civilians in combat zones (July
    15, 1970, p. 24451); for construction of military medical facilities
    (Oct. 3, 1966, p. 24859); to require military commissary, post exchange,
    and medical care privileges for veterans with sufficient service-
    connected disabilities (Feb. 3, 1976, p. 1972); of a private character
    to waive the statutory time limit on the award of the Congressional
    Medal of Honor to individuals (Feb. 22, 1982, p. 1812); including
    authorization of appropriations to the Department of Energy for resource
    applications for naval petroleum and oil shale reserves (May 1, 1978, p.
    11946); and effecting the transfer of military property to a State to be
    designated by the State as a wilderness area (Nov. 15, 1995, p. 32627).
      The committee exercised jurisdiction with the Committee on Interior
    and Insular Affairs (now Natural Resources) over a resolution regarding
    continued operation of the Hanford Nuclear Reactor to produce power for
    the Bonneville Power Administration (July 17, 1986, p. 16888).

      (d) Committee on the Budget.
          (1) Concurrent resolutions on the <> budget (as defined in section 3(4) of the Congressional Budget
    Act of 1974), other matters required to be referred to the committee
    under titles III and IV of that Act, and other measures setting forth
    appropriate

    [[Page 443]]

    levels of budget totals for the United States Government.
          (2) Budget process generally.
          (3) Establishment, extension, and enforcement of special controls
    over the Federal budget, including the budgetary treatment of off-budget
    Federal agencies and measures providing exemption from reduction under
    any order issued under part C of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

      This committee was established in the 93d Congress, effective July 12,
    1974, by section 101 of the Congressional Budget Act of 1974 (88 Stat.
    299). The separate subpoena authority conferred upon the committee by
    section 101(b) of that Act has been superseded by the general grant of
    subpoena authority to all committees in clause 2(m) of rule XI (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). The committee is also charged
    with the special oversight functions as described in clause 3(c) and
    clause 4(b) of rule X.
      Before the House recodified its rules in the 106th Congress, this
    paragraph consisted of the committee's legislative jurisdiction (current
    paragraph (d)), its oversight jurisdiction (current clause 4 of rule X),
    and its composition (current clause 5(a)(2) of rule X (H. Res. 5, Jan.
    6, 1999, p. 47)).
      In the 99th Congress this paragraph was again amended by section
    232(h) of the Balanced Budget and Emergency Deficit Control Act of 1985,
    to confer jurisdiction over Senate joint or concurrent resolutions
    constituting congressional responses to a Presidential sequestration
    order issued pursuant to a report of the Comptroller General under
    section 252(b) of that Act (P.L. 99-177). It was again amended by the
    Budget Enforcement Act of 1990 to conform subparagraph (2) to changes in
    the congressional budget laws (tit. XIII, P.L. 101-508). In the 104th
    Congress, the House amended the paragraph to expand the limited
    legislative jurisdiction of the committee by: (1) adding other measures
    setting forth appropriate levels of budget totals to subparagraph (2)
    (now subparagraph (1)); (2) granting the committee jurisdiction over the
    congressional budget process generally in a new subparagraph (3) (now
    subparagraph (2)); and (3) granting the committee jurisdiction over
    special controls over the Federal budget in a new subparagraph (4) (now
    subparagraph (3)), including receiving from the former Committee on
    Government Operations (now Oversight and Government Reform) jurisdiction
    over budgetary treatment of off-budget Federal agencies and measures
    providing exemption from seques

    [[Page 444]]

    tration orders issued under the Balanced Budget and Emergency Deficit
    Control Act (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Three
    rereferrals from the Committee on Government Reform and Oversight (now
    Oversight and Government Reform) to the Committee on the Budget marked
    this migration of off-budget treatment jurisdiction: (1) the Committee
    on the Budget has primary jurisdiction over a bill excluding from the
    budget the Civil Service Retirement and Disability Fund (although the
    Committee on Oversight and Government Reform retains programmatic
    jurisdiction over that Fund); (2) the Committee on the Budget has
    primary jurisdiction over a bill excluding from the budget the Highway
    Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways
    Trust Fund, and the Harbor Maintenance Trust Fund (although the
    Committee on Transportation and Infrastructure retains programmatic
    jurisdiction); and (3) the Committee on the Budget has secondary
    jurisdiction over a bill amending title 49 of the United States Code and
    providing off-budget treatment for the Highway Trust Fund, the Airport
    and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor
    Maintenance Trust Fund (Dec. 6, 1995, p. 35572). The chair of the
    Committee on the Budget inserted in the Congressional Record a
    memorandum of understanding between this committee and the Committee on
    Rules to clarify each Committee's jurisdiction over the congressional
    budget process (Jan. 4, 1995, p. 617). In the 105th Congress the
    jurisdictional statement in subparagraph (2), previously confined to the
    congressional budget process, was broadened to encompass also the
    executive budget process formerly included in the jurisdiction of the
    Committee on Government Reform and Oversight (now Oversight and
    Government Reform) (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). This committee, and
    not the Committee on Ways and Means, has jurisdiction over a bill
    establishing a rule of sequestration under the Balanced Budget and
    Emergency Deficit Control Act (Dec. 15, 2000, p. 27085). This committee
    has primary jurisdiction, and the Committee on Ways and Means has
    additional jurisdiction, over a bill taking Social Security trust funds
    off budget (Dec. 15, 2000, p. 27085). This committee has primary
    jurisdiction, and the Committee on Rules has additional jurisdiction,
    over a bill amending the Budget Act to establish new legislative points
    of order and directing that the President include a specified matter
    with the budget (Feb. 13, 2001, p. 1817).

      (e) Committee on Education and the Workforce.
          (1) Child labor.
           <> (2) Gallaudet
    University and Howard University and Hospital.

    [[Page 445]]

          (3) Convict labor and the entry of goods made by convicts into
    interstate commerce.
          (4) Food programs for children in schools.
          (5) Labor standards and statistics.
          (6) Education or labor generally.
          (7) Mediation and arbitration of labor disputes.
          (8) Regulation or prevention of importation of foreign laborers
    under contract.
          (9) Workers' compensation.
          (10) Vocational rehabilitation.
          (11) Wages and hours of labor.
          (12) Welfare of miners.
          (13) Work incentive programs.

      This committee was established on January 2, 1947, as part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
    Committee on Education (created in 1867) (IV, 4242) and the Committee on
    Labor (created in 1883) (IV, 4244). When it was redesignated as the
    Committee on Economic and Educational Opportunities in the 104th
    Congress, the jurisdictional statement remained unchanged except by the
    combination of labor standards and labor statistics in a single
    subparagraph (5) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the
    105th Congress the committee was redesignated the Committee on Education
    and the Workforce (H. Res. 5, Jan. 7, 1997, p. 121), was redesignated
    the Committee on Education and Labor in the 110th Congress (sec. 212(a),
    H. Res. 6, Jan. 4, 2007, p. 19), and was redesignated again as the
    Committee on Education and the Workforce in the 112th Congress (sec.
    2(e)(7), H. Res. 5, Jan. 5, 2011, p. 80).
      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the committee gained jurisdiction over food programs for children in
    schools, an expansion of earlier jurisdiction over school-lunch programs
    (subpara. (4)), work incentive programs (subpara. (13)), and Indian
    education, a matter formerly within the specific jurisdiction of the
    Committee on Interior and Insular Affairs (now Natural Resources);
    jurisdiction of the committee over international education matters was
    specifically transferred to the Committee on Foreign Affairs; and its
    special oversight function was inserted in clause 3(c) of rule X
    (current clause 3(d) of rule X) (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress, including the deletion of
    obsolete references to the Columbia

    [[Page 446]]

    Institution for the Deaf, Dumb, and Blind, Freedmen's Hospital, and the
    United States Employees' Compensation Commission and the deletion of a
    redundant undesignated recitation of general and special oversight
    functions (H. Res. 5, Jan. 6, 1999, p. 47).
      The committee has jurisdiction over bills dealing with juvenile
    delinquency (Jan. 22, 1959, p. 1027), runaway youth (July 12, 1973, p.
    23633; Sept. 10, 1973, p. 28970), education of Indians (Apr. 15, 1975,
    p. 10247; June 10, 1991, p. 14049), including the Native American
    Programs Act (Oct. 30, 1997, p. 23967), and compensation for work
    injuries to Federal employees (Apr. 16, 1975, p. 10339); over bills
    amending the Community Services Block Grant Act to continue antipoverty
    programs originally authorized by the Economic Opportunity Act of 1964
    (Nov. 4, 1993, p. 27359); and over an executive communication proposing
    draft legislation to amend the Labor Management Relations Act and the
    Employee Retirement Income Security Act (Mar. 24, 1983, p. 7402). The
    committee shares with the Committee on the Judiciary jurisdiction over a
    bill comprehensively amending the Immigration and Nationality Act and
    including provisions addressing the enforcement of labor laws (Sept. 19,
    1995, p. 25533). The committee has additional jurisdiction (Energy and
    Commerce has primary jurisdiction) over a developmental disabilities
    assistance and family support bill (Feb. 10, 2000, p. 1023). The
    jurisdiction of this committee over education and vocational
    rehabilitation does not include those subjects as they relate to
    veterans, which fall under the jurisdiction of the Committee on
    Veterans' Affairs. This committee, and not also the Committees on
    Oversight and Government Reform and House Administration, has
    jurisdiction over a bill amending the Family and Medical Leave Act of
    1993 to address only private-sector employees (Oct. 30, 2007, p. 28651).

      (f) Committee on Energy and Commerce.
          (1) Biomedical research and development.
           <> (2) Consumer affairs and
    consumer protection.
          (3) Health and health facilities (except health care supported by
    payroll deductions).
          (4) Interstate energy compacts.
          (5) Interstate and foreign commerce generally.
          (6) Exploration, production, storage, supply, marketing, pricing,
    and regulation of energy resources, including all fossil fuels, solar en

    [[Page 447]]

    ergy, and other unconventional or renewable energy resources.
          (7) Conservation of energy resources.
          (8) Energy information generally.
          (9) The generation and marketing of power (except by federally
    chartered or Federal regional power marketing authorities); reliability
    and interstate transmission of, and ratemaking for, all power; and
    siting of generation facilities (except the installation of
    interconnections between Government waterpower projects).
          (10) General management of the Department of Energy and management
    and all functions of the Federal Energy Regulatory Commission.
          (11) National energy policy generally.
          (12) Public health and quarantine.
          (13) Regulation of the domestic nuclear energy industry, including
    regulation of research and development reactors and nuclear regulatory
    research.
          (14) Regulation of interstate and foreign communications.
          (15) Travel and tourism.

    The committee shall have the same jurisdiction with respect to
    regulation of nuclear facilities and of use of nuclear energy as it has
    with respect to regulation of nonnuclear facilities and of use of
    nonnuclear energy.

      The committee dates from 1795 (IV, 4096). Effective January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the name of the
    committee was changed from Interstate and Foreign Commerce to Commerce
    and Health. Effective January 14, 1975, it was redesignated as
    Interstate and

    [[Page 448]]

    Foreign Commerce (H. Res. 5, 94th Cong., p. 20). In the 96th Congress it
    was redesignated as Energy and Commerce and given much of its present
    jurisdiction, effective January 3, 1981 (H. Res. 549, Mar. 25, 1980, pp.
    6405-10; note publication of intercommittee memoranda of understanding).
    In the 104th Congress it was redesignated as the Committee on Commerce
    (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 107th Congress it
    was redesignated again as the Committee on Energy and Commerce (sec.
    2(d), H. Res. 5, Jan. 3, 2001, p. 25).
      In the 74th Congress the jurisdictional statement of the committee was
    amended to include jurisdiction over bills relating to radio, and to
    transfer jurisdiction over water transportation, Coast Guard, lifesaving
    service, lighthouses, lightships, ocean derelicts, Coast and Geodetic
    Survey, and the Panama Canal to the former Committee on Merchant Marine
    and Fisheries (VII, 1814, 1847), but with the demise of the latter
    committee in the 104th Congress, the latter subjects now reside in the
    jurisdiction of the Committee on Transportation and Infrastructure,
    except that the Committee on National Security (now Armed Services) has
    jurisdiction over the Panama Canal (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. 464). In the 85th Congress matters relating to the Bureau of
    Standards, standardization of weights and measures, and the metric
    system (conferred on the committee by the Legislative Reorganization Act
    of 1946, 60 Stat. 812), were transferred to the Committee on Science and
    Astronautics (now Science, Space, and Technology) (July 21, 1958, p.
    14513). In the Committee Reform Amendments of 1974, effective January 3,
    1975, the committee obtained specific jurisdiction over consumer affairs
    and consumer protection (subpara. (2)), travel and tourism (subpara.
    (15)), health and health facilities, except health care supported by
    payroll deductions (subpara. (3)) (a matter formerly within the
    jurisdiction of the Committee on Ways and Means), and biomedical
    research and development (subpara. (1)), and was released of
    jurisdiction over civil aeronautics to the Committee on Public Works and
    Transportation (now Transportation and Infrastructure), jurisdiction
    over civil aviation research and development, energy and environmental
    research and development, and the National Weather Service to the
    Committee on Science and Technology (now Science, Space, and
    Technology), and jurisdiction over trading with the enemy to the
    Committee on Foreign Affairs (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). In the 95th Congress, when the legislative jurisdiction of the
    Joint Committee on Atomic Energy in the House was transferred to various
    standing committees, this committee was given the same jurisdiction over
    nuclear energy as it had over nonnuclear energy and facilities (H. Res.
    5, Jan. 4, 1977, pp. 53-70). In the 96th Congress the committee obtained
    specific jurisdiction over national energy policy generally (subpara.
    (11)), measures relating to exploration, production, storage, supply,
    marketing, pricing, and regulation of energy resources (subpara. (6)),
    measures relating to conservation of energy resources (subpara. (7)),
    measures relating to energy information generally (subpara. (8)),
    measures relating to the

    [[Page 449]]

    generation, marketing, interstate transmission of, and ratemaking for
    power as well as the siting of generation facilities, with certain
    exceptions (subpara. (9)), interstate energy compacts (subpara. (4)),
    and measures relating to general management of the Department of Energy
    and all functions of the Federal Energy Regulatory Commission (subpara.
    (10)) (H. Res. 549, Mar. 25, 1980, pp. 6405-10). In the 104th Congress
    the committee's jurisdiction over inland waterways and railroads
    (including railroad labor, retirement, and unemployment) was transferred
    to the Committee on Transportation and Infrastructure, and jurisdiction
    over measures relating to the commercial application of energy
    technology was transferred to the Committee on Science (now Science,
    Space, and Technology), while the committee obtained jurisdiction over
    regulation of the domestic nuclear energy industry (subpara. (13)) from
    the Committee on Natural Resources (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. 464). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47). In the 107th Congress the committee's jurisdiction over
    securities and exchanges was transferred to the Committee on Financial
    Services (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). The Speaker
    inserted in the Congressional Record a memorandum of understanding
    between the two committees to clarify the nature of this transfer (Jan.
    30, 2001, p. 995), the final two paragraphs of which no longer provide
    jurisdictional guidance (Jan. 4, 2005, p. 71).
      The committee has the special oversight responsibility under clause
    3(e) of rule X as well as the general oversight responsibility required
    by clause 2 of rule X. This special oversight responsibility was
    expanded in the 96th Congress to include all energy, effective January
    3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). In the 104th Congress
    it was again expanded to include nonmilitary nuclear energy and research
    and development including the disposal of nuclear waste (sec. 202(a), H.
    Res. 6, Jan. 4, 1995, p. 464), though a conforming change in clause 3
    was inadvertently omitted.
      The committee formerly reported the river and harbor appropriation
    bill, but in 1883 the Committee on Rivers and Harbors was created for
    that role (IV, 4096), and since the 66th Congress such appropriations
    have been reported by the Committee on Appropriations.
      The committee has general jurisdiction over bills affecting domestic
    and foreign commerce, except such as may affect the revenue (IV, 4097).
    It also has jurisdiction over bills authorizing the construction of
    marine hospitals and the acquisition of sites therefor (IV, 4110; VII,
    1816), the general subjects of quarantine and the establishment of
    quarantine stations (IV, 4109), health, spread of leprosy and other
    contagious diseases, international congress of hygiene, etc. (IV, 4111).
    This committee formerly had jurisdiction over bills proposing
    construction of bridges across navigable streams, which now are banned
    under clause 4 of rule XII if private (see Sec. 822, infra; see also
    General Bridge Act, 33 U.S.C. 525).
      Before the 104th Congress the committee considered bills regulating
    railroads in their interstate commerce relations (IV, 414) and exercised
    juris

    [[Page 450]]

    diction with the Committees on Education and Labor (now Education and
    the Workforce) and Public Works and Transportation (now Transportation
    and Infrastructure) over bills providing labor protections to workers in
    the transportation industry, including railroad employees (Feb. 24,
    1993, p. 3577). The committee considers bills relating to commercial
    travelers as agents of interstate commerce and the branding of articles
    going into such commerce (IV, 4115), the prevention of the carriage of
    indecent and harmful pictures or literature (IV, 4116), the adulteration
    and misbranding of foods and drugs (IV, 4112), and protection of game
    through prohibition of interstate transportation (IV, 4117). The
    committee has jurisdiction over bills imposing safety standards on motor
    vehicles purchased by the U.S. Government (Feb. 16, 1959, p. 2420),
    bills creating civil remedies for false advertising or other violations
    of commercial ethics (June 4, 1962, p. 9601), and bills to assist
    financing of the Arctic Winter Games in Alaska (June 7, 1972, p. 19935).
    The committee had jurisdiction over a bill to reauthorize the
    Developmental Disabilities Assistance and Bill of Rights Act (ultimately
    repealed), which was focused on health matters rather than job training
    (June 1, 1981, p. 11028; Nov. 3, 1993, p. 27274). This committee and, in
    addition, the Committee on Education and the Workforce, have
    jurisdiction over the Developmental Disabilities Assistance and Bill of
    Rights Act of 1999 (which replaced the above-mentioned Act) as it
    contained a family support program within the jurisdiction of the
    Committee on Education and the Workforce (Feb. 10, 2000, p. 1023). In
    the 94th Congress, the committee gained jurisdiction over bills amending
    the Lead-Based Paint Poisoning Prevention Act and bills dealing with
    nursing home construction as public health matters (June 10, 1975, p.
    18009).

      (g) Committee on Ethics.
          The Code of Official Conduct.

      In <> the 90th Congress the Committee on
    Standards of Official Conduct was established as a standing committee
    (H. Res. 418, Apr. 13, 1967, p. 9425). Its precursor was the Select
    Committee on Standards and Conduct, created in the 89th Congress (H.
    Res. 1013, Oct. 19, 1966, pp. 27713-30). At various times in its
    history, the legislative jurisdiction of the committee has included
    jurisdiction over measures relating to (1) financial disclosure by
    Members, officers, and employees of the House (H. Res. 1099, 90th Cong.,
    Apr. 3, 1968, p. 8776); (2) the raising, reporting, and use of campaign
    contributions for candidates for the House (H. Res. 988, 93d Cong., Oct.
    8, 1974, p. 34470); and (3) lobbying activities (H. Res. 1031, 91st
    Cong., July 8, 1970, p. 23141). However, legislative jurisdiction over
    measures relating to financial disclosure was transferred to the
    Committee on Rules in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp.
    53-70); legislative jurisdiction over measures relating to campaign
    contributions for candidates for the House was transferred to House
    Administration, and legislative jurisdiction over measures relating to
    lobbying activities was removed from the committee (thereby devolv

    [[Page 451]]

    ing on the Committee on the Judiciary) in the 94th Congress (H. Res. 5,
    Jan. 14, 1975, p. 20). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress, including the
    deletion of a redundant undesignated recitation of general and special
    functions (H. Res. 5, Jan. 6, 1999, p. 47). In the 112th Congress it was
    redesignated as the Committee on Ethics (sec. 2(e)(8), H. Res. 5, Jan.
    5, 2011, p. 80).
      Three rules relating to the official conduct of Members outside the
    confines of rule XXIII, the ``Code of Official Conduct,'' are as
    follows: rule XXIV, limitations on use of official funds, rule XXV,
    limitations on outside earned income and acceptance of gifts, and rule
    XXVII, disclosure of employment negotiations.
      Under clause 5(a) of rule XIII, the committee is empowered to report
    as privileged resolutions recommending action by the House of
    Representatives with respect to the official conduct of an individual
    Member, officer, or employee of the House.
      In addition to its legislative jurisdiction, the committee has the
    general oversight responsibility set forth in clause 2(b) and the
    additional functions of conducting the investigations and making the
    reports and recommendations required by clause 5 of rule XIII or by
    resolution of the House (see, e.g., H. Res. 252, 95th Cong., Feb. 9,
    1977, pp. 3966-75, directing investigation of gifts from the Korean
    Government; H. Res. 1042, 94th Cong., Feb. 16, 1976, pp. 3158-61,
    directing investigation of unauthorized publication of report of Select
    Committee on Intelligence; and H. Res. 608, 96th Cong., Mar. 27, 1980,
    pp. 6995-98, relating to ``Abscam'').
      The committee has investigated roll call procedures in the House and
    recommended installation of a modernized voting system (June 19, 1969,
    p. 16629). In the 95th Congress the committee was authorized by section
    515 of Public Law 95-105 to act as the ``employing agency'' for the
    House of Representatives under the Foreign Gifts and Decorations Act,
    and the committee promulgated regulations under that statute concerning
    acceptance of foreign gifts and decorations by Members and employees
    (Jan. 23, 1978, p. 452). In the 96th Congress the committee was assigned
    as additional responsibilities the functions designated in title I of
    the Ethics in Government Act of 1978 (P.L. 95-521) relating to the
    administration of government ethics laws as they apply to Members,
    officers, and employees of the House (H. Res. 5, Jan. 15, 1979, p. 7).
    In the 102d Congress those responsibilities were enlarged to include the
    functions designated in title V of the Act and the specified sections of
    title 5, United States Code (H. Res. 5, Jan. 3, 1991, p. 39).
      The committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (110th Cong., 2d Sess.). In the Manual, the
    committee incorporates its advisory opinions issued under clause 3(a)(4)
    of rule XI, together with advisory opinions issued by the former Select
    Committee on Ethics, in its discussions of various ethical issues,
    including gifts, outside income, financial disclosure, staff rights and
    duties, official

    [[Page 452]]

    allowances and franking, casework considerations, campaign financing and
    practices, and involvement with official and unofficial organizations.
      In the 95th <> Congress, the House established a Select Committee on Ethics
    and granted it exclusive legislative jurisdiction over bills that
    incorporated into permanent law provisions of House rules addressing
    financial ethics of Members, officers, and employees (H. Res. 383, Mar.
    9, 1977, pp. 6811-16). The Select Committee was also granted
    jurisdiction to promulgate implementing regulations and to issue
    advisory opinions. The resolution creating the Select Committee provided
    that it would expire on December 31, 1977, but the committee and its
    functions ultimately were extended through the completion of its
    official business (H. Res. 871, Oct. 31, 1977, p. 35957).
      In the 105th Congress a new subparagraph (3) was added at the end of
    former clause 4(e) of rule X to establish a Select Committee on Ethics
    only to resolve an inquiry originally undertaken by the standing
    Committee on Standards of Official Conduct (now Ethics) in the 104th
    Congress (H. Res. 5, Jan. 7, 1997, p. 121). The Select Committee filed
    one report to the House (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p.
    393).
      For Office of Congressional Ethics, see Sec. 1125h, infra.

      (h) Committee on Financial Services.
          (1) Banks and banking, including deposit insurance and Federal
    monetary policy.
           <> (2) Economic
    stabilization, defense production, renegotiation, and control of the
    price of commodities, rents, and services.
          (3) Financial aid to commerce and industry (other than
    transportation).
          (4) Insurance generally.
          (5) International finance.
          (6) International financial and monetary organizations.
          (7) Money and credit, including currency and the issuance of notes
    and redemption thereof; gold and silver, including the coinage thereof;
    valuation and revaluation of the dollar.
          (8) Public and private housing.

    [[Page 453]]

          (9) Securities and exchanges.
          (10) Urban development.

      This committee was established in 1865 as the Committee on Banking and
    Currency (IV, 4082). In the Committee Reform Amendments of 1974,
    effective January 3, 1975, its name was changed to Banking, Currency and
    Housing (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 95th
    Congress its name was changed to Banking, Finance and Urban Affairs (H.
    Res. 5, Jan. 4, 1977, pp. 53-70). In the 104th Congress its name was
    changed to Banking and Financial Services (sec. 202(a), H. Res. 6, Jan.
    4, 1995, p. 464). In the 107th Congress its name was changed to
    Financial Services (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25).
      The committee was given much of its present jurisdiction in the
    Legislative Reorganization Act of 1946 (60 Stat. 812), by which it
    absorbed the jurisdiction of the former Committee on Coinage, Weights,
    and Measures (created in 1864) (IV, 4090), except jurisdiction over the
    standardization of weights and measures and the metric system was given
    to the Committee on Interstate and Foreign Commerce and was later
    transferred to the Committee on Science and Astronautics (now Science,
    Space, and Technology) in the 85th Congress (H. Res. 580, July 21, 1958,
    p. 14513). In the 92d Congress jurisdiction over the impact on the
    economy of tax-exempt foundations and charitable trusts was transferred
    from the Subcommittee on Foundations of the Select Committee on Small
    Business, along with all that subcommittee's files, to this committee
    (H. Res. 320, Apr. 27, 1971, p. 12081). Before the end of the 93d
    Congress, the committee had legislative jurisdiction over the problems
    of small business under its general jurisdiction over financial aid to
    commerce and industry; but with the adoption of the Committee Reform
    Amendments of 1974, effective January 3, 1975, that jurisdiction was
    transferred to the standing Committee on Small Business, the permanent
    Select Committee on Small Business was abolished, and this committee was
    specifically given jurisdiction over Federal monetary policy, money and
    credit, urban development, economic stabilization, defense production,
    and renegotiation (the latter matter formerly within the jurisdiction of
    the Committee on Ways and Means), international finance, and
    international financial and monetary organizations (formerly within the
    jurisdiction of the Committee on Foreign Affairs), while jurisdiction
    over the Commodity Credit Corporation was transferred to the Committee
    on Agriculture, jurisdiction over export controls and international
    economic policy to the Committee on Foreign Affairs, jurisdiction over
    construction of nursing home facilities to what is now the Committee on
    Energy and Commerce, and jurisdiction over urban mass transportation to
    what is now the Committee on Transportation and Infrastructure (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th Congress
    subparagraphs (2) and (3) were added (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. 464). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47). In the

    [[Page 454]]

    107th Congress jurisdiction over securities and exchanges was
    transferred from the Committee on Energy and Commerce to this committee
    (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). As a result of the new
    jurisdiction of the Committee on Financial Services over securities and
    exchanges, its former jurisdiction over matters relating to bank capital
    markets activities and depository institutions securities activities
    were deleted as redundant (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25).
    In the 107th Congress this committee also received jurisdiction over
    insurance generally (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). The
    Speaker inserted in the Congressional Record a memorandum of
    understanding between this committee and the Committee on Energy and
    Commerce to clarify these jurisdictional changes (Jan. 30, 2001, p.
    995), the final two paragraphs of which no longer provide jurisdictional
    guidance (Jan. 4, 2005, p. 71). A technical change to subparagraph (6)
    was effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003,
    p. 7).
      The committee has reported on subjects relating to the strengthening
    of public credit, issues of notes, and State taxation and redemption
    thereof (IV, 4084), propositions to maintain the parity of the money of
    the United States (IV, 4089; VII, 1792), the issue of silver
    certificates as currency (IV, 4087, 4088), national banks and current
    deposits of public money (IV, 4083; VII, 1790), the incorporation of an
    international bank (IV, 4086), subjects relating to the Freedman's Bank
    (IV, 4085), and Federal Reserve System, Farm Loan Act, home loan bills,
    stabilization of the dollar, War Finance Corporation, Federal Reserve
    bank buildings (VII, 1793, 1795). The committee has jurisdiction over
    bills providing consolidation of grant-in-aid programs for urban
    development (Mar. 18, 1970, p. 7887), bills providing for U.S.
    participation in the International Development Association (Mar. 9,
    1960, p. 5046), bills to authorize GSA to acquire land in D.C. for
    transfer to the International Monetary Fund (May 1, 1962, p. 7428),
    bills relating to flood insurance (Dec. 4, 1975, p. 38701), and over an
    executive communication proposing regulations for college housing
    programs (notwithstanding that the requirement for such regulations was
    contained in higher education legislation reported from the Committee on
    Education and Labor) (June 15, 1982, p. 13638).

      (i) Committee on Foreign Affairs.
          (1) <> Relations of the United
    States with foreign nations generally.
          (2) Acquisition of land and buildings for embassies and legations
    in foreign countries.
          (3) Establishment of boundary lines between the United States and
    foreign nations.

    [[Page 455]]

          (4) Export controls, including nonproliferation of nuclear
    technology and nuclear hardware.
          (5) Foreign loans.
          (6) International commodity agreements (other than those involving
    sugar), including all agreements for cooperation in the export of
    nuclear technology and nuclear hardware.
          (7) International conferences and congresses.
          (8) International education.
          (9) Intervention abroad and declarations of war.
          (10) Diplomatic service.
          (11) Measures to foster commercial intercourse with foreign
    nations and to safeguard American business interests abroad.
          (12) International economic policy.
          (13) Neutrality.
          (14) Protection of American citizens abroad and expatriation.
          (15) The American National Red Cross.
          (16) Trading with the enemy.
          (17) United Nations organizations.

      This committee was established in 1822 (IV, 4162), and from 1885 to
    1920 had authority to report appropriations. In the 94th Congress the
    name of the committee was changed from Foreign Affairs to International
    Relations (H. Res. 163, Mar. 19, 1975, p. 7343). In the 96th Congress it
    was changed back to Foreign Affairs (H. Res. 89, Feb. 5, 1979, p. 1848).
    In the 104th Congress the name was again changed to International
    Relations (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 110th
    Congress it was changed back to Foreign Affairs (sec. 213(a), H. Res. 6,
    Jan. 4, 2007, p. 19).
      In addition to the jurisdiction vested in the committee by the
    Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
    Reform Amendments of 1974, effective January 3, 1975, gave the committee
    jurisdiction

    [[Page 456]]

    over measures relating to: international economic policy (subpara. (12))
    and export controls (subpara. (4)), matters formerly within the
    jurisdiction of the Committee on Banking and Currency (now Financial
    Services); international commodity agreements other than those relating
    to sugar (subpara. (6)), formerly within the jurisdiction of the
    Committee on Agriculture; trading with the enemy (subpara. (16)),
    formerly within the jurisdiction of the Committee on Interstate and
    Foreign Commerce (now Energy and Commerce); and international education
    (subpara. (8)); while transferring jurisdiction over international
    financial and monetary organizations to the Committee on Banking and
    Currency (now Financial Services), and jurisdiction over international
    fishing agreements to the Committee on Merchant Marine and Fisheries
    (now Natural Resources) (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). When the legislative jurisdiction of the Joint Committee on
    Atomic Energy in the House was abolished in the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70), the committee was given jurisdiction over
    nonproliferation of nuclear technology and hardware (subpara. (4)), and
    over international agreements on nuclear exports (subpara. (6)).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress, including the deletion of a redundant
    undesignated recitation of general and special oversight functions (H.
    Res. 5, Jan. 6, 1999, p. 47).
      The committee has broad jurisdiction over foreign relations, including
    boundary lines between the United States and foreign nations, bridges
    and dams on international waters (IV, 4166; see also the ``General
    Bridge Act,'' 33 U.S.C. 525, 533), the protection of American citizens
    abroad and expatriation (IV, 4169; VII, 1883), extradition with foreign
    nations, international arbitration, relating to violations of neutrality
    (IV, 4178a), international conferences and congresses (IV, 4177; VII,
    1884), the incorporation of the American National Red Cross and
    protection of its insignia (IV, 4173), intervention abroad and
    declarations of war (IV, 4164; VII 1880), affairs of the consular
    service, including acquisition of land and buildings for legations in
    foreign capitals (IV, 4163; VII, 1879), creation of courts of the United
    States in foreign countries (IV, 4167), treaty regulations as to
    protection of fur seals (IV, 4170), matters relating to the Philippines
    (see 60 Stat. 315), and measures establishing a District of Columbia
    corporation to support private American organizations engaged in
    communications with foreign nations (June 21, 1971, p. 21062).
      The committee also has considered measures for fostering commercial
    intercourse with foreign nations and for safeguarding American business
    interests abroad (IV, 4175), and even the subjects of commercial
    treaties and reciprocal arrangements (IV, 4174), although in later
    practice the Committee on Ways and Means has considered such matters
    (IV, 4021). The committee has exercised general but not exclusive
    jurisdiction over legislation relating to claims affecting international
    relations (IV, 4168; VII, 1882). Pursuant to its jurisdiction over
    international education, the committee (and not the Committee on
    Education and the Workforce) has exer

    [[Page 457]]

    cised jurisdiction over bills establishing scholarship programs for
    foreign students (May 10, 1988, p. 10305). The committee has
    jurisdiction over a communication from the President notifying the
    House, consistent with the War Powers Resolution, of the deployment
    abroad of U.S. armed forces to participate in an embargo against another
    nation (Nov. 4, 1993, p. 27393).
      The special oversight function of the committee set forth in clause
    3(f) of rule X (current clause 3(g) of rule X) was made effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).

      (j) Committee on Homeland Security.
          (1) Overall homeland <> security policy.
          (2) Organization, administration, and general management of the
    Department of Homeland Security.
          (3) Functions of the Department of Homeland Security relating to
    the following:
              (A) Border and port security (except immigration policy and
    non-border enforcement).
              (B) Customs (except customs revenue).
              (C) Integration, analysis, and dissemination of homeland
    security information.
              (D) Domestic preparedness for and collective response to
    terrorism.
              (E) Research and development.
              (F) Transportation security.

      This committee was established in the 109th Congress (sec. 2(a), H.
    Res. 5, Jan. 4, 2005, p. 42). Subparagraph (2) was amended in the 113th
    Congress to include general management of the department (sec. 2(c), H.
    Res. 5, Jan. 3, 2013, p. _). For debate (and material submitted during
    debate) that may edify the reader on the jurisdictional issues
    surrounding the new committee, see January 4, 2005, pp. 60-62. The
    Speaker announced that the referral of measures in the 108th Congress to
    the Select Committee on Homeland Security would not constitute precedent
    for referral to this committee (Jan. 4, 2005, p. 71).

    [[Page 458]]

      In the <> 107th Congress the House established a Select Committee on
    Homeland Security (H. Res. 449, June 19, 2002, p. 10722). Its mission
    was to develop recommendations on such matters that relate to the
    establishment of a department of homeland security as may be referred to
    it by the Speaker and on recommendations submitted to it by standing
    committees to which the Speaker referred a bill establishing the
    department and to report its recommendation to the House on such bill.
    It was terminated after final disposition of the specified bill (Nov.
    25, 2002, p. 23433). In the 108th Congress the House reestablished a
    Select Committee on Homeland Security (sec. 4, H. Res. 5, Jan. 7, 2003,
    p. 11). Its mission was to develop recommendations on such matters that
    relate to the Homeland Security Act of 2002 (P.L. 107-296) as may be
    referred to it by the Speaker; to conduct oversight of laws, programs,
    and Government activities relating to homeland security; to conduct a
    study of the operation and implementation of the Rules of the House,
    including rule X, with respect to homeland security; and to report its
    recommendations to the House by bill or otherwise on matters referred to
    it by the Speaker and to report its recommendations on changes to House
    rules to the Committee on Rules.

      (k) Committee on House Administration.
          (1) <> Appropriations from
    accounts for committee salaries and expenses (except for the Committee
    on Appropriations); House Information Resources; and allowance and
    expenses of Members, Delegates, the Resident Commissioner, officers, and
    administrative offices of the House.
          (2) Auditing and settling of all accounts described in
    subparagraph (1).
          (3) Employment of persons by the House, including staff for
    Members, Delegates, the Resident Commissioner, and committees; and
    reporters of debates, subject to rule VI.
          (4) Except as provided in paragraph (r)(11), the Library of
    Congress, including management thereof; the House Library; statuary and
    pictures; acceptance or purchase of works of

    [[Page 459]]

    art for the Capitol; the Botanic Garden; and purchase of books and
    manuscripts.
          (5) The Smithsonian Institution and the incorporation of similar
    institutions (except as provided in paragraph (r)(11)).
          (6) Expenditure of accounts described in subparagraph (1).
          (7) Franking Commission.
          (8) Printing and correction of the Congressional Record.
          (9) Accounts of the House generally.
          (10) Assignment of office space for Members, Delegates, the
    Resident Commissioner, and committees.
          (11) Disposition of useless executive papers.
          (12) Election of the President, Vice President, Members, Senators,
    Delegates, or the Resident Commissioner; corrupt practices; contested
    elections; credentials and qualifications; and Federal elections
    generally.
          (13) Services to the House, including the House Restaurant,
    parking facilities, and administration of the House Office Buildings and
    of the House wing of the Capitol.
          (14) Travel of Members, Delegates, and the Resident Commissioner.
          (15) Raising, reporting, and use of campaign contributions for
    candidates for office of Representative, of Delegate, and of Resident
    Commissioner.
          (16) Compensation, retirement, and other benefits of the Members,
    Delegates, the Resi

    [[Page 460]]

    dent Commissioner, officers, and employees of Congress.

      This committee was created as the Committee on House Administration on
    January 2, 1947, as a part of the Legislative Reorganization Act of 1946
    (60 Stat. 812), combining the Committees on Accounts (created in 1803)
    (IV, 4328), Enrolled Bills (created in 1789) (IV, 4350), Disposition of
    Executive Papers (created in 1889) (IV, 4419), Printing (created in
    1846), Elections (created in 1794 and divided into three committees in
    1895) (IV, 4019), Election of President, Vice President, and
    Representatives in Congress (created in 1893) (IV, 4299), and Memorials
    (created January 3, 1929, VII, 2080).
      The committee was redesignated as the Committee on House Oversight in
    the 104th Congress, obtaining from the former Committee on Post Office
    and Civil Service jurisdiction over the Franking Commission (also known
    as the House Commission on Congressional Mailing Standards) in
    subparagraph (7), while transferring to the Committee on Resources (now
    Natural Resources) jurisdiction over erection of monuments to the memory
    of individuals (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464).
    References in subparagraphs (1) and (2) to the ``contingent fund'' were
    eliminated without changing the committee's jurisdiction over the
    accounts that the fund comprised. In the 105th Congress subparagraph (1)
    was amended to effect a technical correction (H. Res. 5, Jan. 7, 1997,
    p. 121). In the 106th Congress the committee was redesignated House
    Administration, and the House recodified its rules to effect clerical
    and stylistic changes, including the deletion of a redundant
    undesignated recitation of general and special oversight functions (H.
    Res. 5, Jan. 6, 1999, p. 47). In the 107th Congress the committee's
    responsibilities with respect to enrolled bills (which were set forth in
    former clause 4(d)(1)(A) of rule X) were transferred to the Clerk (see
    clause 2(d)(2) of rule II) (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 25).
      The committee has jurisdiction over measures relating to the election
    of the President, Vice President, or Members of Congress; corrupt
    practices; contested elections; credentials and qualifications; Federal
    elections generally; and the electoral count, which formerly was within
    the jurisdiction of the Committee on Election of the President, Vice
    President, and Representatives in Congress (IV, 4303).
      The committee's former responsibility to report on Members' travel was
    supplanted by the function of providing policy direction to and
    oversight of the Clerk, Sergeant-at-Arms, Chief Administrative Officer,
    and Inspector General (sec. 10, H. Res. 423, Apr. 9, 1992, p. 9040; sec.
    201(e), H. Res. 6, Jan. 4, 1995, p. 463; see rule II and Sec. 752,
    infra). In the 107th Congress the committee retained the responsibility
    to provide policy direction to and oversight of the Inspector General
    but retained only oversight of the remaining officers (sec. 2(g), H.
    Res. 5, Jan. 3, 2001, p. 25) until the 114th Congress restored its
    function of providing policy direction to

    [[Page 461]]

    the Chief Administrative Officer (sec. 2(a)(3), H. Res. 5, Jan. 6, 2015,
    p. _; see Sec. 754, infra).

      The <> committee has jurisdiction
    over measures relating to the House Restaurant (2 U.S.C. 2041), which
    was first under the jurisdiction of the former Committee on Accounts,
    then under the supervision of the Architect of the Capitol (H. Res. 590,
    76th Cong., Sept. 5, 1940, p. 11552, as made permanent law by P.L. 76-
    812), and then the Select Committee on the House Restaurant (H. Res.
    472, 91st Cong., July 10, 1969, p. 19080; H. Res. 111, 93d Cong., Feb.
    7, 1973, p. 3680), which was not reestablished after the 93d Congress.
      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the committee obtained jurisdiction over parking facilities of the
    House, a matter formerly assigned to a select committee (subpara. (13))
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress
    the committee was given jurisdiction over campaign contributions to
    candidates for the House, a matter formerly within the jurisdiction of
    the Committee on Standards of Official Conduct (now Ethics) (subpara.
    (15)), and over compensation, retirement, and other benefits of Members,
    officers, and employees of Congress (subpara. (16)) (H. Res. 5, Jan. 14,
    1975, p. 20).
      The committee has jurisdiction over resolutions authorizing committees
    to employ additional professional and clerical personnel (Feb. 7, 1966,
    p. 2373). The committee has supervisory authority over the House barber
    shops, beauty shops, and House Information Resources.

      Under <> the Reorganization Act the
    committee has jurisdiction over some of the subjects formerly within the
    jurisdiction of the Joint Committee on the Library, such as matters
    relating to the Library of Congress and the House Library, statuary and
    pictures, acceptance or purchase of works of art for the Capitol, the
    Botanic Gardens, management of the Library of Congress, purchase of
    books and manuscripts, matters relating to the Smithsonian Institution,
    and the incorporation of similar institutions. Excepted are measures
    relating to the construction or reconstruction, maintenance, and care of
    the buildings and grounds of the Botanic Gardens, the Library of
    Congress, and the Smithsonian Institution, which fall under the
    jurisdiction of the Committee on Transportation (now Transportation and
    Infrastructure). The House Members of the Joint Committee on the
    Library, provided for by law (2 U.S.C. 132b), are elected by resolution
    each Congress.

      The <> committee has
    jurisdiction over matters relating to printing and correction of the
    Congressional Record, formerly within the jurisdiction of the erstwhile
    Committee on Printing. The House Members of the Joint Committee on
    Printing, provided for by law (44 U.S.C. 101), are elected by resolution
    each Congress.

    [[Page 462]]

      (l) Committee on the Judiciary.
          (1) <> The judiciary and judicial
    proceedings, civil and criminal.
          (2) Administrative practice and procedure.
          (3) Apportionment of Representatives.
          (4) Bankruptcy, mutiny, espionage, and counterfeiting.
          (5) Civil liberties.
          (6) Constitutional amendments.
          (7) Criminal law enforcement and criminalization.
          (8) Federal courts and judges, and local courts in the Territories
    and possessions.
          (9) Immigration policy and non-border enforcement.
          (10) Interstate compacts generally.
          (11) Claims against the United States.
          (12) Meetings of Congress; attendance of Members, Delegates, and
    the Resident Commissioner; and their acceptance of incompatible offices.
          (13) National penitentiaries.
          (14) Patents, the Patent and Trademark Office, copyrights, and
    trademarks.
          (15) Presidential succession.
          (16) Protection of trade and commerce against unlawful restraints
    and monopolies.
          (17) Revision and codification of the Statutes of the United
    States.
          (18) State and territorial boundary lines.
          (19) <> Subversive activities
    affecting the in-
    ternal security of the United States.

    [[Page 463]]

      This committee dates from 1813 (IV, 4054). The essential jurisdiction
    defined in the rule was made effective January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), and combined the
    Committees on Revision of Laws (created 1868, IV, 4293), Patents
    (created in 1837) (IV, 4254), Immigration and Naturalization (created in
    1893) (IV, 4309), Claims (created in 1794) (IV, 4262), and War Claims
    (created in 1883) (IV, 4269). By the Committee Reform Amendments of
    1974, effective January 3, 1975, the committee's jurisdiction over
    holidays and celebrations was transferred to the former Committee on
    Post Office and Civil Service (now Oversight and Government Reform) (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress the
    Committee on Internal Security was abolished and jurisdiction over
    communist and other subversive activities affecting the internal
    security of the United States was transferred to this committee
    (subpara. (18), now (19)) (H. Res. 5, Jan. 14, 1975, p. 20), though an
    accompanying provision for the transfer of records and staff of the
    Internal Security Committee to this committee was deleted as obsolete in
    the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and the specific
    reference to communism was deleted as unnecessary in the 104th Congress
    (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). The 104th Congress also
    inserted ``the judiciary'' in subparagraph (1); added subparagraph (2)
    for clarification; combined former subparagraphs (6) and (9) in a new
    subparagraph (7) (now (8)); and combined former subparagraphs (13) and
    (14) in a new subparagraph (13) (now (14)) (sec. 202(a), H. Res. 6, Jan.
    4, 1995, p. 464). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress, including an update of
    a reference to the Patent and Trademark Office (H. Res. 5, Jan. 6, 1999,
    p. 47). In the 109th Congress the House established the Committee on
    Homeland Security with jurisdiction over certain functions of the
    Department of Homeland Security that resulted in a conforming change to
    subparagraph (9) (sec. 2(a)(1), H. Res. 5, Jan. 4, 2005, p. 42). For
    debate (and material submitted during debate) that may edify the reader
    on the jurisdictional issues surrounding the creation of the Committee
    on Homeland Security, see January 4, 2005, pp. 60-62. In the 109th
    Congress the House added subparagraph (7) (sec. 2(a)(2), H. Res. 5, Jan.
    4, 2005, p. 42) and expanded it to include ``criminalization'' in the
    114th Congress (sec. 2(a)(2)(A), H. Res. 5, Jan. 6, 2015, p. _).
      Under subparagraph (15) the committee has jurisdiction over
    Presidential nominations to fill vacancies in the Office of Vice
    President, submitted pursuant to the 25th amendment to the Constitution
    (Oct. 13, 1973, p. 34032; Aug. 20, 1974, p. 29366). The committee has
    reported Articles of Impeachment of the President (Aug. 20, 1974, pp.
    29219-81; Dec. 17, 1998, p. 27819). If the House has voted to impeach,
    members of the committee have been appointed as managers on the part of
    the House in presenting the charges to the Senate for trial (H. Res.
    501, 99th Cong., July 22, 1986, p. 17306; H. Res. 511, 100th Cong., Aug.
    3, 1988, p. 20223; H.

    [[Page 464]]

    Res. 12, 101st Cong., Jan. 3, 1989, p. 84; Dec. 19, 1998, p. 28112; Jan.
    6, 1999, p. 15).
      The committee considers charges against judges of the Federal courts
    (IV, 4062), legislative propositions relating to the service of the
    Department of Justice (IV, 4067), bills relating to local courts in the
    District of Columbia, Alaska, and the territories (IV, 4068), the
    establishment of a court of patent appeals (IV, 4075), relations of
    labor to courts and corporations (IV, 4072), crimes, penalties,
    extradition (IV, 4069; VII, 1747), construction and management of
    national penitentiaries (IV, 4070), matters relating to trusts (VII,
    1764), claims of States against the United States (IV, 4080), general
    legislation relating to international and other claims (IV, 4078, 4079,
    4081), including measures extending the terms of members of the Foreign
    Claims Settlement Commission (Nov. 14, 1991, p. 32130), bills relating
    to the flag (IV, 4055), bankruptcy (IV, 4065), removal of political
    disabilities (IV, 4058), prohibition of traffic in intoxicating liquors
    (IV, 4061; VII, 1773), mutiny and willful destruction of vessels (IV,
    4145), counterfeiting (IV, 4071; VII, 1753), settlement of State and
    territorial boundary lines (VII, 1768), meeting of Congress and
    attendance of Members and their acceptance of incompatible offices (IV,
    4077).
      The committee also has jurisdiction over joint resolutions proposing
    amendments to the Constitution (IV, 4056; VII, 1779). Although the
    committee has historically exercised jurisdiction over lobbying
    activities, the Committee on Standards of Official Conduct (now Ethics)
    was assigned such jurisdiction during a brief period (H. Res. 1031, 91st
    Cong., July 8, 1970, p. 23141; H. Res. 5, 94th Cong., Jan. 14, 1975, p.
    20).
      The committee also has jurisdiction over bills regulating the
    authority of States to impose taxes on interstate commerce (June 18,
    1959, p. 11317), imposing conflict of interest standards and civil and
    criminal penalties relating thereto on government employees (Feb. 25,
    1960, p. 3484), establishing an academy of criminal justice (Apr. 5,
    1965, p. 6822), eliminating racketeering in the interstate sale of
    cigarettes (Feb. 9, 1972, p. 3429), providing worker's compensation for
    non-Federal firefighters killed during civil disorder (May 6, 1968, p.
    11798) or to non-Federal policemen and firemen (Dec. 12, 1975, p.
    40204), authorizing the Attorney General to consent to a modification of
    a certain trust on behalf of the Library of Congress (Aug. 17, 1959, p.
    16051), amending an omnibus pension act to increase the amount of
    pension granted a certain class of persons (Feb. 15, 1960, p. 2523), and
    imposing criminal sanctions under the Controlled Substances Act (Nov.
    14, 1983, p. 32457). The committee has sole jurisdiction over the Legal
    Services Corporation (Nov. 19, 1975, p. 37288). The committee has
    exercised jurisdiction, with the Committee on Education and Labor (now
    Education and the Workforce), over bills to amend the Walsh-Healey Act
    regarding hours of work under government contracts (May 15, 1985, p.
    11946). This committee, and not the Committee on Public Works and
    Transportation (now Transportation and Infrastructure), exercised
    jurisdiction over a bill extending the authority for the Marshal of

    [[Page 465]]

    the Supreme Court and the Supreme Court Police to protect the Chief
    Justice, Associate Justices, officers, and employees of the Supreme
    Court beyond its building and grounds (Nov. 22, 1993, p. 32074). The
    Committee on Oversight and Government Reform, and not this committee,
    has jurisdiction over pay adjustments for administrative law judges
    (July 31, 1991, p. 20677; June 10, 1999, p. 12435). The Committee on
    Natural Resources, and not this committee, has jurisdiction over a bill
    to designate an immigration museum within a facility of the National
    Park Service (July 8, 2004, p. 5348).
      The committee has the general oversight responsibility set forth in
    clause 2(b).

      (m) Committee on Natural Resources.
          (1) <> Fisheries and wildlife,
    including research, restoration, refuges, and conservation.
          (2) Forest reserves and national parks created from the public
    domain.
          (3) Forfeiture of land grants and alien ownership, including alien
    ownership of mineral lands.
          (4) Geological Survey.
          (5) International fishing agreements.
          (6) Interstate compacts relating to apportionment of waters for
    irrigation purposes.
          (7) Irrigation and reclamation, including water supply for
    reclamation projects and easements of public lands for irrigation
    projects; and acquisition of private lands when necessary to complete
    irrigation projects.
          (8) Native Americans generally, including the care and allotment
    of Native American lands and general and special measures relating to
    claims that are paid out of Native American funds.

    [[Page 466]]

          (9) Insular areas of the United States generally (except those
    affecting the revenue and appropriations).
          (10) Military parks and battlefields, national cemeteries
    administered by the Secretary of the Interior, parks within the District
    of Columbia, and the erection of monuments to the memory of individuals.
          (11) Mineral land laws and claims and entries thereunder.
          (12) Mineral resources of public lands.
          (13) Mining interests generally.
          (14) Mining schools and experimental stations.
          (15) Marine affairs, including coastal zone management (except for
    measures relating to oil and other pollution of navigable waters).
          (16) Oceanography.
          (17) Petroleum conservation on public lands and conservation of
    the radium supply in the United States.
          (18) Preservation of prehistoric ruins and objects of interest on
    the public domain.
          (19) Public lands generally, including entry, easements, and
    grazing thereon.
          (20) Relations of the United States with Native Americans and
    Native American tribes.
          (21) Trans-Alaska Oil Pipeline (except ratemaking).

      The Committee on Public Lands was created in 1805 (IV, 4194). Its name
    has since been changed to Interior and Insular Affairs (Feb. 2, 1951, p.
    883); to Natural Resources (H. Res. 5, Jan. 5, 1993, p. 49); to
    Resources (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464); and back to
    Natural Resources (sec. 214(a), H. Res. 6, Jan. 4, 2007, p. 19).

    [[Page 467]]

      The core of the jurisdiction reflected in this paragraph was assigned
    to the committee effective January 2, 1947, as a part of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), which consolidated in this
    committee the jurisdictions of the former Committees on Mines and Mining
    (created in 1865) (IV, 4223), Insular Affairs (created in 1899) (IV,
    4213), Irrigation and Reclamation (created in 1893) (IV, 4307), Indian
    Affairs (created in 1821) (IV, 4204), and Territories (created in 1825)
    (IV, 4208), though vesting the subject of welfare of miners, formerly
    under the jurisdiction of the Committee on Mines and Mining, in the
    Committee on Education and Labor (now Education and the Workforce).
    Until the Reorganization Act, military parks, battlefields, and national
    cemeteries were under the jurisdiction of the Committee on Military
    Affairs. Jurisdiction over cemeteries of the United States in which
    veterans may be buried, except those administered by the Secretary of
    the Interior, was transferred to the Committee on Veterans' Affairs in
    the 90th Congress (H. Res. 241, Oct. 20, 1967).
      In the Committee Reform Amendments of 1974, effective January 3, 1975,
    the committee gained jurisdiction over parks within the District of
    Columbia, formerly within the jurisdiction of the Committee on Public
    Works and Transportation (now Transportation and Infrastructure)
    (subpara. (10)), and lost specific jurisdiction over Indian education
    and over Hawaii and Alaska, generally (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). By that same resolution, the committee was given
    special oversight functions in clause 3.
      The 104th Congress expanded the jurisdiction of the committee by:
    adding subparagraphs (1), (5), (15), and (16) to reflect the transfer of
    those matters from the former Committee on Merchant Marine and
    Fisheries; inserting the subject of monuments in memory of individuals
    in subparagraph (10) to reflect the transfer of that matter from the
    Committee on House Administration; adding subparagraph (21), an
    exceptional treatment of pipeline jurisdiction otherwise vested in the
    Committee on Transportation and Infrastructure; and deleting the subject
    of regulation of the domestic nuclear energy industry to reflect the
    transfer of that jurisdiction, which this committee had acquired when
    the 95th Congress abolished the Joint Committee on Atomic Energy (H.
    Res. 5, Jan. 4, 1977, pp. 53-70) and which it shared with the Committee
    on Energy and Commerce, to the Committee on Energy and Commerce (sec.
    202(a), H. Res. 6, Jan. 4, 1995, p. 464). At the same time, the
    statements of special oversight functions formerly found in this
    paragraph and in former paragraph (e) of this clause were adjusted to
    reflect the transfer of nonmilitary nuclear energy and research and
    development, including disposal of nuclear waste, from this committee to
    the Committee on Energy and Commerce, though conforming changes in
    former paragraphs (e) and (h) of clause 3 were inadvertently omitted.
    The 113th Congress amended subparagraph (9) by changing ``insular
    possessions'' to ``insular areas'' (sec. 2(c), H. Res. 5, Jan. 3, 2013,

    [[Page 468]]

    p. _). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress, (H. Res. 5, Jan. 6, 1999, p.
    47).
      The committee reports on subjects relating to the mineral resources of
    the public lands (IV, 4202), forfeiture of land grants and alien
    ownership (IV, 4201), validation of certain conveyances of erstwhile
    public lands by a railway company (July 11, 1995, p. 18397), public
    lands of Alaska (IV, 4196), forest reserves created out of the public
    domain (IV, 4197, 4199), including measures relating to criminal
    trespass provisions applying only within national forests created from
    the public domain (July 18, 1977, p. 23434); admission of States (IV,
    4208); preservation of prehistoric ruins and objects of interest on the
    public domain (IV, 4199); and various classes of land claims (IV, 4203).
    The committee also has jurisdiction over the following bills: to dispose
    of proceeds from oil shale on public lands (other than naval oil shale
    reserves) (Aug. 3, 1967, p. 21179); to exclude certain lands in the
    Outer Continental Shelf from mineral leasing provisions of the Outer
    Continental Shelf Lands Act (May 16, 1963, p. 8777); to reinstate a U.S.
    oil and gas lease (Aug. 5, 1959, p. 15190); to address U.S. claims to
    lands along the Colorado River forming State boundaries (June 28, 1967,
    p. 17738); to designate national forest lands created from the public
    domain as wilderness (May 6, 1969, p. 11459); to include additional
    units in the Missouri River Basin project (Sept. 8, 1959, p. 18587); to
    establish a commission on development of Pennsylvania Avenue in D.C. as
    a national historic site (Oct. 21, 1965, p. 27803); to authorize the
    Secretary of the Interior to conduct a feasibility investigation of
    potential water resource development (May 1, 1975, p. 12764); to
    establish a commission to consider the creation of a (Hudson) River
    compact (July 21, 1975, p. 23653); to name a building constructed as
    part of a Federal recreation area (June 8, 1988, p. 13803); to address
    the siting on Federal park land of an established national memorial
    (Sept. 24, 1991, p. 23731); (with the Committee on Agriculture) to
    exchange a Federal tree nursery for certain State mining patents
    touching a public domain (western) forest (Sept. 17, 1991, p. 23193);
    and to transfer interest in a National Oceanic and Atmospheric
    Administration fisheries research laboratory (Oct. 1, 2002, p. 18796).
    The Committee on National Security (now Armed Services), and not this
    committee, has jurisdiction over the transfer of military property to a
    State to be designated by the State as a wilderness area (Nov. 15, 1995,
    p. 32627). The Committee on Agriculture, and not this committee, has
    jurisdiction over the designation of an agricultural research center
    (May 14, 1996, p. 11070). The Committee on Education and the Workforce,
    and not this committee, has jurisdiction over a bill amending the Native
    American Programs Act of 1974 (an Indian education matter) (Oct. 30,
    1997, p. 23967). This committee, and not the Committee on Agriculture,
    has jurisdiction over a bill to convey land that is part of a National
    Forest created from the public domain (Mar. 23, 2004, p. 4926). This
    committee, and not the Committee on the Judiciary, has jurisdiction over
    a bill to designate an immigration museum within a facility of the
    National Park Service (July 8, 2004, p.

    [[Page 469]]

    14755). This committee, and not the Committee on Transportation and
    Infrastructure, has jurisdiction over a bill addressing a federal water
    project operated by the Bureau of Reclamation (June 25, 2007, p. 17128).
      The authority of the committee to report as privileged bills for the
    forfeiture of land grants to railroad and other corporations, preventing
    speculation in the public lands, for the preservation of the public
    lands for the benefit of actual and bona fide settlers, and for the
    admission of new States was eliminated in the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470).

      (n) Committee on Oversight and Government Reform.
          (1) <> Federal
    civil service, including intergovernmental personnel; and the status of
    officers and employees of the United States, including their
    compensation, classification, and retirement.
          (2) Municipal affairs of the District of Columbia in general
    (other than appropriations).
          (3) Federal paperwork reduction.
          (4) Government management and accounting measures generally.
          (5) Holidays and celebrations.
          (6) Overall economy, efficiency, and management of government
    operations and activities, including Federal procurement.
          (7) National archives.
          (8) Population and demography generally, including the Census.
          (9) Postal service generally, including transportation of the
    mails.
          (10) Public information and records.
          (11) Relationship of the Federal Government to the States and
    municipalities generally.
          (12) Reorganizations in the executive branch of the Government.

    [[Page 470]]

      In the 82d Congress the name of this committee was changed from
    Expenditures in the Executive Departments to Government Operations (July
    3, 1952, p. 9217). In the 104th Congress it was changed to Government
    Reform and Oversight (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), in
    the 106th Congress to Government Reform (H. Res. 5, Jan. 6, 1999, p.
    47), and in the 110th Congress to Oversight and Government Reform (sec.
    215(a), H. Res. 6, Jan. 4, 2007, p. 19). The former Committee on
    Expenditures in the Executive Departments was established December 5,
    1927 (VII, 2041), and took the place of 11 separate committees on
    expenditures in the several executive departments. The first of these
    committees was established in 1816, and others were added as new
    departments were created (IV, 4315). They reported bills relating to the
    efficiency and integrity of the public service (IV, 4320) and creation
    and abolition of offices (IV, 4318).
      In addition to the jurisdiction vested in the committee by the
    Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
    Reform Amendments of 1974, effective January 3, 1975, assigned the
    committee jurisdiction over measures relating to the overall economy and
    efficiency of Government operations and activities, including Federal
    procurement, intergovernmental relationships, and general revenue
    sharing (the latter from the Committee on Ways and Means was stricken
    from the jurisdictional statement of this committee in the 104th
    Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464)), and the
    National Archives (from the former Committee on Post Office and Civil
    Service) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th
    Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), the committee
    assumed the jurisdictions of the former Committee on the District of
    Columbia (subpara. (2)) and the former Committee on Post Office and
    Civil Service except that relating to the Franking Commission (subparas.
    (1), (5), (8), and (9)); and subparagraphs (3) and (10) were added to
    clarify existing jurisdiction. At the same time the committee's
    jurisdiction over measures relating to off-budget treatment of agencies
    or programs, which had been added by the Balanced Budget and Emergency
    Deficit Control Act of 1985 (P.L. 99-177), was transferred to the
    Committee on the Budget. Three rereferrals from this committee to the
    Committee on the Budget marked this migration of off-budget treatment
    jurisdiction: (1) the Committee on the Budget has primary jurisdiction
    over a bill excluding from the budget the Civil Service Retirement and
    Disability Fund (although this committee retains programmatic
    jurisdiction over that Fund); (2) the Committee on the Budget has
    primary jurisdiction over a bill excluding from the budget the Highway
    Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways
    Trust Fund, and the Harbor Maintenance Trust Fund (although the
    Committee on Transportation and Infrastructure retains programmatic
    jurisdiction); and (3) the Committee on the Budget has secondary
    jurisdiction over a bill amending title 49 of the United States Code and
    providing off-budget treatment for the Highway Trust Fund, the Airport
    and Airway Trust Fund, the Inland Waterways

    [[Page 471]]

    Trust Fund, and the Harbor Maintenance Trust Fund (Dec. 6, 1995, p.
    35572). The committee was also released from jurisdiction over measures
    relating to exemptions from executive orders sequestering budget
    authority, which had been added by the Budget Enforcement Act of 1990
    (tit. XIII, P.L. 101-508). In the 105th Congress any residual
    jurisdiction over budget process was transferred to the Committee on the
    Budget (H. Res. 5, Jan. 7, 1997, p. 121). The 104th Congress assigned
    the committee its responsibilities to coordinate committee oversight
    plans under clause 2(d) (sec. 203(a), H. Res. 6, Jan. 4, 1995, p. 467).
    In the 104th Congress the committee was also given the responsibility to
    consider and report recommendations concerning alternatives to
    commemorative legislation, although no such report was made to the House
    (sec. 216(b), H. Res. 6, Jan. 4, 1995, p. 468). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress, including the deletion of a redundant undesignated recitation
    of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p.
    47).
      The committee has exercised jurisdiction over bills: waiving
    Reorganization Plans to establish the Rural Electrification
    Administration as an independent agency and transferring certain
    functions thereto (Mar. 19, 1959, p. 4692); establishing a Commission on
    Population Growth (Sept. 23, 1969, p. 26568); establishing a Cabinet
    Committee on Opportunities for Spanish-Speaking Americans (Nov. 24,
    1969, p. 35509); providing payment of travel costs for Federal
    employment applicants (Feb. 15, 1967, p. 3466); and a bill to rename an
    existing post office building (Aug. 4, 1995, p. 22085; Oct. 1, 1998, p.
    22933), even if the post office building also houses a courthouse (Sept.
    14, 2000, p. 18054). The Committee on Transportation and Infrastructure,
    and not this committee, has jurisdiction over a measure redesignating a
    general-purpose Federal building as a post office (Apr. 24, 1997, p.
    22085). The committee has exercised jurisdiction over countercyclical
    programs of revenue-sharing grants to State and local governments, such
    as that contained in Title II of the Public Works Employment Act of 1976
    (Feb. 1, 1977, p. 3057). The committee shares jurisdiction over a bill
    to facilitate the reorganization of an agency by instituting a
    separation pay program to encourage eligible employees to voluntarily
    resign or retire (Aug. 2, 1993, p. 18161). The committee has
    jurisdiction over a bill explicitly waiving the Federal Property and
    Administrative Services Act and directing the Administrator of General
    Services to convey excess real property (Oct. 2, 1998, p. 23186). This
    committee, and not the Committee on the Judiciary, has jurisdiction over
    a bill authorizing a pay adjustment for administrative law judges (July
    31, 1991, p. 20677; June 10, 1999, p. 12435).
      The specific subpoena authority conferred upon the committee in the
    standing rules on February 10, 1947 (p. 942) was superseded by the
    general conferral of subpoena authority on all committees in clause 2(m)
    of rule XI. The committee may authorize the taking of depositions
    pursuant to subpoena (clause 4(c)(3) of rule X). By the Committee Reform
    Amendments

    [[Page 472]]

    of 1974, effective January 3, 1975, the committee was given the general
    function under clause 4(c)(1) of examining and reporting upon reports of
    the Comptroller General, evaluating laws reorganizing the legislative
    and executive branches, and studying intergovernmental relationships
    domestically and with international organizations to which the United
    States belongs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Under
    section 2954 of title 5, United States Code, an executive agency, if so
    requested by this committee or any seven members thereof, shall submit
    any information requested of it relating to any matter within the
    jurisdiction of the committee.

      (o) Committee on Rules.
          (1) <> Rules and joint rules (other than
    those relating to the Code of Official Conduct) and the order of
    business of the House.
          (2) Recesses and final adjournments of Congress.

      This committee, which had existed as a select committee from 1789,
    became a standing committee in 1880 (IV, 4321; VII, 2047). The
    jurisdiction defined in this paragraph became effective January 2, 1947,
    as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress, including the deletion of a redundant
    undesignated paragraph permitting the committee to sit during sessions
    of the House (H. Res. 5, Jan. 6, 1999, p. 47). That undesignated
    paragraph, originally designated as subparagraph (3) (H. Res. 5, Jan. 5,
    1993, p. 49), was derived from section 134(c) of the Legislative
    Reorganization Act of 1946, even though the committee had authority to
    sit during sessions of the House since 1893 (IV, 4546). Effective
    January 3, 1975, however, the authority for all committees to sit and
    act whether the House is in session or has adjourned rendered this
    provision obsolete (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
      The Speaker was first made a member of the committee in 1858 (IV,
    4321), and ceased to be a member on March 19, 1910 (VII, 2047). However,
    the Legislative Reorganization Act of 1946 deleted from the former rule
    the prohibition against the Speaker serving on the committee. The size
    of the committee was increased from 12 to 15 members for the 87th
    Congress (Jan. 31, 1961, p. 1589), and the increase in the committee's
    size was incorporated as a part of the rules in the 88th Congress (Jan.
    9, 1963, p. 14). Effective January 3, 1975, however, the rules were
    amended to eliminate prescriptions of committee sizes (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), and in the 94th through the 98th
    Congresses 16 Members were named to the committee on nominations from
    the respective

    [[Page 473]]

    party caucuses (see, e.g., H. Res. 76, Jan. 20, 1975, p. 803; H. Res.
    101, Jan. 28, 1975, p. 1611), and in the 99th through 101st Congresses,
    13 Members were so named to the committee (see, e.g., H. Res. 34, 35,
    Jan. 30, 1985, pp. 1271, 1273).
      The subject of recesses and adjournments was formerly under the
    jurisdiction of the Committee on Ways and Means. In section 402(b) of
    the Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974), the
    committee was given specific authority to report emergency waivers of
    the required reporting date for bills and resolutions authorizing new
    budget authority. That authority was incorporated into this rule,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), but was repealed as obsolete in the 102d Congress (H. Res. 5,
    Jan. 3, 1991, p. 39). Jurisdiction over rules relating to official
    conduct and financial disclosure was transferred to the Committee on
    Standards of Official Conduct (now Ethics) on April 3, 1968 (H. Res.
    1099, 90th Cong.), but in the 95th Congress, jurisdiction over rules
    relating to financial disclosure by Members, officers, and employees of
    the House was returned to this committee (H. Res. 5, Jan. 4, 1977, pp.
    53-70).
      The jurisdiction of this committee is primarily over propositions to
    make or change the rules (V, 6770, 6776; VII, 2047), to create
    committees (IV, 4322; VII, 2048), and to direct them to make
    investigations (IV, 4322-4324; VII, 2048). Effective January 3, 1975,
    however, the authority for all committees to conduct investigations and
    studies was made a part of the standing rules (clause 1(b) of rule XI),
    as was the authority to issue subpoenas (clause 2(m) of rule XI) (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The committee also reports
    resolutions relating to the hour of daily meeting and the days on which
    the House shall sit (IV, 4325), and orders relating to the use of the
    galleries during the electoral count (IV, 4327). The chair of the
    Committee on the Budget inserted in the Congressional Record a
    memorandum of understanding between this committee and the Committee on
    the Budget to clarify each committee's jurisdiction over the
    congressional budget process (Jan. 4, 1995, p. 617). The Committee on
    the Budget has primary jurisdiction, and this committee has additional
    jurisdiction, over a bill amending the Budget Act to establish new
    legislative points of order and directing that the President include a
    specified matter in the budget (Feb. 13, 2001, p. 1817).

      Since <> 1883 the
    Committee on Rules has reported special orders providing times and
    methods for consideration of individual measures or classes of measures,
    thereby enabling the House by majority vote to forward particular
    legislation, instead of being forced to use for this purpose the motion
    to suspend the rules, which requires a two-thirds vote (IV, 3152; V,
    6870; for forms of, IV, 3238-3263).
      Special orders may still be made by suspension of the rules (IV, 3154)
    or by unanimous consent (IV, 3165, 3166; VII, 758); but it is not in
    order to provide that a subject be made a special order by way of a
    motion to

    [[Page 474]]

    postpone to a day certain (IV, 3164). Before the adoption of rules, and
    consequently before there is a rule as to the order of business, the
    Speaker may recognize a Member to offer for immediate consideration a
    special order providing for the consideration in the House of a
    subsequent resolution to adopt rules for the new Congress (H. Res. 5,
    Jan. 4, 1995, p. 447; H. Res. 5, Jan. 4, 2007, p. 7). A special order
    reported by the Committee on Rules must be agreed to by a majority vote
    of the House (IV, 3169).
      It is not in order to move to postpone a special order providing for
    the consideration of a class of bills (V, 4958), but a bill that comes
    before the House by the terms of a special order merely assigning the
    day for its consideration may be postponed by a majority vote (IV, 3177-
    3182). A motion to rescind a special order is not privileged under the
    rules regulating the order of business (IV, 3173, 3174; V, 5323).
      A motion to amend the Rules of the House does not present a question
    of privilege (VIII, 3377, overruling VIII, 3376; see also Sec. 706,
    supra), and it is not in order by raising a question of the privileges
    of the House under rule IX to move to direct the Committee on Rules to
    consider a request to report a special order of business (Speaker
    Albert, June 27, 1974, p. 21599), or to direct the Committee on Rules to
    meet, to elect a temporary chair (in the temporary absence of the chair)
    and consider special orders of business (Speaker Albert, July 31, 1975,
    p. 26250).
      For further discussion of the Committee on Rules, see Sec. Sec. 857-
    863, infra.

      (p) Committee on Science, Space, and Technology.
          (1) <> All energy
    research, development, and demonstration, and projects therefor, and all
    federally owned or operated nonmilitary energy laboratories.
          (2) Astronautical research and development, including resources,
    personnel, equipment, and facilities.
          (3) Civil aviation research and development.
          (4) Environmental research and development.
          (5) Marine research.
          (6) Commercial application of energy technology.

    [[Page 475]]

          (7) National Institute of Standards and Technology,
    standardization of weights and measures, and the metric system.
          (8) National Aeronautics and Space Administration.
          (9) National Space Council.
          (10) National Science Foundation.
          (11) National Weather Service.
          (12) Outer space, including exploration and control thereof.
          (13) Science scholarships.
          (14) Scientific research, development, and demonstration, and
    projects therefor.

      The standing Committee on Science and Astronautics was established in
    the 85th Congress and given jurisdiction formerly vested in a Select
    Committee on Astronautics and Space Exploration established a few months
    earlier (Mar. 5, 1958, p. 3443), as well as the former jurisdiction of
    the Committee on Interstate and Foreign Commerce (now Energy and
    Commerce) over the Bureau of Standards (now the National Institute of
    Standards and Technology) and science scholarships (July 21, 1958, p.
    14513). By the Committee Reform Amendments of 1974, effective January 3,
    1975, the committee was redesignated as the Committee on Science and
    Technology and given additional jurisdiction over civil aviation
    research and development, environmental research and development,
    nonnuclear energy research and development, and the National Weather
    Service (now part of the National Oceanic and Atmospheric
    Administration) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). At the
    same time the committee was given the general and special oversight
    functions set forth in clause 2(b) and former clause 3(f) (current
    clause 3(k)). When the House abolished the Joint Committee on Atomic
    Energy in the 95th Congress, this committee was given jurisdiction over
    nuclear research and development as well (H. Res. 5, Jan. 4, 1977, pp.
    53-70). Its jurisdiction over energy research and development (now
    subpara. (1)) was amended in the 96th Congress, effective January 3,
    1981, to specifically include energy demonstration projects and
    federally owned nonmilitary energy laboratories (H. Res. 549, Mar. 25,
    1980, pp. 6405-10). In the 100th Congress, the committee was
    redesignated as the Committee on Science, Space, and Technology (H. Res.
    5, Jan. 6, 1987, p. 6). In the 103d Congress the jurisdictional
    statement of the committee was updated to reflect the renaming of
    executive branch entities (H. Res. 5, Jan. 5, 1993, p. 49). The 104th
    Congress renamed the committee as the Committee on Science and ex

    [[Page 476]]

    panded its jurisdiction by adding subparagraph (5), from the former
    Committee on Merchant Marine and Fisheries, and subparagraph (6), from
    the Committee on Energy and Commerce (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. 464). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress, including the deletion
    of a redundant undesignated recitation of general and special oversight
    functions (H. Res. 5, Jan. 6, 1999, p. 47). The 110th Congress renamed
    the committee as the Committee on Science and Technology (sec. 216(a),
    H. Res. 6, Jan. 4, 2007, p. 19) and the 112th Congress redesignated it
    the Committee on Science, Space, and Technology (sec. 2(e)(9), H. Res.
    5, Jan. 5, 2011, p. 80).
      The committee has jurisdiction over proposals dealing with U.S.
    participation in the World Science Pan-Pacific Exposition (June 24,
    1959, p. 11810); over a resolution condemning Soviet Union internal
    exile of an individual, and recommending that Government agencies
    including NASA, the National Bureau of Standards and the National
    Science Foundation defer official travel to that country (Jan. 30, 1980,
    p. 1320); with the Committees on Armed Services and Interior and Insular
    Affairs (now Natural Resources), over bills to test the commercial
    viability of oil shale technologies within the naval oil shale reserves
    or on other public lands (Sept. 26, 1978, p. 31623); and with four other
    committees over a bill coordinating Federal agencies' research into
    ground water contamination, including that done by the Environmental
    Protection Agency (Mar. 15, 1989, p. 4163). The Committee on Natural
    Resources, and not this committee, has jurisdiction over a bill
    transferring interest in a National Oceanic and Atmospheric
    Administration fisheries research laboratory (Oct. 1, 2002, p. 18796).

      (q) Committee on Small Business.
          (1) <> Assistance to and
    protection of small business, including financial aid, regulatory
    flexibility, and paperwork reduction.
          (2) Participation of small-business enterprises in Federal
    procurement and Government contracts.

      A Select Committee on Small Business was first established in the 77th
    Congress (H. Res. 294, pp. 9418-28) and was reconstituted each Congress
    thereafter by resolution reported from the Committee on Rules until made
    permanent in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
      The Committee Reform Amendments of 1974 established a standing
    Committee on Small Business, effective January 3, 1975, and vested it
    with legislative jurisdiction formerly held by the Committee on Banking
    and Currency (now Financial Services) (subpara. (1)) and the Committee

    [[Page 477]]

    on the Judiciary (subpara. (2)) (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470). At the same time the general and special oversight functions
    were set forth in clause 2(b) and in former clause 3(g) (current clause
    3(l)). The 104th Congress expanded the jurisdiction of the committee
    over assistance to and protection of small business by inserting the
    references to regulatory flexibility and paperwork reduction in
    subparagraph (1) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464; see also
    Feb. 9, 1995, p. 4328) and later effected a technical correction (H.
    Res. 254, Nov. 30, 1995, p. 35077). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress,
    including the deletion of a redundant undesignated recitation of general
    and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47).

      (r) Committee on Transportation and Infrastructure.
          (1) <> Coast
    Guard, including lifesaving service, lighthouses, lightships, ocean
    derelicts, and the Coast Guard Academy.
          (2) Federal management of emergencies and natural disasters.
          (3) Flood control and improvement of rivers and harbors.
          (4) Inland waterways.
          (5) Inspection of merchant marine vessels, lights and signals,
    lifesaving equipment, and fire protection on such vessels.
          (6) Navigation and laws relating thereto, including pilotage.
          (7) Registering and licensing of vessels and small boats.
          (8) Rules and international arrangements to prevent collisions at
    sea.
          (9) The Capitol Building and the Senate and House Office
    Buildings.

    [[Page 478]]

          (10) Construction or maintenance of roads and post roads (other
    than appropriations therefor).
          (11) Construction or reconstruction, maintenance, and care of
    buildings and grounds of the Botanic Garden, the Library of Congress,
    and the Smithsonian Institution.
          (12) Merchant marine (except for national security aspects
    thereof).
          (13) Purchase of sites and construction of post offices,
    customhouses, Federal courthouses, and Government buildings within the
    District of Columbia.
          (14) Oil and other pollution of navigable waters, including
    inland, coastal, and ocean waters.
          (15) Marine affairs, including coastal zone management, as they
    relate to oil and other pollution of navigable waters.
          (16) Public buildings and occupied or improved grounds of the
    United States generally.
          (17) Public works for the benefit of navigation, including bridges
    and dams (other than international bridges and dams).
          (18) Related transportation regulatory agencies (except the
    Transportation Security Administration).
          (19) Roads and the safety thereof.
          (20) Transportation, including civil aviation, railroads, water
    transportation, transportation safety (except automobile safety and
    transportation security functions of the Department of Homeland
    Security), transportation infrastruc

    [[Page 479]]

    ture, transportation labor, and railroad retirement and unemployment
    (except revenue measures related thereto).
          (21) Water power.

      The committee was created effective January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
    Committees on Flood Control (created in 1916) (VII, 2069), Public
    Buildings and Grounds (created in 1837) (IV, 4231), Rivers and Harbors
    (created in 1883) (IV, 4118)), and Roads (created in 1913) (VII, 2065).
    The authority of the committee to report as privileged bills authorizing
    the improvement of rivers and harbors was eliminated by the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). At the same time the committee's
    jurisdiction over parks in the District of Columbia was transferred to
    the Committee on Interior and Insular Affairs (now Natural Resources);
    and it gained jurisdiction over transportation, including civil aviation
    (except railroads, railroad labor, and railroad pensions), over roads
    and the safety thereof, over water transportation subject to the
    jurisdiction of the Interstate Commerce Commission, and over related
    transportation regulatory agencies with certain exceptions. The 104th
    Congress changed the name of the Committee from Public Works and
    Transportation to Transportation and Infrastructure and expanded its
    jurisdiction by: adding subparagraphs (1), (5)-(8), (12), and (15) to
    reflect the transfer of those matters from the former Committee on
    Merchant Marine and Fisheries; adding subparagraph (4) and enlarging
    subparagraph (20) to reflect the transfer of those matters from the
    Committee on Energy and Commerce; and adding subparagraph (2) and
    inserting the reference to inland, coastal, and ocean waters in
    subparagraph (14), as clarifying consolidations of formerly
    fractionalized subjects (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress. The 106th Congress also adopted a
    substantive amendment to this provision deleting the prohibition against
    including a provision for a specific road in a bill providing for
    another specific road or in a general road bill (H. Res. 5, Jan. 6,
    1999, p. 47). In the 109th Congress the House established the Committee
    on Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42). The
    new committee was given jurisdiction over certain functions of the
    Department of Homeland Security that resulted in two conforming changes
    to this paragraph. For debate (and material submitted during debate)
    that may edify the reader on the jurisdictional issues surrounding the
    creation of that committee, see January 4, 2005, pp. 60-62.
      The committee has jurisdiction over proposals establishing Treasury
    revolving funds for the Southeastern and Southwestern Power
    Administrations (July 2, 1959, p. 12629); directing the Secretary of the
    Army to provide school facilities for dependents of Corps of Engineers
    construction workers

    [[Page 480]]

    (June 17, 1968, p. 17429); conveying Corps of Engineers flood-control
    project lands (July 15, 1965, p. 17002), naming reservoirs within such
    projects (Oct. 3, 1989, p. 22770) or allocating or limiting water use
    therefrom (Feb. 28, 1990, p. 2893); directing the Secretary of the Army
    to renew the license of an American Legion Post to use a parcel of land
    on a Corps of Engineer project (May 10, 1988, p. 10282); authorizing
    construction of an annex to the National Gallery of Art by the
    Smithsonian Institution (Apr. 10, 1968, p. 9553); addressing the
    location and development of the J. F. Kennedy Center for the Performing
    Arts (Sept. 15, 1965, p. 23927; Oct. 21, 1965, p. 27803); transferring
    land under the control of the Corps of Engineers to Indian tribes (Jan.
    29, 1976, p. 1577); amending the Interstate Commerce Act to regulate
    truck transportation (Feb. 24, 1976, p. 4109; Mar. 1, 1979, p. 3754);
    concerning the treatment of a U.S. air freight carrier by the Japanese
    Ministry of Transport pursuant to an understanding negotiated under the
    International Air Transportation Competition Act of 1979 (not a Trade
    Act matter) (July 28, 1988, p. 19536); and over an executive
    communication amending Public Law 90-553, reported by the committee, to
    authorize the transfer, conveyance, lease and improvement of, and
    construction on, certain property in the District of Columbia, for use
    as a headquarters site for an international organization, as sites for
    governments of foreign countries (Sept. 15, 1981, p. 20598). The
    Committee on Government Reform and Oversight (now Oversight and
    Government Reform), and not this committee, has jurisdiction over a bill
    renaming an existing post office building (Aug. 4, 1995, p. 22085; Oct.
    1, 1998, p. 22933) and renaming an existing post office building that
    also housed a courthouse (Sept. 14, 2000, p. 18054). However, this
    committee, and not the Committee on Oversight and Government Reform, has
    jurisdiction over a bill redesignating a general-purpose Federal
    building as a post office (Apr. 24, 1997, p. 6291). This committee, and
    not the Committee on Ways and Means, has jurisdiction over a bill
    designating a customs building (Dec. 12, 1995, p. 36165). The Committee
    on Natural Resources, and not this committee, has jurisdiction over a
    bill to validate certain conveyances of erstwhile public lands by a
    railway company (July 11, 1995, p. 18397). The Committee on Oversight
    and Government Reform, and not this committee, has jurisdiction over a
    bill transferring real property administered by the Coast Guard where
    the bill explicitly waives the Federal Property and Administrative
    Services Act and directs the Administrator of General Services to convey
    the property (Oct. 2, 1998, p. 23186).
      The committee has shared jurisdiction: with the Committee on Energy
    and Commerce over a bill amending the Solid Waste Disposal Act to
    provide for the cleanup of hazardous waste sites or discharges
    presenting a threat to human health and the environment, including
    navigable waters (Mar. 21, 1984, p. 6186); with the Committee on
    Government Operations (now Oversight and Government Reform) over a bill
    to require the Administrator of General Services to convey certain real
    property (a Federal building) to the Museum for the American Indian and
    providing for renovation and

    [[Page 481]]

    alteration of the property (Oct. 28, 1987, p. 29685); with the Committee
    on House Administration over a bill authorizing the Smithsonian
    Institution to construct, expand, and renovate facilities at the Cooper-
    Hewitt Museum in New York (July 21, 1987, p. 20309), and over a bill
    authorizing appropriations to plan, design, construct, and equip museum
    space for the Smithsonian (July 18, 1991, p. 18830); with several other
    committees over bills to convert from a defense economy by, inter alia,
    authorizing economic assistance for public works and economic
    development (June 24, 1991, p. 16021; June 11, 1992, p. 14470); and with
    the Committee on Education and Labor (now Education and the Workforce)
    over bills providing labor protections to workers, including airline
    employees, in the transportation industry (June 24, 1991, p. 16020; Feb.
    24, 1993, p. 3577).
      In the 101st Congress, the committee reported a bill requiring a
    cooling-off period in a labor-management dispute between an airline and
    its unions under the Railway Labor Act (H.R. 1231, Mar. 13, 1989, p.
    4032).

      (s) Committee on Veterans' Affairs.
          (1) Veterans' measures generally.
          (2) <> Cemeteries of the
    United States in which veterans of any war or conflict are or may be
    buried, whether in the United States or abroad (except cemeteries
    administered by the Secretary of the Interior).
          (3) Compensation, vocational rehabilitation, and education of
    veterans.
          (4) Life insurance issued by the Government on account of service
    in the Armed Forces.
          (5) Pensions of all the wars of the United States, general and
    special.
          (6) Readjustment of servicemembers to civil life.
          (7) Servicemembers' civil relief.
          (8) Veterans' hospitals, medical care, and treatment of veterans.

      This committee was established January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), and was vested
    with jurisdiction formerly exercised by the Committees on World War
    Veterans' Legislation (VII, 2077); Invalid Pensions (IV, 4258); and
    Pensions (IV, 4260). Jurisdiction over veterans' cemeteries administered
    by the Department of De

    [[Page 482]]

    fense was transferred from the Committee on Interior and Insular Affairs
    (now Natural Resources) in the 90th Congress (H. Res. 241, Oct. 20,
    1967, p. 29560), a matter now shared with the Committee on Armed
    Services. Vocational rehabilitation, except that pertaining to veterans,
    is under the jurisdiction of the Committee on Education and the
    Workforce. The committee has jurisdiction over bills to amend the
    Servicemembers Civil Relief Act to permit certain declarations of fact
    in lieu of affidavits (Feb. 4, 1959, p. 1812), and over bills to amend
    the Servicemen's and Veterans' Survivor Benefits Act relating to
    service-connected deaths of retired members of the uniformed services
    (May 18, 1959, p. 8273). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47). Technical changes to subparagraphs (6) and (7)
    were effected in the 109th Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005,
    p. 44).

      (t) Committee on Ways and Means.
          (1) <> Customs revenue,
    collection districts, and ports of entry and delivery.
          (2) Reciprocal trade agreements.
          (3) Revenue measures generally.
          (4) Revenue measures relating to insular possessions.
          (5) Bonded debt of the United States, subject to the last sentence
    of clause 4(f).
          (6) Deposit of public monies.
          (7) Transportation of dutiable goods.
          (8) Tax exempt foundations and charitable trusts.
          (9) National social security (except health care and facilities
    programs that are supported from general revenues as opposed to payroll
    deductions and except work incentive programs).

      A select Committee on Ways and Means dates from 1789. It was made a
    standing committee in 1802. Originally it considered both revenue and
    appropriations, but in 1865 the appropriation bills were given to the
    Committee on Appropriations and certain other bills to the Committee on
    Banking and Currency (now Financial Services) (IV, 4020). Its
    jurisdiction was

    [[Page 483]]

    also amended on April 5, 1911 (p. 58), and further defined in the
    Legislative Reorganization Act of 1946 (60 Stat. 812), which transferred
    the subject of recesses and final adjournments from this committee to
    the Committee on Rules.
      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the committee gained legislative jurisdiction over tax exempt
    foundations and charitable trusts (subpara. (8)), formerly within the
    jurisdiction of the Committee on Banking and Currency (now Financial
    Services) because of their impact on the economy, while it was released
    from: jurisdiction over health care and facilities programs supported
    from general revenues to the Committee on Energy and Commerce;
    jurisdiction over work incentive programs to the Committee on Education
    and Labor (now Education and the Workforce); and jurisdiction over
    renegotiation to the Committee on Banking, Finance and Urban Affairs
    (now Financial Services) (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). The Committee Reform Amendments also transferred jurisdiction
    over general revenue sharing from this committee to the Committee on
    Government Operations (now Oversight and Government Reform); however,
    revenue sharing was stricken from the jurisdictional statement of that
    committee in the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995,
    p. 464).
      The committee's jurisdiction over the bonded debt of the United States
    (subpara. (5)) was made subject to the last sentence of clause 4(f)
    (formerly clause 4(g)) of rule X in the 96th Congress by Public Law 96-
    78 (93 Stat. 589). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47). In the 109th Congress the House established the Committee
    on Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42), which
    was given jurisdiction over certain functions of the Department of
    Homeland Security that resulted in a conforming change to this
    paragraph. For debate (and material submitted during debate) that may
    edify the reader on the jurisdictional issues surrounding the creation
    of that committee, see January 4, 2005, pp. 60-62.
      The revenue jurisdiction of the committee extends to such subjects as
    transportation of dutiable goods, collection districts, ports of entry
    and delivery (IV, 4026), customs unions, reciprocity treaties (IV,
    4021), revenue relations of the United States with Puerto Rico (IV,
    4025), the revenue bills relating to agricultural products generally,
    excepting oleomargarine (IV, 4022), and tax on cotton and grain futures.
    The committee formerly had jurisdiction as to seal herds and other
    revenue-producing animals in Alaska but this jurisdiction was changed in
    the 68th Congress to the former Committee on Merchant Marine and
    Fisheries (VII, 1725, 1851). As exemplified by sequential referrals in
    the 96th Congress, the committee has jurisdiction over reported bills
    creating major oil spill and hazardous waste trust funds in the
    Treasury, funded by assessments on all quantities of oil, petrochemical
    feedstocks, and other hazardous substances offered for sale, where the
    scope and size of the funds and the method of assessment

    [[Page 484]]

    (similar to an excise tax) represented the collection of general revenue
    to fund particular Federal activities, a type of financing mechanism
    over which the Ways and Means Committee has traditionally exercised
    jurisdiction (May 20, 1980, p. 11862).
      The committee has jurisdiction over subjects relating to the Treasury
    of the United States and the deposit of the public moneys (IV, 4028),
    but it failed to make good a claim to the subjects of ``national
    finances'' and ``preservation of the Government credit'' (IV, 4023). The
    committee has jurisdiction over bills providing tax incentives for
    persons investing in Indian property (Feb. 1, 1964, p. 1582), providing
    unemployment compensation to individuals with military or Federal
    service (Apr. 28, 1976, p. 11590), providing extended and increased
    unemployment compensation (Apr. 16, 1975, p. 10346), and over private
    bills waiving provisions of the Tariff Act to require reliquidation of
    certain imported materials as duty-free (July 13, 1982, p. 16014). The
    Committee on Transportation and Infrastructure, and not this committee,
    has jurisdiction over a bill to designate a customs administrative
    building (Dec. 12, 1995, p. 36165). The Committee on the Budget, and not
    this committee, has jurisdiction over a bill establishing a rule of
    sequestration under the Balanced Budget and Emergency Deficit Control
    Act (Dec. 15, 2000, p. 27085). The Committee on the Budget has primary
    jurisdiction, and this committee has additional jurisdiction, over a
    bill taking Social Security trust funds off budget (Dec. 15, 2000, p.
    27085).
      The committee has exercised jurisdiction, with the Committee on Public
    Works and Transportation (now Transportation and Infrastructure), over
    executive communications proposing draft legislation reauthorizing the
    Surface Transportation Act but also containing a revenue title raising
    taxes to fund surface transportation programs (Mar. 20, 1986, p. 5804);
    with the former Committee on Merchant Marine and Fisheries (succeeded by
    the Committee on Natural Resources) over a bill amending the Fishermen's
    Protective Act to authorize the President to prohibit the importation of
    any product from a country violating an international fishery
    conservation program (Mar. 21, 1989, p. 5077); and with three other
    committees over a bill imposing certain international economic sanctions
    including tariffs (May 27, 1992, p. 12658).
      The committee in the earlier practice reported resolutions
    distributing the President's annual message (IV, 4030), but since the
    first session of the 64th Congress this practice has been discontinued
    (VIII, 3350).

    General oversight responsibilities
      2. (a) <> The various standing
    committees shall have general oversight responsibilities as provided in
    paragraph (b) in order to assist the House in--

    [[Page 485]]

          (1) its analysis, appraisal, and evaluation of--
              (A) the application, administration, execution, and
    effectiveness of Federal laws; and
              (B) conditions and circumstances that may indicate the
    necessity or desirability of enacting new or additional legislation; and
          (2) its formulation, consideration, and enactment of changes in
    Federal laws, and of such additional legislation as may be necessary or
    appropriate.
      (b)(1) In order to determine whether laws and programs addressing
    subjects within the jurisdiction of a committee are being implemented
    and carried out in accordance with the intent of Congress and whether
    they should be continued, curtailed, or eliminated, each standing
    committee (other than the Committee on Appropriations) shall review and
    study on a continuing basis--
          (A) the application, administration, execution, and effectiveness
    of laws and programs addressing subjects within its jurisdiction;
          (B) the organization and operation of Federal agencies and
    entities having responsibilities for the administration and execution of
    laws and programs addressing subjects within its jurisdiction;
          (C) any conditions or circumstances that may indicate the
    necessity or desirability of enacting new or additional legislation
    addressing subjects within its jurisdiction (whether or

    [[Page 486]]

    not a bill or resolution has been introduced with respect thereto); and
          (D) future research and forecasting on subjects within its
    jurisdiction.
      (2) <> Each committee to
    which subparagraph (1) applies having more than 20 members shall
    establish an oversight subcommittee, or require its subcommittees to
    conduct oversight in their respective jurisdictions, to assist in
    carrying out its responsibilities under this clause. The establishment
    of an oversight subcommittee does not limit the responsibility of a
    subcommittee with legislative jurisdiction in carrying out its oversight
    responsibilities.
      (c) Each standing committee shall review and study on a continuing
    basis the impact or probable impact of tax policies affecting subjects
    within its jurisdiction as described in clauses 1 and 3.
      (d)(1) Not later than February 15 of the first session of a Congress,
    each standing committee shall, in a meeting that is open to the public
    and with a quorum present, adopt its oversight plan for that Congress.
    Such plan shall be submitted simultaneously to the Committee on
    Oversight and Government Reform and to the Committee on House
    Administration. In developing its plan each committee shall, to the
    maximum extent feasible--
          (A) consult with other committees that have jurisdiction over the
    same or related laws, programs, or agencies within its jurisdiction with
    the objective of ensuring maximum coordina

    [[Page 487]]

    tion and cooperation among committees when conducting reviews of such
    laws, programs, or agencies and include in its plan an explanation of
    steps that have been or will be taken to ensure such coordination and
    cooperation;
          (B) review specific problems with Federal rules, regulations,
    statutes, and court decisions that are ambiguous, arbitrary, or
    nonsensical, or that impose severe financial burdens on individuals;
          (C) give priority consideration to including in its plan the
    review of those laws, programs, or agencies operating under permanent
    budget authority or permanent statutory authority;
          (D) have a view toward ensuring that all significant laws,
    programs, or agencies within its jurisdiction are subject to review
    every 10 years;
          (E) have a view toward insuring against duplication of Federal
    programs; and
          (F) include proposals to cut or eliminate programs, including
    mandatory spending programs, that are inefficient, duplicative,
    outdated, or more appropriately administered by State or local
    governments.
      (2) Not later than March 31 in the first session of a Congress, after
    consultation with the Speaker, the Majority Leader, and the Minority
    Leader, the Committee on Oversight and Government Reform shall report to
    the House the oversight plans submitted by committees together with any
    recommendations that it, or the House leadership group described above,
    may

    [[Page 488]]

    make to ensure the most effective coordination of oversight plans and
    otherwise to achieve the objectives of this clause.
      (e) The Speaker, with the approval of the House, may appoint special
    ad hoc oversight committees for the purpose of reviewing specific
    matters within the jurisdiction of two or more standing committees.

      Clause 2(a), and the first requirement of clause 2(b)(1) that each
    standing committee shall review the application, etc., of all laws
    within its jurisdiction, were originally contained in section 118(b) of
    the Legislative Reorganization Act of 1970 (84 Stat. 1140) and were made
    part of the standing rules on January 22, 1971 (H. Res. 5, p. 144).
    Effective January 3, 1975, general oversight responsibilities set forth
    in the remainder of the clause were incorporated into the rule (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). Oversight responsibilities are
    also contained in section 190d of title 2, United States Code. On
    January 14, 1975, the size of those standing committees required by
    clause 2(b)(2) (formerly clause 2(b)(1)) to establish an oversight
    subcommittee or to require its subcommittees to conduct oversight was
    increased from 15 to more than 20 (H. Res. 5, 94th Cong., p. 20). In the
    100th Congress a requirement that representatives from the Committee on
    Government Operations (now Oversight and Government Reform) meet with
    other committees at the beginning of each Congress to discuss oversight
    plans and that that committee report to the House its oversight
    coordination recommendations within 60 days after the convening of the
    first session was deleted (H. Res. 5, Jan. 6, 1987, p. 6). The 104th
    Congress added the requirement that each standing committee adopt by
    February 15 of the first session of a Congress its oversight plans for
    that Congress, such plans to be submitted to the Committees on
    Government Reform and Oversight (now Oversight and Government Reform)
    and House Oversight (now House Administration). The 104th Congress also
    added paragraph (e) (sec. 203(a), H. Res. 6, Jan. 4, 1995, p. 467). The
    106th Congress deleted a provision added in the 104th Congress making
    consideration of resolutions funding each committee contingent on
    submission of its oversight plans to the committees specified; deleted
    the exception for the Committee on the Budget from the general oversight
    responsibilities listed in clause 2(b); effected clerical corrections to
    conform references to a renamed committee; and effected clerical and
    stylistic changes when the House recodified its rules (H. Res. 5, Jan.
    6, 1999, p. 47). Clause 2(d)(1)(B) was added in the 107th Congress (sec.
    2(e), H. Res. 5, Jan. 3, 2001, p. 25). Clause 2(d)(1)(E) was added in
    the 109th Congress (sec. 2(b), H. Res. 5, Jan. 4, 2005, pp. 42, 43) and
    clause 2(d)(1)(F) was added in the 112th Congress (sec. 2(c)(11), H.
    Res. 5, Jan. 5, 2011, p. 80). Paragraph (d) was

    [[Page 489]]

    amended in the 110th Congress to reflect a change in committee name
    (sec. 215(b), H. Res. 6, Jan. 4, 2007, p. 19).

    Special oversight functions
      3. <> (a) The Committee on
    Appropriations shall conduct such studies and examinations of the
    organization and operation of executive departments and other executive
    agencies (including an agency the majority of the stock of which is
    owned by the United States) as it considers necessary to assist it in
    the determination of matters within its jurisdiction.
      (b) The Committee on Armed Services shall review and study on a
    continuing basis laws, programs, and Government activities relating to
    international arms control and disarmament and the education of military
    dependents in schools.
      (c) The Committee on the Budget shall study on a continuing basis the
    effect on budget outlays of relevant existing and proposed legislation
    and report the results of such studies to the House on a recurring
    basis.
      (d) The Committee on Education and the Workforce shall review, study,
    and coordinate on a continuing basis laws, programs, and Government
    activities relating to domestic educational programs and institutions
    and programs of student assistance within the jurisdiction of other
    committees.
      (e) The Committee on Energy and Commerce shall review and study on a
    continuing basis laws, programs, and Government activities relating to
    nuclear and other energy and nonmilitary

    [[Page 490]]

    nuclear energy research and development including the disposal of
    nuclear waste.
      (f) The Committee on Foreign Affairs shall review and study on a
    continuing basis laws, programs, and Government activities relating to
    customs administration, intelligence activities relating to foreign
    policy, international financial and monetary organizations, and
    international fishing agreements.
      (g)(1) The Committee on Homeland Security shall review and study on a
    continuing basis all Government activities relating to homeland
    security, including the interaction of all departments and agencies with
    the Department of Homeland Security.
      (2) In addition, the committee shall review and study on a primary and
    continuing basis all Government activities, programs, and organizations
    related to homeland security that fall within its primary legislative
    jurisdiction.
      (h) The Committee on Natural Resources shall review and study on a
    continuing basis laws, programs, and Government activities relating to
    Native Americans.
      (i) The Committee on Oversight and Government Reform shall review and
    study on a continuing basis the operation of Government activities at
    all levels with a view to determining their economy and efficiency.
      (j) The Committee on Rules shall review and study on a continuing
    basis the congressional budget process, and the committee shall report

    [[Page 491]]

    its findings and recommendations to the House from time to time.
      (k) The Committee on Science, Space, and Technology shall review and
    study on a continuing basis laws, programs, and Government activities
    relating to nonmilitary research and development.
      (l) The Committee on Small Business shall study and investigate on a
    continuing basis the problems of all types of small business.
      (m) The Permanent Select Committee on Intelligence shall review and
    study on a continuing basis laws, programs, and activities of the
    intelligence community and shall review and study on an exclusive basis
    the sources and methods of entities described in clause 11(b)(1)(A).

      The oversight authority conferred on the Committee on Appropriations
    was first given that committee on February 11, 1943 (p. 884), continued
    by resolution of January 9, 1945 (p. 135), and incorporated into
    permanent law in section 202(b) of the Legislative Reorganization Act of
    1946, and made a part of the standing rules on January 3, 1953 (pp. 17,
    24). The special oversight responsibilities of the Committee on the
    Budget were made part of the rules effective July 12, 1974 by section
    101(c) of the Congressional Budget Act of 1974 (88 Stat. 300). Paragraph
    (e) (formerly paragraph (h)) was added on January 4, 1977, upon the
    abolition of the legislative jurisdiction in the House of the Joint
    Committee on Atomic Energy (H. Res. 5, 95th Cong., pp. 53-70). The
    special oversight responsibilities of the Committee on Energy and
    Commerce over nuclear energy to all energy programs became effective
    January 3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). The oversight
    authority conferred on the Committee on Oversight and Government Reform
    was first made effective as part of the Legislative Reorganization Act
    of 1946 (60 Stat. 812). In the 104th Congress conforming amendments to
    the special oversight functions of the Committees on Natural Resources
    and Energy and Commerce were adopted to reflect the transfer of
    jurisdiction over nonmilitary nuclear energy from the Committee on
    Natural Resources to the Committee on Energy and Commerce (H. Res. 254,
    Nov. 30, 1995, p. 35077). Paragraph (j) was added by section 226 of the
    Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177).
    The remainder of the clause (except for

    [[Page 492]]

    paragraphs (g) and (m)) became effective January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). This clause has been amended several
    times to conform references to renamed committees (H. Res. 89, Feb. 5,
    1979, p. 1848; H. Res. 549, Mar. 25, 1980, pp. 6405-10; H. Res. 5, Jan.
    5, 1993, p. 49; sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5,
    Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. 47; H. Res. 6, Jan. 4,
    2007, p. 19; H. Res. 5, Jan. 5, 2011, p. 80). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress, including the transfer to this clause of oversight functions
    of the Committees on Oversight and Government Reform and Appropriations
    found in clause 2 (H. Res. 5, Jan. 6, 1999, p. 47). The oversight
    authority of the Permanent Select Committee on Intelligence in paragraph
    (m) was added in the 107th Congress (sec. 2(f), H. Res. 5, Jan. 3, 2001,
    p. 25). The Committee on Homeland Security was established in the 109th
    Congress and given the oversight authority set forth in paragraph (g)(1)
    (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42). Paragraph (g)(2) was added
    in the 111th Congress (sec. 2(b), H. Res. 5, Jan. 6, 2009, p. 7).
      Section 9 of the House Administrative Reform Resolution of 1992 (H.
    Res. 423, Apr. 9, 1992, p. 9040) added a paragraph in this clause
    creating a bipartisan Subcommittee on Administrative Oversight of the
    Committee on House Administration, to be chaired by the chair of the
    Committee on House Administration and to be composed of members of the
    Committee on House Administration, one-half from the majority party and
    one-half from the minority party. The paragraph was rewritten in the
    103d Congress to provide that the Speaker, the Majority and Minority
    Leaders, and the chair and ranking minority member of the Committee on
    House Administration be informed of tie votes in that subcommittee (H.
    Res. 5, Jan. 5, 1993, p. 49), but the paragraph was deleted entirely in
    the 104th Congress (sec. 201(d), H. Res. 6, Jan. 4, 1995, p. 463).

    Additional functions of committees
      4. <> (a)(1)(A) The Committee on Appropriations shall, within 30
    days after the transmittal of the Budget to Congress each year, hold
    hearings on the Budget as a whole with particular reference to--
          (i) the basic recommendations and budgetary policies of the
    President in the presentation of the Budget; and

    [[Page 493]]

          (ii) the fiscal, financial, and economic assumptions used as bases
    in arriving at total estimated expenditures and receipts.
      (B) In holding hearings under subdivision (A), the committee shall
    receive testimony from the Secretary of the Treasury, the Director of
    the Office of Management and Budget, the Chairman of the Council of
    Economic Advisers, and such other persons as the committee may desire.
      (C) <> A hearing under
    subdivision (A), or any part thereof, shall be held in open session,
    except when the committee, in open session and with a quorum present,
    determines by record vote that the testimony to be taken at that hearing
    on that day may be related to a matter of national security. The
    committee may by the same procedure close one subsequent day of hearing.
    A transcript of all such hearings shall be printed and a copy thereof
    furnished to each Member, Delegate, and the Resident Commissioner.
      (D) A hearing under subdivision (A), or any part thereof, may be held
    before a joint meeting of the committee and the Committee on
    Appropriations of the Senate in accordance with such procedures as the
    two committees jointly may determine.

      This part of clause 4 was originally contained in section 242(c)(1) of
    the Legislative Reorganization Act of 1970 and was made part of the
    standing rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
    Paragraph (a)(1)(C), requiring open hearings, was first adopted in the
    93d Congress (H. Res. 259, Mar. 7, 1973, pp. 6713-20) and was amended in
    the 94th Congress to limit the effect of a vote to close a hearing to
    that day and one subsequent day (H. Res. 5, Jan. 14, 1975, p. 20).
    Clerical and stylistic

    [[Page 494]]

    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. 47).

    -  (2) <> Pursuant to section 401(b)(2) of the Congressional
    Budget Act of 1974, when a committee reports a bill or joint resolution
    that provides new entitlement authority as defined in section 3(9) of
    that Act, and enactment of the bill or joint resolution, as reported,
    would cause a breach of the committee's pertinent allocation of new
    budget authority under section 302(a) of that Act, the bill or joint
    resolution may be referred to the Committee on Appropriations with
    instructions to report it with recommendations (which may include an
    amendment limiting the total amount of new entitlement authority
    provided in the bill or joint resolution). If the Committee on
    Appropriations fails to report a bill or joint resolution so referred
    within 15 calendar days (not counting any day on which the House is not
    in session), the committee automatically shall be discharged from
    consideration of the bill or joint resolution, and the bill or joint
    resolution shall be placed on the appropriate calendar.
      (3) In addition, the Committee on Appropriations shall study on a
    continuing basis those provisions of law that (on the first day of the
    first fiscal year for which the congressional budget process is
    effective) provide spending authority or permanent budget authority and
    shall report to the House from time to time its recommendations for
    terminating or modifying such provisions.

    [[Page 495]]

      (4) In the manner provided by section 302 of the Congressional Budget
    Act of 1974, the Committee on Appropriations (after consulting with the
    Committee on Appropriations of the Senate) shall subdivide any
    allocations made to it in the joint explanatory statement accompanying
    the conference report on such concurrent resolution, and promptly report
    the subdivisions to the House as soon as practicable after a concurrent
    resolution on the budget for a fiscal year is agreed to.

      Subparagraph (2) first became effective on July 12, 1974, by inclusion
    in section 401(b)(2) of the Congressional Budget Act of 1974 (88 Stat.
    317), was incorporated into the rules effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470), was amended in the 95th
    Congress to correct an error in cross-reference (H. Res. 5, Jan. 4,
    1977, pp. 53-70), and was again amended in the 105th Congress to reflect
    the repeal of the collective definition of ``new spending authority''
    and the revision of various remaining parts (Budget Enforcement Act of
    1997 (sec. 10116, P.L. 105-33). Subparagraph (3) was also contained in
    the Congressional Budget Act of 1974 in section 402(f), and was likewise
    incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). The requirements of subparagraph (4)
    (formerly paragraph (h)) was originally contained in section 302(b) of
    the Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974) and
    was incorporated into this rule effective January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). It was amended by the Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508) to conform to the
    enactment of title VI of the Budget Act. It was again amended by the
    Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-33) to conform to
    the subsequent repeal of title VI. Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress,
    including the transfer of former paragraph (h) to this paragraph as new
    subparagraph (4) (H. Res. 5, Jan. 6, 1999, p. 47).

      A former <> subparagraph (5) added in the 110th Congress established a
    Select Intelligence Oversight Panel of the Committee on Appropriations
    to review budget requests for and execution of intelligence activities
    (H. Res. 35, Jan. 9, 2007, p. 567). It was abolished in the 112th
    Congress (sec. 2(e)(10), H. Res. 5, Jan. 5, 2011, p. 80).

      (b) The Committee on the Budget shall--

    [[Page 496]]

          (1) <> review on a continuing basis the
    conduct by the Congressional Budget Office of its functions and duties;
          (2) hold hearings and receive testimony from Members, Senators,
    Delegates, the Resident Commissioner, and such appropriate
    representatives of Federal departments and agencies, the general public,
    and national organizations as it considers desirable in developing
    concurrent resolutions on the budget for each fiscal year;
          (3) make all reports required of it by the Congressional Budget
    Act of 1974;
          (4) study on a continuing basis those provisions of law that
    exempt Federal agencies or any of their activities or outlays from
    inclusion in the Budget of the United States Government, and report to
    the House from time to time its recommendations for terminating or
    modifying such provisions;
          (5) study on a continuing basis proposals designed to improve and
    facilitate the congressional budget process, and report to the House
    from time to time the results of such studies, together with its
    recommendations; and
          (6) request and evaluate continuing studies of tax expenditures,
    devise methods of coordinating tax expenditures, policies, and programs
    with direct budget outlays, and report the results of such studies to
    the House on a recurring basis.

      Paragraph (b)(1) became a part of the rules on July 12, 1974 by
    enactment of section 101(c) of the Congressional Budget Act of 1974 (88
    Stat.

    [[Page 497]]

    300). Subparagraph (2), contained in section 301(d) of that Act,
    subparagraph (3), subparagraph (4), contained in section 606 of that
    Act, and subparagraph (5), contained in section 703 of that Act, all
    were made part of the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). Paragraph (b)(2) was amended in the 99th
    Congress by section 232 of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177) to remove reference to the first
    concurrent resolution on the budget. Before the House recodified its
    rules in the 106th Congress, subparagraph (6) was found in former clause
    1(d)(5)(C) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).

      (c)(1) <> The
    Committee on Oversight and Government Reform shall--
          (A) receive and examine reports of the Comptroller General of the
    United States and submit to the House such recommendations as it
    considers necessary or desirable in connection with the subject matter
    of the reports;
          (B) evaluate the effects of laws enacted to reorganize the
    legislative and executive branches of the Government; and
          (C) study intergovernmental relationships between the United
    States and the States and municipalities and between the United States
    and international organizations of which the United States is a member.
          (2) In addition to its duties under subparagraph (1), the
    Committee on Oversight and Government Reform may at any time conduct
    investigations of any matter without regard to clause 1, 2, 3, or this
    clause conferring jurisdiction over the matter to another standing
    committee. The findings and recommendations of the committee in such an
    investigation shall be made available to any other standing com

    [[Page 498]]

    mittee having jurisdiction over the matter involved.

      Paragraph (c)(1) became effective January 2, 1947, as part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812). Paragraph (c)(2)
    was made a function of the Committee effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph (c)(2) was amended in
    the 107th Congress to delete the requirement that committees include
    oversight findings and recommendations by the Committee on Government
    Reform in their reports as was required under the former clause 3(c)(4)
    of rule XIII (sec. 2(l), H. Res. 5, Jan. 3, 2001, p. 24). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Under section 2954
    of title 5, United States Code, an executive agency, if so requested by
    this committee or any seven members thereof, shall submit any
    information requested of it relating to any matter within the
    jurisdiction of the committee.
      (3)(A) <> The Committee on
    Oversight and Government Reform may adopt a rule authorizing and
    regulating the taking of depositions by a member or counsel of the
    committee, including pursuant to subpoena under clause 2(m) of rule XI
    (which hereby is made applicable for such purpose).
      (B) A rule adopted by the committee pursuant to this subparagraph--
          (i) may provide that a deponent be directed to subscribe an oath
    or affirmation before a person authorized by law to administer the same;
          (ii) shall ensure that the minority members and staff of the
    committee are accorded equitable treatment with respect to notice of and
    a reasonable opportunity to participate in any proceeding conducted
    thereunder; and
          (iii) shall, unless waived by the deponent, require the attendance
    of a member of the committee.

    [[Page 499]]

      (C) Information secured pursuant to the authority described in
    subdivision (A) shall retain the character of discovery until offered
    for admission in evidence before the committee, at which time any proper
    objection shall be timely.

      This subparagraph was added in the 110th Congress (sec. 502, H. Res.
    6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). Subdivision (A)(iii) was
    added in the 112th Congress (sec. 2(e)(14), H. Res. 5, Jan. 5, 2011, p.
    80). Other committees have been granted such authority generally (sec.
    3(b), H. Res. 5, Jan. 6, 2015, p. _) or for specific investigations
    (Dec. 5, 2007, p. 32250; sec. 4(f), H. Res. 5, Jan. 6, 2009, p. 10; May
    20, 2010, p. 8758).

      (d)(1) <> The Committee on
    House Administration shall--
      (A) <> provide policy
    direction for the Chief Administrative Officer and the Inspector General
    and oversight of the Clerk, Sergeant-at-Arms, Chief Administrative
    Officer, and Inspector General;
      (B) oversee the management of services provided to the House by the
    Architect of the Capitol, except those services that lie within the
    jurisdiction of the Committee on Transportation and Infrastructure under
    clause 1(r);
      (C) <> have the function of
    accepting on behalf of the House a gift, except as otherwise provided by
    law, if the gift does not involve a duty, burden, or condition, or is
    not made dependent on some future performance by the House;
      (D) promulgate regulations to carry out subdivision (C); and

    [[Page 500]]

      (E) establish and maintain standards for making documents publicly
    available in electronic form by the House and its committees.
      (2) <> An employing
    office of the House may enter into a settlement of a complaint under the
    Congressional Accountability Act of 1995 that provides for the payment
    of funds only after receiving the joint approval of the chair and
    ranking minority member of the Committee on House Administration
    concerning the amount of such payment.

      The duty of the committee to arrange for memorial services of Members
    was eliminated from the rules effective January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). Former paragraph (d)(3) required the
    committee to provide a committee scheduling service, which was provided
    through House Information Resources and was made mandatory on all
    committees and subcommittees in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113). The requirement was stricken altogether when two
    provisions were added by section 10 of the House Administrative Reform
    Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. 9040) to
    ensure the orderly transfer of functions and entities from elected
    officers to the Director of Non-legislative and Financial Services and
    to provide for policy direction and oversight of certain administrative
    officials and elected officers. However, in the 107th Congress the House
    amended clause 4(d)(1) of rule X to remove the requirement that the
    committee provide policy direction to such officials and officers except
    the Inspector General (sec. 2(g), H. Res. 5, Jan. 3, 2001, p. 24), but
    policy direction for the Chief Administrative Officer was restored in
    the 114th Congress (sec. 2(a)(3), H. Res. 5, Jan. 6, 2015, p. _). The
    committee also provides policy review and oversight of the Chief
    Executive Officer for Visitor Services within the Office of the
    Architect of the Capitol (sec. 6701, P.L. 110-28). In the 104th Congress
    the rule was amended (1) to reflect the change in the name of the
    Committee on House Administration to the Committee on House Oversight
    and (2) to reflect the abolishment of the Director of Non-legislative
    and Financial Services (sec. 201, H. Res. 6, Jan. 4, 1995, p. 463).
    Later in the 104th Congress the provision for the acceptance of gifts
    was added as paragraph (d)(3) (H. Res. 250, Nov. 16, 1995, p. 33434). In
    the 105th Congress paragraph (d) was redesignated as (d)(1), its former
    subparagraphs (1) through (3) were redesignated as (1)(A) through
    (1)(C), and a new paragraph (d)(2) was added to require approval by the
    committee for monetary settlements of certain employment claims (H. Res.
    5, Jan. 7, 1997, p. 121). In the 111th Congress a new subparagraph
    (1)(B) was inserted regarding

    [[Page 501]]

    the Architect of the Capitol (and existing subparagraphs (1)(B) and
    (1)(C) were redesignated) (sec. 2(c), H. Res. 5, Jan. 6, 2009, p. 7). In
    the 112th Congress subparagraph (E) was added (sec. 2(c), H. Res. 5,
    Jan. 5, 2011, p. 80). The 104th Congress also prohibited the
    establishment or continuation of any legislative service organization
    (as that term had been understood in the 103d Congress) and directed the
    Committee on House Oversight (now House Administration) to take such
    steps as were necessary to ensure an orderly termination and accounting
    for funds of any legislative service organization in existence on
    January 3, 1995 (sec. 222, H. Res. 6, Jan. 4, 1995, p. 469), but the
    114th Congress authorized the payment of salaries and expenses by
    certain similar groups (called ``Congressional Member Organizations'')
    that had registered with the Committee on House Administration during
    the previous Congress (sec. 3(p), H. Res. 5, Jan. 6, 2015, p. _).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). The
    107th Congress transferred the committee's responsibilities with respect
    to enrolled bills (formerly paragraph (d)(1)(A)) to the Clerk (clause
    2(d)(2) of rule II) (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 25).

      (e)(1) <> Each standing
    committee shall, in its consideration of all public bills and public
    joint resolutions within its jurisdiction, ensure that appropriations
    for continuing programs and activities of the Federal Government and the
    government of the District of Columbia will be made annually to the
    maximum extent feasible and consistent with the nature, requirement, and
    objective of the programs and activities involved. In this subparagraph
    programs and activities of the Federal Government and the government of
    the District of Columbia includes programs and activities of any
    department, agency, establishment, wholly owned Government corporation,
    or instrumentality of the Federal Government or of the government of the
    District of Columbia.
      (2) Each standing committee shall review from time to time each
    continuing program within its jurisdiction for which appropriations are
    not

    [[Page 502]]

    made annually to ascertain whether the program should be modified to
    provide for annual appropriations.

      The provisions of this paragraph derive from section 253(c) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140), and were made
    part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p.
    144). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    47).

    Budget Act responsibilities
      (f)(1) <> Each standing
    committee shall submit to the Committee on the Budget not later than six
    weeks after the submission of the budget by the President, or at such
    time as the Committee on the Budget may request--
          (A) its views and estimates with respect to all matters to be set
    forth in the concurrent resolution on the budget for the ensuing fiscal
    year that are within its jurisdiction or functions; and
          (B) an estimate of the total amounts of new budget authority, and
    budget outlays resulting therefrom, to be provided or authorized in all
    bills and resolutions within its jurisdiction that it intends to be
    effective during that fiscal year.
      (2) The views and estimates submitted by the Committee on Ways and
    Means under subparagraph (1) shall include a specific recommendation,
    made after holding public hearings, as to the appropriate level of the
    public debt that should be set forth in the concurrent resolution on the
    budget.

    [[Page 503]]

      The requirements of paragraph (f)(1) were originally contained in
    section 301(c) of the Congressional Budget Act of 1974 (P.L. 93-344,
    July 12, 1974), and were incorporated into this rule effective January
    3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The
    requirement of paragraph (f)(2) that the Committee on Ways and Means
    include a specific recommendation as to the appropriate level of the
    public debt in its views and estimates submitted to the Committee on the
    Budget was added in the 96th Congress by Public Law 96-78 (93 Stat. 589)
    and was originally intended to apply to concurrent resolutions on the
    budget for fiscal years beginning on or after October 1, 1980. However,
    in the 96th Congress the provisions of that public law amending the
    Rules of the House were made applicable to the third concurrent
    resolution on the budget for fiscal year 1980 as well as the first
    concurrent resolution on the budget for fiscal year 1981 (H. Res. 642,
    Apr. 23, 1980, pp. 8789-90). The deadline for submitting views and
    estimates to the Committee on the Budget has changed several times
    (Balanced Budget and Emergency Deficit Control Act of 1985, sec. 232(c),
    P.L. 99-177; Budget Enforcement Act of 1997, sec. 10104, P.L. 105-33; H.
    Res. 5, 106th Cong., Jan. 6, 1999, p. 47). A former paragraph directing
    standing committees to submit reconciliation recommendations to the
    Committee on the Budget was deleted in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47), but committees are still required to submit such
    recommendations under section 310 of the Congressional Budget Act of
    1974. Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    47). Paragraph (f)(2) was amended in the 107th Congress to reflect the
    repeal of former rule XXIII (``Statutory Limit on Public Debt'') (sec.
    2(s), H. Res. 5, Jan. 3, 2001, p. 24), which was reinstated in the 108th
    Congress as rule XXVII (sec. 2(t), H. Res. 5, Jan. 7, 2003, p. 7),
    renumbered in the 110th Congress as rule XXVIII (sec. 301, P.L. 110-81),
    and repealed in the 112th Congress (sec. 2(d)(2), H. Res. 5, Jan. 5,
    2011, p. 80). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).

    Election and membership of standing committees
      5. <> (a)(1) The standing committees
    specified in clause 1 shall be elected by the House within seven
    calendar days after the commencement of each Congress, from nominations
    submitted by the respective party caucus or conference. A resolution
    proposing to change the composition of a standing committee

    [[Page 504]]

    shall be privileged if offered by direction of the party caucus or
    conference concerned.

      The old rule entrusting the appointment of committees to the Speaker
    was adopted in 1789 and amended in 1790 and in 1860 (IV, 4448-4476).
    Committees are now elected on resolutions offered from the floor (VIII,
    2171) and it is in order to move the previous question on each
    resolution (VIII, 2174). The resolution is not divisible (clause 5 of
    rule XVI), and is privileged (VIII, 2179) if offered by direction of the
    respective party caucus (a requirement that was made part of the rules
    effective January 3, 1975, by the Committee Reform Amendments of 1974
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470)). That same resolution
    also eliminated the designations in the rules of the numbers of Members
    comprising the standing committees, thereby permitting the House to
    establish committee size by the numbers of Members elected to each
    committee pursuant to this paragraph. The role of the party caucuses in
    presenting privileged resolutions to the House electing Members to
    committees is discussed in detail in Deschler, ch. 17, Sec. 9. In the
    99th Congress the requirement for election of standing committees within
    the first seven calendar days and the conferral of privileged status on
    resolutions from the party caucuses to change the composition of
    standing committees were added by section 227 of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (P.L. 99-177). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 6 of rule X (H. Res. 5, Jan. 6, 1999, p. 47).

      (2)(A) <> The Committee on
    the Budget shall be composed of members as follows:
          (i) Members, Delegates, or the Resident Commissioner who are
    members of other standing committees, including five from the Committee
    on Appropriations, five from the Committee on Ways and Means, and one
    from the Committee on Rules;
          (ii) one Member designated by the elected leadership of the
    majority party; and
          (iii) one Member designated by the elected leadership of the
    minority party.
      (B) Except as permitted by subdivision (C), a member of the Committee
    on the Budget other

    [[Page 505]]

    than one described in subdivision (A)(ii) or (A)(iii) may not serve on
    the committee during more than four Congresses in a period of six
    successive Congresses (disregarding for this purpose any service for
    less than a full session in a Congress).
      (C) A Member, Delegate, or Resident Commissioner may exceed the
    limitation of subdivision (B) if elected to serve a second consecutive
    Congress as the chair or a second consecutive Congress as the ranking
    minority member.

      This paragraph (formerly clause 1(d) of rule X) was amended in the
    96th Congress to relax the limitation on Members' service on the
    Committee on the Budget to three Congresses (from two) in any period of
    five successive Congresses, to exempt representatives from the party
    leaderships from the limitation, and to permit an incumbent chair who
    had served on the committee for three Congresses and as chair for not
    more than one Congress to be eligible for reelection as chair for one
    additional Congress (H. Res. 5, Jan. 15, 1979, p. 8). It was again
    amended in the 100th Congress to eliminate as obsolete the words
    ``beginning after 1974'' following ``any period of five successive
    Congresses'' as a measure of permissible terms of service on the
    committee (H. Res. 5, Jan. 6, 1987, p. 6). It was further amended in the
    101st Congress to permit, in that Congress only, a minority Member who
    had served on the committee for three terms to run within the party's
    caucus for the position of ranking minority member and thus be able to
    serve on the committee for one additional Congress, and to permit a
    Member elected as ranking minority member during a third term on the
    committee to serve one additional term on the committee as the ranking
    minority member (H. Res. 5, Jan. 3, 1989, p. 72). It was again amended
    in the 102d Congress to extend the waiver of the tenure restriction for
    the ranking minority member of the committee (H. Res. 5, Jan. 3, 1991,
    p. 39), but in the 103d Congress that provision was stricken as obsolete
    (H. Res. 5, Jan. 5, 1993, p. 49). In the 104th Congress the limitation
    on a Member's service on the committee was relaxed to four Congresses
    (from three) in any period of six successive Congresses, with the
    exception that a Member who has served as chair or as ranking minority
    member during a fourth such Congress may serve in either capacity during
    a fifth, so long as not thereby exceeding two consecutive terms as chair
    or as ranking minority member (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
    464). The tenure limitation of clause 5(a)(2)(B) was suspended during
    the 106th Congress (sec. 2(b), H. Res. 5, Jan. 6, 1999, p. 47). The
    special tenure limitation for the chair and ranking minority member was
    replaced in the 108th

    [[Page 506]]

    Congress with a provision subjecting the chair only to the overall
    tenure limitation that applies to all standing committee chairs (sec.
    2(e-1), H. Res. 5, Jan. 7, 2003, p. 7). This provision was replaced in
    the 111th Congress with an exception to the tenure limitation for the
    second consecutive Congress in which a chair or ranking minority member
    serves (sec. 2(d), H. Res. 5, Jan. 6, 2009, p. 7). In the 109th Congress
    subdivisions (A)(ii) and (A)(iii) were amended to address a member
    designated by the elected leadership as opposed to a member of the
    elected leadership of each party, and a conforming change was made to
    subdivision (B) (sec. 2(c), H. Res. 5, Jan. 4, 2005, p. 43).
      In the 94th Congress the membership of the committee was increased to
    25 (from 23), with 13 (rather than 11) members elected from committees
    other than Appropriations and Ways and Means (H. Res. 5, Jan. 14, 1975,
    p. 20). The membership was increased again in the 97th Congress to 30,
    with 28 from other standing committees and two from the respective
    leaderships (H. Res. 5, Jan. 5, 1981, pp. 98-113), and again in the 98th
    Congress to 31 (unanimous-consent order, Feb. 7, 1983, p. 1791). In the
    99th Congress, the House amended this paragraph to remove any numerical
    limitation on the membership of the committee (H. Res. 7, Jan. 3, 1985,
    p. 393). In the 108th Congress the composition of the committee was
    changed to require inclusion of one member from the Committee on Rules
    (sec. 2(e), H. Res. 5, Jan. 7, 2003, p. 7).
      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1(d) of rule X (H. Res. 5, Jan. 6,
    1999, p. 47).

      (3)(A) <> The Committee on
    Ethics shall be composed of 10 members, five from the majority party and
    five from the minority party.
      (B) Except as permitted by subdivision (C), a member of the Committee
    on Ethics may not serve on the committee during more than three
    Congresses in a period of five successive Congresses (disregarding for
    this purpose any service for less than a full session in a Congress).
      (C) A member of the Committee on Ethics may serve on the committee
    during a fourth Congress in a period of five successive Congresses only
    as either the chair or the ranking minority member of the committee.

    [[Page 507]]

      (4)(A) At the beginning of a Congress, the Speaker or a designee and
    the Minority Leader or a designee each shall name 10 Members, Delegates,
    or the Resident Commissioner from the respective party of such
    individual who are not members of the Committee on Ethics to be
    available to serve on investigative subcommittees of that committee
    during that Congress. The lists of Members, Delegates, or the Resident
    Commissioner so named shall be announced to the House.
      (B) Whenever the chair and the ranking minority member of the
    Committee on Ethics jointly determine that Members, Delegates, or the
    Resident Commissioner named under subdivision (A) should be assigned to
    serve on an investigative subcommittee of that committee, each of them
    shall select an equal number of such Members, Delegates, or Resident
    Commissioner from the respective party of such individual to serve on
    that subcommittee.

      Before the 93d Congress, the rule that established the size of the
    Committee on Ethics (formerly Standards of Official Conduct) at 12
    members also required that its membership be equally divided between the
    parties. Effective in the 93d Congress, the ratio of the committee was
    codified in the first sentence of subparagraph (3)(A) (formerly clause
    6(a)(2)) (H. Res. 988, Oct. 8, 1974, p. 34470). The Ethics Reform Act of
    1989 added a sentence to limit service on the committee (P.L. 101-194,
    Nov. 30, 1989), which was amended in the 105th and 106th Congresses
    (sec. 2, H. Res. 168, Sept. 18, 1997, p. 19336; H. Res. 5, Jan. 6, 1999,
    p. 47). A requirement that two members from each party rotate off the
    committee was adopted in the 105th Congress (sec. 2, H. Res. 168, Sept.
    18, 1997, p. 19336), but was deleted in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47). Subparagraph (4) (formerly clause 6(a)(3)) was
    adopted in the 105th Congress (sec. 1, H. Res. 168, Sept. 18, 1997, p.
    19335). The 106th Congress formally reduced the size of the committee to
    10 members, which was the de facto size of the committee in the 105th
    Congress even though the Ethics Reform

    [[Page 508]]

    Act of 1989 required each party caucus to nominate seven Members (sec.
    803(b), P.L. 101-194, Nov. 30, 1989; H. Res. 5, Jan. 6, 1999, p. 47).
    Gender-based references were eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7). This subparagraph was amended in
    the 112th Congress to reflect a change in committee name (sec. 2(e)(8),
    H. Res. 5, Jan. 5, 2011, p. 80). Before the House recodified its rules
    in the 106th Congress, this provision was found in former clause 6(a) of
    rule X (H. Res. 5, Jan. 6, 1999, p. 47).

      (b)(1) Membership on a standing committee during the course of
    a <> Congress
    shall be contingent on continuing membership in the party caucus or
    conference that nominated the Member, Delegate, or Resident Commissioner
    concerned for election to such committee. Should a Member, Delegate, or
    Resident Commissioner cease to be a member of a particular party caucus
    or conference, that Member, Delegate, or Resident Commissioner shall
    automatically cease to be a member of each standing committee to which
    elected on the basis of nomination by that caucus or conference. The
    chair of the relevant party caucus or conference shall notify the
    Speaker whenever a Member, Delegate, or Resident Commissioner ceases to
    be a member of that caucus or conference. The Speaker shall notify the
    chair of each affected committee that the election of such Member,
    Delegate, or Resident Commissioner to the committee is automatically
    vacated under this subparagraph.
      (2)(A) Except as specified in subdivision (B), a Member, Delegate, or
    Resident Commissioner may not serve simultaneously as a member of more
    than two standing committees or more

    [[Page 509]]

    than four subcommittees of the standing committees.
      (B)(i) Ex officio service by a chair or ranking minority member of a
    committee on each of its subcommittees under a committee rule does not
    count against the limitation on subcommittee service.
      (ii) Service on an investigative subcommittee of the Committee on
    Ethics under paragraph (a)(4) does not count against the limitation on
    subcommittee service.
      (iii) Any other exception to the limitations in subdivision (A) may be
    approved by the House on the recommendation of the relevant party caucus
    or conference.
      (C) In this subparagraph the term ``subcommittee'' includes a panel
    (other than a special oversight panel of the Committee on Armed
    Services), task force, special subcommittee, or other subunit of a
    standing committee that is established for a cumulative period longer
    than six months in a Congress.

      The requirement that membership on standing committees be contingent
    on continuing membership in a party caucus or conference, along with the
    mechanism for the automatic vacating of a Member's election to committee
    should party relationship cease, was added to the rules in the 98th
    Congress (H. Res. 5, Jan. 3, 1983, p. 34). The limitation on full
    committee and subcommittee assignments was added in the 104th Congress
    (sec. 204, H. Res. 6, Jan. 4, 1995, p. 467; see H. Res. 11, Jan. 4,
    1995, p. 549). The exception for special service on an investigative
    subcommittee of the Committee on Ethics (formerly Standards of Official
    Conduct) from the limitation on subcommittee service was added in the
    105th Congress (sec. 1, H. Res. 168, Sept. 18, 1997, p. 19335). A
    technical correction was effected in the 106th and 112th Congresses to
    conform references to a renamed committee (H. Res. 5, Jan. 6, 1999, p.
    47; H. Res. 5, Jan. 5, 2011, p. 80). A technical correction to paragraph
    (b)(2)(B)(iii) was effected in the 109th Congress (sec. 2(l), H. Res. 5,
    Jan. 4, 2005, p. 44). Gender-based references

    [[Page 510]]

    were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6,
    2009, p. 7).
      The Speaker lays before the House communications relative to the
    removal of a Member from committee pursuant to this clause (see, e.g.,
    Sept. 11, 1984, p. 24790; Feb. 22, 1989, p. 2500; May 10, 1995, p.
    12396; July 19, 1999, p. 16586; Feb. 1, 2000, p. 401; Sept. 13, 2000, p.
    17832). The Speaker also lays before the House a communication from a
    Member announcing a change in party affiliation (Sept. 13, 2000, p.
    17832). On one occasion there was a delay in laying the latter
    communication before the House, and the House by unanimous consent
    retroactively changed informational voting records from the date on the
    communication (Sept. 13, 2000, p. 17832). Instance where a Member
    submitted his resignation from a committee on grounds of disqualifying
    personal interest (VIII, 3074). The earlier practice was for the
    minority party to handle committee assignments for third-party Members
    (VIII, 2184-2185). On some occasions, the majority party takes that
    responsibility by separate resolution (see, e.g., H. Res. 45, Jan. 24,
    1991, p. 2171).

      (c)(1) <> One of the members of
    each standing committee shall be elected by the House, on the nomination
    of the majority party caucus or conference, as chair thereof. In the
    absence of the member serving as chair, the member next in rank (and so
    on, as often as the case shall happen) shall act as chair. Rank shall be
    determined by the order members are named in resolutions electing them
    to the committee. In the case of a vacancy in the elected chair of a
    committee, the House shall elect another chair.
      (2) Except in the case of the Committee on Rules, a member of a
    standing committee may not serve as chair of the same standing
    committee, or of the same subcommittee of a standing committee, during
    more than three consecutive Congresses (disregarding for this purpose
    any service for less than a full session in a Congress).

    [[Page 511]]

      The requirement that nominations for chairs be submitted by the
    majority party caucus was made part of the rules effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). A provision
    addressing temporary and permanent vacancies in chairs was adopted on
    April 5, 1911 (VIII, 2201), and was continued in the Legislative
    Reorganization Act of 1946 (60 Stat. 812), but the 111th Congress
    deleted such references when clarifying the devolution of authority in
    case of absence or vacancy (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9).
    The 104th Congress adopted a limitation on terms for committee and
    subcommittee chairs (sec. 103(b), H. Res. 6, Jan. 4, 1995, p. 462). The
    109th Congress excepted the Committee on Rules from that limitation
    (sec. 2(c), H. Res. 5, Jan. 4, 2005, p. 43). The 111th Congress repealed
    the limitation (sec. 2(d), H. Res. 5, Jan. 6, 2009, p. 7) and the 112th
    Congress restored it (sec. 2(e)(12), H. Res. 5, Jan. 5, 2011, p. 80).
    Gender-based references were eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    6(c) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).
      In the 102d Congress a resolution included as a matter properly
    incidental to its election of the chair of a standing committee a
    proviso that his powers and duties be exercised by the vice chair until
    otherwise ordered by the House (H. Res. 43, Jan. 24, 1991, p. 2169; Feb.
    6, 1991, p. 3198). In the 103d Congress a privileged resolution, offered
    at the direction of the Democratic Caucus, authorized a named acting
    chair to exercise the powers and duties of a chair of a standing
    committee until otherwise ordered by the House (H. Res. 396, Mar. 23,
    1994, p. 6093). Upon the resignation of a chair, the acting chair
    assumes that role without further action of the House (Mar. 3, 2010, p.
    2344). The Chair has refused to respond to a parliamentary inquiry
    seeking hypothetical guidance on how a Member, having resigned as chair
    of a committee, could be reinstated in that role (Mar. 3, 2010, p.
    2344). A Member may resign the role of acting chair (Mar. 4, 2010, p.
    2573), in which case the member third in rank assumes the role of acting
    chair (Mar. 4, 2010, p. 2589).

      (d)(1) <> Except as
    permitted by subparagraph (2), a committee may have not more than five
    subcommittees.
      (2) A committee that maintains a subcommittee on oversight may have
    not more than six subcommittees. The Committee on Appropriations may
    have not more than 13 subcommittees. The Committee on Oversight and
    Government Reform may have not more than seven subcommittees.

    [[Page 512]]

      This paragraph was adopted in the 104th Congress (sec. 101(b), H. Res.
    6, Jan. 4, 1995, p. 462), replacing a requirement that all standing
    committees having more than 20 members (except the Committee on the
    Budget) establish at least four subcommittees (H. Res. 5, Jan. 14, 1975,
    p. 20). In the 106th Congress the paragraph was amended to delete the
    Committee on Transportation and Infrastructure from the list of
    exceptions to the general rule and to add a new exception for committees
    that maintain a subcommittee on oversight (H. Res. 5, Jan. 6, 1999, p.
    47). In the 110th Congress it was amended to reflect a change in the
    name of a committee (sec. 215(e), H. Res. 6, Jan. 4, 2007, p. 19).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 6(d) of rule X (H. Res. 5, Jan. 6,
    1999, p. 47).
      Notwithstanding clause 5(d), the Committee on Oversight and Government
    Reform was permitted to have not more than eight subcommittees during
    the 106th and 107th Congresses (sec. 2(d), H. Res. 5, Jan. 6, 1999, p.
    47; sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26); the Committee on Foreign
    Affairs was permitted to have not more than six during the 107th and
    108th Congresses and not more than seven during the 109th through 114th
    Congresses (sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26; sec. 3(b), H.
    Res. 5, Jan. 7, 2003, p. 11; sec. 3(b), H. Res. 5, Jan. 4, 2005, p. 44;
    sec. 511(b), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); sec.
    3(b), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(k), H. Res. 5, Jan. 5, 2011,
    p. 80; sec. 3(f), H. Res. 5, Jan. 3, 2013, p. _; sec. 3(j), H. Res. 5,
    Jan. 6, 2015, p. _); the Committee on Transportation and Infrastructure
    was permitted to have not more than six during the 107th through 114th
    Congresses (sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26; sec. 3(b), H.
    Res. 5, Jan. 7, 2003, p. 11; sec. 3(b), H. Res. 5, Jan. 4, 2005, p. 44;
    sec. 511(b), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); sec.
    3(b), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(k), H. Res. 5, Jan. 5, 2011,
    p. 80; sec. 3(f), H. Res. 5, Jan. 3, 2013, p. _; sec. 3(j), H. Res. 5,
    Jan. 6, 2015, p. _); the Committee on Armed Services was permitted to
    have not more than six during the 108th and 109th Congresses and not
    more than seven during the 110th through 114th Congresses (sec. 3(b), H.
    Res. 5, Jan. 7, 2003, p. 11; sec. 3(b), H. Res. 5, Jan. 4, 2005, p. 44;
    sec. 511(b), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); sec.
    3(a)(1), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(k), H. Res. 5, Jan. 5,
    2011, p. 80; sec. 3(f), H. Res. 5, Jan. 3, 2013, p. _; sec. 3(j), H.
    Res. 5, Jan. 6, 2015, p. _); and the Committee on Agriculture was
    permitted to have not more than six during the 114th Congress (sec.
    3(j), H. Res. 5, Jan. 6, 2015, p. _). In the 108th Congress the
    Committee on Appropriations reorganized its subcommittees to reflect the
    creation of the new Department on Homeland Security (P.L. 107-296) by
    creating a new subcommittee on Homeland Security and combining the
    subcommittees on Transportation and Treasury, Postal Service and General
    Government. That committee reduced the number of its subcommittees to 10
    in the 109th Congress, and increased it to 12 in the 110th Congress.

    [[Page 513]]

      (e) The House shall fill a vacancy on a standing committee by election
    on the nomination of the respective party caucus or conference.

      This paragraph was first adopted in the 62d Congress (VIII, 2178). At
    the beginning of the 80th Congress it was amended to prevent a Member
    from serving on more than one standing committee, except that Members
    elected to serve on the Committees on District of Columbia or Un-
    American Activities (renamed the Committee on Internal Security and
    jurisdiction redefined on Feb. 19, 1969, p. 3723) could be elected to
    serve on not more than two standing committees, and that Members of the
    majority party, serving on the Committee on Expenditures in the
    Executive Departments (changed to Committee on Government Operations
    July 3, 1952, p. 9217) or House Administration could be elected to serve
    on not more than two standing committees. This limitation was continued
    through the 80th, 81st, and part of the 82d Congresses until July 3,
    1952 (p. 9217) when it was modified so that Members elected to serve on
    the Committees on the District of Columbia, Government Operations, Un-
    American Activities, or House Administration could be elected to serve
    on not more than two standing committees. It was restored to its
    original form by amendment on January 13, 1953 (p. 368) so that there
    was no limitation in House rules on the number of committees to which a
    Member may be elected until the 104th Congress added paragraph (b)(2)
    (see Sec. 760, supra). Party caucuses or conferences have also placed
    restrictions on committee assignments. The role of the respective party
    caucus or conference in making nominations to fill vacancies in standing
    committees was made part of the rule in the 98th Congress (H. Res. 5,
    Jan. 3, 1983, p. 34). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6(e) of rule X (H.
    Res. 5, Jan. 6, 1999, p. 47).
      The House by unanimous consent fixed the relative rank of two Members
    on a committee where an error had been made on the original appointment
    (Jan. 20, 1947, p. 481). The House has filled a vacancy on a standing
    committee (H. Res. 43, Jan. 24, 1991, p. 2169) with a Member
    subsequently designated by the party caucus as ``temporary'' (in order
    to avoid caucus limitations on committee assignments) (Feb. 5, 1991, p.
    2814).

    Expense resolutions
      6. <> (a) Whenever a
    committee, commission, or other entity (other than the Committee on
    Appropriations) is granted authorization for the payment of its expenses
    (including staff salaries) for a Congress, such authorization initially
    shall be procured by one pri

    [[Page 514]]

    mary expense resolution reported by the Committee on House
    Administration. A primary expense resolution may include a reserve fund
    for unanticipated expenses of committees. An amount from such a reserve
    fund may be allocated to a committee only by the approval of the
    Committee on House Administration. A primary expense resolution reported
    to <> the House may not be
    considered in the House unless a printed report thereon was available on
    the previous calendar day. For the information of the House, such report
    shall--
          (1) state the total amount of the funds to be provided to the
    committee, commission, or other entity under the primary expense
    resolution for all anticipated activities and programs of the committee,
    commission, or other entity; and
          (2) to the extent practicable, contain such general statements
    regarding the estimated foreseeable expenditures for the respective
    anticipated activities and programs of the committee, commission, or
    other entity as may be appropriate to provide the House with basic
    estimates of the expenditures contemplated by the primary expense
    resolution.
      (b) After the date of adoption by the House <> of a primary expense resolution for a
    committee, commission, or other entity for a Congress, authorization for
    the payment of additional expenses (including staff salaries) in that
    Congress may be procured by one or more supplemental expense resolutions
    re

    [[Page 515]]

    ported by the Committee on House Administration, as necessary. A
    supplemental expense resolution reported to the House may not be
    considered in the House unless a printed report thereon was available on
    the previous calendar day. For the information of the House, such report
    shall--
          (1) state the total amount of additional funds to be provided to
    the committee, commission, or other entity under the supplemental
    expense resolution and the purposes for which those additional funds are
    available; and
          (2) state the reasons for the failure to procure the additional
    funds for the committee, commission, or other entity by means of the
    primary expense resolution.
      (c) The preceding provisions of this clause do not apply to--
          (1) a <> resolution providing for the payment from committee salary
    and expense accounts of the House of sums necessary to pay compensation
    for staff services performed for, or to pay other expenses of, a
    committee, commission, or other entity at any time after the beginning
    of an odd-numbered year and before the date of adoption by the House of
    the primary expense resolution described in paragraph (a) for that year;
    or
          (2) a resolution providing each of the standing committees in a
    Congress additional office equipment, airmail and special-delivery post

    [[Page 516]]

    age stamps, supplies, staff personnel, or any other specific item for
    the operation of the standing committees, and containing an
    authorization for the payment from committee salary and expense accounts
    of the House of the expenses of any of the foregoing items provided by
    that resolution, subject to and until enactment of the provisions of the
    resolution as permanent law.

      Paragraphs (a)-(c) of this clause were contained originally in section
    110(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
    were added to the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971,
    p. 144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470), the authority of all committees to incur expenses,
    including travel expenses, was made contingent upon adoption by the
    House of resolutions reported pursuant to this clause (clause 1(b) of
    rule XI). The clause was amended in the 95th Congress (H. Res. 5, Jan.
    4, 1977, pp. 53-70) to extend its applicability to all committees,
    commissions, and entities rather than just to standing committees.
    Paragraphs (a)-(c) were amended in the 104th Congress to institute
    biennial funding of committee expenses and to require that all committee
    staff salaries and expenses (including statutory staff) be authorized by
    expense resolution (sec. 101(c), H. Res. 6, Jan. 4, 1995, p. 462). In
    the 105th Congress paragraph (a) was amended to permit a primary expense
    resolution to include a reserve fund for unanticipated expenses of
    committees (H. Res. 5, Jan. 7, 1997, p. 121). A technical correction to
    paragraphs (a) and (b) was effected in the 106th Congress to conform
    references to a renamed committee (H. Res. 5, Jan. 6, 1999, p. 47).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 5 of rule XI (H. Res. 5, Jan. 6,
    1999, p. 47).
      The Committee on Appropriations is not covered by this clause, but is
    reimbursed by funds in appropriation acts for expenses of examinations
    of estimates of appropriations in the field (31 U.S.C. 1108). An
    exemption from this clause for the Committee on the Budget was effective
    from the enactment of the Congressional Budget Act of 1974 through the
    103d Congress.
      Based on the exception stated in paragraph (c), a resolution
    establishing a task force of members of a standing committee and
    providing for the payment of its expenses from the contingent fund of
    the House (now referred to as ``applicable accounts of the House
    described in clause 1(k)(1) of rule X'') was held not to be subject to a
    point of order under clause 5(a) of rule XI (now clause 6(a) of this
    rule) for lack of report language

    [[Page 517]]

    detailing the funding provided, because the resolution was called up at
    the beginning of the session before consideration of a primary expense
    resolution for all committees for that calendar year (Feb. 5, 1992, p.
    1621).

      (d) <> From the funds made available for the appointment of
    committee staff by a primary or additional expense resolution, the chair
    of each committee shall ensure that sufficient staff is made available
    to each subcommittee to carry out its responsibilities under the rules
    of the committee and that the minority party is treated fairly in the
    appointment of such staff.

      Paragraph (d) was adopted in the 104th Congress (sec. 101(c)(4), H.
    Res. 6, Jan. 4, 1995, p. 462). A preceding form of the paragraph, first
    adopted in the 94th Congress, authorized the chair and ranking minority
    member of a subcommittee each to appoint one staff member to the
    subcommittee (H. Res. 5, Jan. 14, 1975, p. 20). As adopted in the 93d
    Congress to take effect on the first day of the 94th Congress, the
    paragraph had required that each standing committee, upon request of a
    majority of its minority members, devote one-third of its staffing funds
    to the needs of the minority (H. Res. 988, Oct. 8, 1974, p. 34470). As
    adopted in the 92d Congress, the paragraph required that the minority be
    accorded fair consideration in the appointment of committee staff (H.
    Res. 5, Jan. 22, 1971, p. 144). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 5(d) of
    rule X (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7).

      (e) Funds authorized for a committee under this clause and clauses 7
    and 8 are for expenses incurred in the activities of the committee.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(n)(1) of rule XI (H. Res. 5, Jan.
    6, 1999, p. 47).

    Interim funding
      7. (a) <> For the period beginning at
    noon on January 3 and ending at midnight on March 31 in each odd-
    numbered

    [[Page 518]]

    year, such sums as may be necessary shall be paid out of the committee
    salary and expense accounts of the House for continuance of necessary
    investigations and studies by--
          (1) each standing and select committee established by these rules;
    and
          (2) except as specified in paragraph (b), each select committee
    established by resolution.
      (b) In the case of the first session of a Congress, amounts shall be
    made available for a select committee established by resolution in the
    preceding Congress only if--
          (1) a resolution proposing to reestablish such select committee is
    introduced in the present Congress; and
          (2) the House has not adopted a resolution of the preceding
    Congress providing for termination of funding for investigations and
    studies by such select committee.
      (c) Each committee described in paragraph (a) shall be entitled for
    each month during the period specified in paragraph (a) to 9 percent (or
    such lesser percentage as may be determined by the Committee on House
    Administration) of the total annualized amount made available under
    expense resolutions for such committee in the preceding session of
    Congress.
      (d) Payments under this clause shall be made on vouchers authorized by
    the committee involved, signed by the chair of the committee, except as
    provided in paragraph (e), and approved by the Committee on House
    Administration.

    [[Page 519]]

      (e) Notwithstanding any provision of law, rule of the House, or other
    authority, from noon on January 3 of the first session of a Congress
    until the election by the House of the committee concerned in that
    Congress, payments under this clause shall be made on vouchers signed by
    the ranking member of the committee as it was constituted at the
    expiration of the preceding Congress who is a member of the majority
    party in the present Congress.
      (f)(1) The authority of a committee to incur expenses under this
    clause shall expire upon adoption by the House of a primary expense
    resolution for the committee.
      (2) Amounts made available under this clause shall be expended in
    accordance with regulations prescribed by the Committee on House
    Administration.
      (3) This clause shall be effective only insofar as it is not
    inconsistent with a resolution reported by the Committee on House
    Administration and adopted by the House after the adoption of these
    rules.

      This clause (formerly clause 5(f) of rule XI) was originally adopted
    in the 99th Congress to provide automatic interim funding for committees
    at the beginning of a Congress (H. Res. 7, Jan. 3, 1985, p. 393).
    Resolutions providing such interim funding had been routinely adopted at
    the convening of Congress before the adoption of this standing
    authority. In the 100th Congress, the provision was amended to make the
    automatic committee funding mechanism applicable to the first three
    months of the second session of a Congress, as well as the first
    session, and to authorize the Committee on House Administration to
    establish interim funding for any committee at a percentage lower than 9
    percent of the total annualized amount (H. Res. 5, Jan. 6, 1987, p. 6).
    In the 104th and 106th Congresses technical corrections were effected to
    conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan.
    4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. 47). Clerical corrections
    were effected in the 107th Congress (sec. 2(x),

    [[Page 520]]

    H. Res. 5, Jan. 3, 2001, p. 24). Paragraph (e) was simplified and a
    gender-based reference was eliminated in the 111th Congress (secs. 2(l),
    2(m), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    5(f) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).
      At its organization the 104th Congress suspended the operation of
    paragraph (f) in favor of special provisions for interim funding in
    light of its abolishment of three standing committees, its reduction in
    the overall number of committee staff, and its institution of biennial
    primary expense resolutions (sec. 101(c)(3), H. Res. 6, Jan. 4, 1995, p.
    462). The House by unanimous consent has agreed to a resolution
    providing funding for interim expenses of a new select committee (Feb.
    13, 2003, p. 3793) and a new standing committee (Jan. 4, 2005, p. 71).

    Travel
      8. (a) <> Local currencies owned by the
    United States shall be made available to the committee and its employees
    engaged in carrying out their official duties outside the United States
    or its territories or possessions. Appropriated funds, including those
    authorized under this clause and clause 6, may not be expended for the
    purpose of defraying expenses of members of a committee or its employees
    in a country where local currencies are available for this purpose.
      (b) The following conditions shall apply with respect to travel
    outside the United States or its territories or possessions:
          (1) A member or employee of a committee may not receive or expend
    local currencies for subsistence in a country for a day at a rate in
    excess of the maximum per diem set forth in applicable Federal law.
          (2) A member or employee shall be reimbursed for the expenses of
    such individual for a day at the lesser of--

    [[Page 521]]

              (A) the per diem set forth in applicable Federal law; or
              (B) the actual, unreimbursed expenses (other than for
    transportation) incurred during that day.
          (3) <> Each member or employee of
    a committee shall make to the chair of the committee an itemized report
    showing the dates each country was visited, the amount of per diem
    furnished, the cost of transportation furnished, and funds expended for
    any other official purpose and shall summarize in these categories the
    total foreign currencies or appropriated funds expended. Each report
    shall be filed with the chair of the committee not later than 60 days
    following the completion of travel for use in complying with reporting
    requirements in applicable Federal law and shall be open for public
    inspection.
      (c)(1) In carrying out the activities of a committee outside the
    United States in a country where local currencies are unavailable, a
    member or employee of a committee may not receive reimbursement for
    expenses (other than for transportation) in excess of the maximum per
    diem set forth in applicable Federal law.
      (2) A member or employee shall be reimbursed for the expenses of such
    individual for a day, at the lesser of--
          (A) the per diem set forth in applicable Federal law; or

    [[Page 522]]

          (B) the actual unreimbursed expenses (other than for
    transportation) incurred during that day.
      (3) A member or employee of a committee may not receive reimbursement
    for the cost of any transportation in connection with travel outside the
    United States unless the member or employee actually paid for the
    transportation.
      (d) The restrictions respecting travel outside the United States set
    forth in paragraph (c) also shall apply to travel outside the United
    States by a Member, Delegate, Resident Commissioner, officer, or
    employee of the House authorized under any standing rule.

      Before the adoption of this clause (formerly clause 2(n) of rule XI)
    and of clause 1(b) of rule XI under the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), each committee was given separate authority to incur expenses
    in connection with its investigations and studies, and certain
    committees were authorized to use local currencies for foreign committee
    travel, in resolutions reported from the Committee on Rules in each
    Congress. This clause was amended in the 95th Congress (H. Res. 5, Jan.
    4, 1977, pp. 53-70) to clarify the availability of local currencies for
    travel outside the United States and its territories and possessions, to
    require reports within 60 days for use in complying with statutory
    reporting requirements, and to authorize the Committee on House
    Administration to recommend in expense resolutions expenses for foreign
    as well as domestic travel. This clause was further amended on March 2,
    1977 (H. Res. 287, 95th Cong., pp. 5933-53) to limit all travel expenses
    to the maximum per diem rate or actual, unreimbursed expenses, whichever
    is less. Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 2(n) of rule XI, except that
    the ``lame duck'' travel prohibitions formerly found in clause 2(n)(5)
    of rule XI and clause 8 of rule I were transferred to former rule XXV
    (redesignated as rule XXIV in the 107th Congress) (H. Res. 5, Jan. 6,
    1999, p. 47). Clerical corrections were effected and gender-based
    references were eliminated in the 111th Congress (secs. 2(l), 2(m), H.
    Res. 5, Jan. 6, 2009, p. 7).
      Under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C.
    1754(b)), foreign local currencies owned or purchased by the United
    States may be used for foreign travel expenses by members or employees
    of stand

    [[Page 523]]

    ing or select committees when authorized by the chair thereof, and by
    other Members or employees when authorized by the Speaker. Consolidated
    committee reports prepared on a quarterly basis, and individual reports
    required within 30 days after the travel involved, must be forwarded to
    the Clerk of the House and published in the Congressional Record.

    Committee staffs
      9. <> (a)(1) Subject to
    subparagraph (2) and paragraph (f), each standing committee may appoint,
    by majority vote, not more than 30 professional staff members to be
    compensated from the funds provided for the appointment of committee
    staff by primary and additional expense resolutions. Each professional
    staff <> member appointed under this
    subparagraph shall be assigned to the chair and the ranking minority
    member of the committee, as the committee considers advisable.
      (2) <> Subject to paragraph (f) whenever a
    majority of the minority party members of a standing committee (other
    than the Committee on Ethics or the Permanent Select Committee on
    Intelligence) so request, not more than 10 persons (or one-third of the
    total professional committee staff appointed under this clause,
    whichever is fewer) may be selected, by majority vote of the minority
    party members, for appointment by the committee as professional staff
    members under subparagraph (1). The committee shall appoint persons so
    selected whose character and qualifications are acceptable to a majority
    of the committee. If the committee determines that the character and
    qualifications of a person so selected are unaccept

    [[Page 524]]

    able, a majority of the minority party members may select another person
    for appointment by the committee to the professional staff until such
    appointment is made. Each professional staff member appointed under this
    subparagraph shall be assigned to such committee business as the
    minority party members of the committee consider advisable.

      This clause (formerly clause 6 of rule XI) had its origins in section
    202 of the Legislative Reorganization Act of 1946 (60 Stat. 812), which
    allocated up to four nonpartisan professionals to each committee other
    than Appropriations and specifically provided for clerical staff, and
    which was incorporated into the rules on January 3, 1953 (p. 24).
    Section 302(b) of the Legislative Reorganization Act of 1970 (84 Stat.
    1140), which increased the authorized maximum for professional staff
    from four to six and added the concept of minority staffing, was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). In the 93d Congress the maximum was increased from six to
    18, the minority entitlement within that number was increased from two
    to six, a requirement that professional staff be appointed without
    regard to political affiliation was eliminated, and prohibitions against
    consideration of race, creed, sex, or age in the appointment of staff
    were added (H. Res. 988, Oct. 8, 1974, p. 34470). An exemption for the
    Committee on the Budget was included in section 901 of the Congressional
    Budget Act of 1974 (88 Stat. 330), was later omitted under the Committee
    Reform Amendments of 1974 (H. Res. 988, Oct. 8, 1974, p. 34470), and was
    reinserted by the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). The
    requirement added in 1975 that staff positions made available to
    subcommittee chairs and ranking minority members pursuant to former
    provisions of clause 5 of rule XI be provided from staff positions
    available under this clause unless provided in a primary or additional
    expense resolution was eliminated in the 104th Congress (sec. 101(c)(5),
    H. Res. 6, Jan. 4, 1995, p. 462). The 98th Congress added the Permanent
    Select Committee on Intelligence to the exception for the Committee on
    Ethics (formerly Standards of Official Conduct) (H. Res. 58, Mar. 1,
    1983, p. 3241). The 101st Congress added an exemption for the Committee
    on Rules (H. Res. 5, Jan. 3, 1989, p. 72). The Ethics Reform Act of 1989
    struck the antidiscrimination provisions as redundant (P.L. 101-194,
    Nov. 30, 1989). The 104th Congress eliminated the former distinction
    between professional and clerical staff, set the authorized maximum for
    committee staff under expense resolutions at 30, eliminated subcommittee
    entitlement to staff, and set the entitlement of the full committee
    minority within that number at one-third (sec. 101(c)(5), H. Res. 6,
    Jan. 4, 1995, p. 462). The 104th Congress also mandated that the total
    number of staff

    [[Page 525]]

    of House committees be at least one-third less than the corresponding
    total in the 103d Congress (sec. 101(a), H. Res. 6, Jan. 4, 1995, p.
    462). A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Subparagraph (2) was amended
    in the 112th Congress to reflect a change in committee name (sec.
    2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80). Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).
      Additional staff of committees are authorized by the Committee on
    House Administration and agreed to by the House. There is no legal power
    to fill a vacancy in the clerkship of a committee after one Congress has
    expired and before the next House has been organized (IV, 4539). An
    assault upon the clerk of a committee within the walls of the Capitol
    was held to be a breach of privilege (II, 1629). The pay of clerks has
    been the subject of several decisions (IV, 4536-4538).
      Committees <> may, with the
    approval of the Committee on House Administration, procure the temporary
    or intermittent services of consultants and obtain specialized training
    for professional staff, subject to expense resolutions, under the
    Legislative Reorganization Act of 1970, sections 303 and 304 (2 U.S.C.
    4301(i) and (j)).

      (b)(1) <> The professional staff
    members of each standing committee--
          (A) may not engage in any work other than committee business
    during congressional working hours; and
          (B) may not be assigned a duty other than one pertaining to
    committee business.
      (2)(A) Subparagraph (1) does not apply to staff designated by a
    committee <> as
    ``associate'' or ``shared'' staff who are not paid exclusively by the
    committee, provided that the chair certifies that the compensation paid
    by the committee for any such staff is commensurate with the work
    performed for the committee in accordance with clause 8 of rule XXIII.
      (B) The use of any ``associate'' or ``shared'' staff by a committee
    other than the Committee on

    [[Page 526]]

    Appropriations shall be subject to the review of, and to any terms,
    conditions, or limitations established by, the Committee on House
    Administration in connection with the reporting of any primary or
    additional expense resolution.

      The Ethics Reform Act of 1989 prescribed that staff work be confined
    to committee business during congressional working hours but maintained
    exceptions for the Committees on the Budget and Rules (P.L. 101-194,
    Nov. 30, 1989). The 104th Congress eliminated exceptions by committee in
    favor of exceptions for ``associate'' or ``shared'' staff (sec.
    101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). Technical corrections were
    effected in the 104th Congress (H. Res. 254, Nov. 30, 1995, p. 35077);
    in the 106th Congress, which conformed references to a renamed committee
    (H. Res. 5, Jan. 6, 1999, p. 47); in the 107th Congress, which conformed
    references to a redesignated rule (sec. 2(s), H. Res. 5, Jan. 3, 2001,
    p. 24); and in the 108th Congress, which confined the exception for the
    Committee on Appropriations to subparagraph (B), rather than to the
    entire paragraph (sec. 2(f), H. Res. 5, Jan. 7, 2003, p. 7). A gender-
    based reference was eliminated in the 111th Congress (sec. 2(l), H. Res.
    5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 6 of rule XI
    (H. Res. 5, Jan. 6, 1999, p. 47).

      (c) <> Each employee on the professional or
    investigative staff of a standing committee shall be entitled to pay at
    a single gross per annum rate, to be fixed by the chair and that does
    not exceed the maximum rate of pay as in effect from time to time under
    applicable provisions of law.

      This provision (formerly clause 6(c) of rule XI) was derived from
    section 477(c) of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was incorporated into the rules in the 92d Congress (H. Res.
    5, Jan. 22, 1971, p. 144). Under the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), the maximum salary was set at level V of the Executive
    Schedule, rather than at the highest rate of basic pay law (5 U.S.C.
    5332(a)(1)), as specified in the 1970 Reorganization Act, and effective
    in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the authority
    for two professional staff to be paid at level IV of the Executive
    Schedule was added to the clause. Under section 311 of the Legislative
    Branch Appropriations Act, 1988 (2 U.S.C. 4532), the maximum salary for
    staff members is now set by pay order

    [[Page 527]]

    of the Speaker. At the beginning of the 101st Congress, references to
    particular levels of the executive schedule were deleted (H. Res. 5,
    Jan. 3, 1989, p. 72). In the 104th Congress this paragraph was amended
    to reflect the elimination of the former distinction between
    ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
    4, 1995, p. 462). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).

      (d) <> Subject to
    appropriations hereby authorized, the Committee on Appropriations may
    appoint by majority vote such staff as it determines to be necessary (in
    addition to the clerk of the committee and assistants for the minority).
    The staff appointed under this paragraph, other than minority
    assistants, shall possess such qualifications as the committee may
    prescribe.

      This paragraph (formerly clause 6(d) of rule XI) derives from section
    202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812),
    which was incorporated into the rules on January 3, 1953 (p. 24). The
    exemption was extended to the Committee on the Budget by section 901 of
    the Congressional Budget Act of 1974 (88 Stat. 330). The reference to
    that committee was inadvertently omitted by the 93d Congress (H. Res.
    988, Oct. 8, 1974, p. 34470) and reinserted by the 94th Congress (H.
    Res. 5, Jan. 14, 1975, p. 20). The 104th Congress deleted the exemption
    for the Committee on the Budget (sec. 101(c)(5), H. Res. 6, Jan. 4,
    1995, p. 462). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6(d) of rule XI (H.
    Res. 5, Jan. 6, 1999, p. 47).

      (e) <> A committee may not
    appoint to its staff an expert or other personnel detailed or assigned
    from a department or agency of the Government except with the written
    permission of the Committee on House Administration.

      This paragraph was contained in section 202(f) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was incorporated into the
    rules on January 3, 1953 (p. 24). In the 104th and 106th Congresses it
    was

    [[Page 528]]

    amended to conform references to a renamed committee (sec. 202(b), H.
    Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. 47).

      (f) If a request for the appointment of a minority professional staff
    member under paragraph (a) is made when no vacancy exists for such an
    appointment, the committee nevertheless may appoint under paragraph (a)
    a person selected by the minority and acceptable to the committee. A
    person so appointed shall serve as an additional member of the
    professional staff of the committee until such a vacancy occurs (other
    than a vacancy in the position of head of the professional staff, by
    whatever title designated), at which time that person is considered as
    appointed to that vacancy. Such a person shall be paid from the
    applicable accounts of the House described in clause 1(k)(1) of rule X.
    If such a vacancy occurs on the professional staff when seven or more
    persons have been so appointed who are eligible to fill that vacancy, a
    majority of the minority party members shall designate which of those
    persons shall fill the vacancy.
      (g) Each staff member appointed pursuant to a request by minority
    party members under paragraph (a), and each staff member appointed to
    assist minority members of a committee pursuant to an expense resolution
    described in clause 6(a), shall be accorded equitable treatment with
    respect to the fixing of the rate of pay, the assignment of work
    facilities, and the accessibility of committee records.
      (h) Paragraph (a) may not be construed to authorize the appointment of
    additional profes

    [[Page 529]]

    sional staff members of a committee pursuant to a request under
    paragraph (a) by the minority party members of that committee if 10 or
    more professional staff members provided for in paragraph (a)(1) who are
    satisfactory to a majority of the minority party members are otherwise
    assigned to assist the minority party members.

      Paragraphs (f)-(h) (formerly clause 6(f)-(h) of rule XI) are derived
    from section 302(c) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and were incorporated into the rules in the 92d Congress (H.
    Res. 5, Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470), conforming changes were made in
    paragraphs (f) and (h) to reflect increased minority professional and
    clerical staff permitted to committees under paragraphs (a) and (b) of
    this clause. In the 104th Congress paragraphs (f)-(h) were amended to
    reflect the elimination of the former distinction between
    ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
    4, 1995, p. 462). The 104th Congress also mandated that the total number
    of staff of House committees be at least one-third less than the
    corresponding total in the 103d Congress (sec. 101(a), H. Res. 6, Jan.
    4, 1995, p. 462). In the 105th Congress paragraph (f) was amended to
    update an archaic reference to the ``contingent fund'' (H. Res. 5, Jan.
    7, 1997, p. 121). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6 of rule XI (H.
    Res. 5, Jan. 6, 1999, p. 47). A clerical correction was effected in the
    107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 24), and
    conforming changes to paragraph (f) were effected in the 109th and 112th
    Congresses (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H.
    Res. 5, Jan. 5, 2011, p. 80).

      (i) <> Notwithstanding paragraph
    (a)(2), a committee may employ nonpartisan staff, in lieu of or in
    addition to committee staff designated exclusively for the majority or
    minority party, by an affirmative vote of a majority of the members of
    the majority party and of a majority of the members of the minority
    party.

      Section 202(a) of the Legislative Reorganization Act of 1946 (60 Stat.
    812), which was incorporated into the rules on January 3, 1953 (p. 24),
    required committee professional staffs to be appointed on a permanent

    [[Page 530]]

    basis without regard to political affiliation. The concept of minority
    staffing was added by section 302(b) of the Legislative Reorganization
    Act of 1970. Under the Committee Reform Amendments of 1974, effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470),
    paragraph (i) (formerly clause 6(i) of rule XI) was added to permit
    committees to employ nonpartisan staff upon an affirmative vote of the
    majority of the members of each party. In the 104th Congress it was
    amended to reflect the elimination of the former distinction between
    ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
    4, 1995, p. 462). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6(i) of rule XI (H.
    Res. 5, Jan. 6, 1999, p. 47).
      Effective <> in the 95th
    Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), former clause 6(j) of
    rule XI, which was added on January 3, 1953 (p. 24) and which was
    contained in section 134(b) of the Legislative Reorganization Act of
    1945, was deleted; that clause required committees to report
    semiannually to the Clerk on the names, professions, and salaries of
    committee employees.

    Select and joint committees
      10. (a) <> Membership on a select or joint committee appointed by
    the Speaker under clause 11 of rule I during the course of a Congress
    shall be contingent on continuing membership in the party caucus or
    conference of which the Member, Delegate, or Resident Commissioner
    concerned was a member at the time of appointment. Should a Member,
    Delegate, or Resident Commissioner cease to be a member of that caucus
    or conference, that Member, Delegate, or Resident Commissioner shall
    automatically cease to be a member of any select or joint committee to
    which assigned. The chair of the relevant party caucus or conference
    shall notify the Speaker whenever a Member, Delegate, or Resident
    Commissioner ceases to be a member of a party caucus or conference. The
    Speaker shall notify the chair of each affected select or joint
    committee

    [[Page 531]]

    that the appointment of such Member, Delegate, or Resident Commissioner
    to the select or joint committee is automatically vacated under this
    paragraph.

      This party membership requirement for select and joint committees,
    analogous to clause 5(b), was added in the 98th Congress (H. Res. 5,
    1983, Jan. 3, 1983, p. 34). Gender-based references were eliminated in
    the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former clause 6(g) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).

      (b) <> Each
    select or joint committee, other than a conference committee, shall
    comply with clause 2(a) of rule XI unless specifically exempted by law.

      Before the House recodified its rules in the 106th Congress, paragraph
    (b) was found in clause 2(a) of rule XI (H. Res. 5, Jan. 6, 1999, p.
    47). The extension of clause 2(a) requirements to select and joint
    committees was added to clause 2(a) when that rule was rewritten by the
    Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470).
      A <> paragraph (i) of former clause 6 of rule
    X was incorporated into the rules effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470), to provide for a permanent
    select committee on aging. That provision was stricken in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49).

    Permanent Select Committee on Intelligence
      11. (a)(1) There is <> established a Permanent Select Committee on Intelligence
    (hereafter in this clause referred to as the ``select committee''). The
    select committee shall be composed of not more than 22 Members,
    Delegates, or the Resident Commissioner, of whom not more than 13 may be
    from the same party. The select committee shall include at least one
    Member, Delegate, or

    [[Page 532]]

    the Resident Commissioner from each of the following committees:
          (A) the Committee on Appropriations;
          (B) the Committee on Armed Services;
          (C) the Committee on Foreign Affairs; and
          (D) the Committee on the Judiciary.
      (2) The Speaker and the Minority Leader shall be ex officio members of
    the select committee but shall have no vote in the select committee and
    may not be counted for purposes of determining a quorum thereof.
      (3) The Speaker and Minority Leader each may designate a respective
    leadership staff member to assist in the capacity of the Speaker or
    Minority Leader as ex officio member, with the same access to committee
    meetings, hearings, briefings, and materials as employees of the select
    committee and subject to the same security clearance and confidentiality
    requirements as employees of the select committee under this clause.
      (4)(A) Except as permitted by subdivision (B), a Member, Delegate, or
    Resident Commissioner, other than the Speaker or the Minority Leader,
    may not serve as a member of the select committee during more than four
    Congresses in a period of six successive Congresses (disregarding for
    this purpose any service for less than a full session in a Congress).
      (B) In the case of a Member, Delegate, or Resident Commissioner
    appointed to serve as the chair or the ranking minority member of the se

    [[Page 533]]

    lect committee, tenure on the select committee shall not be limited.
      (b)(1) There shall be referred to the select committee proposed
    legislation, messages, petitions, memorials, and other matters relating
    to the following:
          (A) The Central Intelligence Agency, the Director of National
    Intelligence, and the National Intelligence Program as defined in
    section 3(6) of the National Security Act of 1947.
          (B) Intelligence and intelligence-related activities of all other
    departments and agencies of the Government, including the tactical
    intelligence and intelligence-related activities of the Department of
    Defense.
          (C) The organization or reorganization of a department or agency
    of the Government to the extent that the organization or reorganization
    relates to a function or activity involving intelligence or
    intelligence-related activities.
          (D) Authorizations for appropriations, both direct and indirect,
    for the following:
              (i) The Central Intelligence Agency, the Director of National
    Intelligence, and the National Intelligence Program as defined in
    section 3(6) of the National Security Act of 1947.
              (ii) Intelligence and intelligence-related activities of all
    other departments and agencies of the Government, including the tactical
    intelligence and intelligence-related activities of the Department of
    Defense.

    [[Page 534]]

              (iii) A department, agency, subdivision, or program that is a
    successor to an agency or program named or referred to in (i) or (ii).
      (2) Proposed legislation initially reported by the select committee
    (other than provisions solely involving matters specified in
    subparagraph (1)(A) or subparagraph (1)(D)(i)) containing any matter
    otherwise within the jurisdiction of a standing committee shall be
    referred by the Speaker to that standing committee. Proposed legislation
    initially reported by another committee that contains matter within the
    jurisdiction of the select committee shall be referred by the Speaker to
    the select committee if requested by the chair of the select committee.
      (3) Nothing in this clause shall be construed as prohibiting or
    otherwise restricting the authority of any other committee to study and
    review an intelligence or intelligence-related activity to the extent
    that such activity directly affects a matter otherwise within the
    jurisdiction of that committee.
      (4) Nothing in this clause shall be construed as amending, limiting,
    or otherwise changing the authority of a standing committee to obtain
    full and prompt access to the product of the intelligence and
    intelligence-related activities of a department or agency of the
    Government relevant to a matter otherwise within the jurisdiction of
    that committee.
      (c)(1) For purposes of accountability to the House, the select
    committee shall make regular and periodic reports to the House on the
    nature

    [[Page 535]]

    and extent of the intelligence and intelligence-related activities of
    the various departments and agencies of the United States. The select
    committee shall promptly call to the attention of the House, or to any
    other appropriate committee, a matter requiring the attention of the
    House or another committee. In making such report, the select committee
    shall proceed in a manner consistent with paragraph (g) to protect
    national security.
      (2) The select committee shall obtain annual reports from the Director
    of National Intelligence, the Director of the Central Intelligence
    Agency, the Secretary of Defense, the Secretary of State, and the
    Director of the Federal Bureau of Investigation. Such reports shall
    review the intelligence and intelligence-related activities of the
    agency or department concerned and the intelligence and intelligence-
    related activities of foreign countries directed at the United States or
    its interests. An unclassified version of each report may be made
    available to the public at the discretion of the select committee.
    Nothing herein shall be construed as requiring the public disclosure in
    such reports of the names of persons engaged in intelligence or
    intelligence-related activities for the United States or the divulging
    of intelligence methods employed or the sources of information on which
    the reports are based or the amount of funds authorized to be
    appropriated for intelligence and intelligence-related activities.

    [[Page 536]]

      (3) Within six weeks after the President submits a budget under
    section 1105(a) of title 31, United States Code, or at such time as the
    Committee on the Budget may request, the select committee shall submit
    to the Committee on the Budget the views and estimates described in
    section 301(d) of the Congressional Budget Act of 1974 regarding matters
    within the jurisdiction of the select committee.
      (d)(1) Except as specified in subparagraph (2), clauses 8(a), (b), and
    (c) and 9(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of rule
    XI shall apply to the select committee to the extent not inconsistent
    with this clause.
      (2) Notwithstanding the requirements of the first sentence of clause
    2(g)(2) of rule XI, in the presence of the number of members required
    under the rules of the select committee for the purpose of taking
    testimony or receiving evidence, the select committee may vote to close
    a hearing whenever a majority of those present determines that the
    testimony or evidence would endanger the national security.
      (e) An employee of the select committee, or a person engaged by
    contract or otherwise to perform services for or at the request of the
    select committee, may not be given access to any classified information
    by the select committee unless such employee or person has--
          (1) agreed in writing and under oath to be bound by the Rules of
    the House, including the jurisdiction of the Committee on Ethics and of
    the select committee concerning the se

    [[Page 537]]

    curity of classified information during and after the period of the
    employment or contractual agreement of such employee or person with the
    select committee; and
          (2) received an appropriate security clearance, as determined by
    the select committee in consultation with the Director of National
    Intelligence, that is commensurate with the sensitivity of the
    classified information to which such employee or person will be given
    access by the select committee.
      (f) The select committee shall formulate and carry out such rules and
    procedures as it considers necessary to prevent the disclosure, without
    the consent of each person concerned, of information in the possession
    of the select committee that unduly infringes on the privacy or that
    violates the constitutional rights of such person. Nothing herein shall
    be construed to prevent the select committee from publicly disclosing
    classified information in a case in which it determines that national
    interest in the disclosure of classified information clearly outweighs
    any infringement on the privacy of a person.
      (g)(1) The select committee may disclose publicly any information in
    its possession after a determination by the select committee that the
    public interest would be served by such disclosure. With respect to the
    disclosure of information for which this paragraph requires action by
    the select committee--

    [[Page 538]]

          (A) the select committee shall meet to vote on the matter within
    five days after a member of the select committee requests a vote; and
          (B) a member of the select committee may not make such a
    disclosure before a vote by the select committee on the matter, or after
    a vote by the select committee on the matter except in accordance with
    this paragraph.
      (2)(A) In a case in which the select committee votes to disclose
    publicly any information that has been classified under established
    security procedures, that has been submitted to it by the executive
    branch, and that the executive branch requests be kept secret, the
    select committee shall notify the President of such vote.
      (B) The select committee may disclose publicly such information after
    the expiration of a five-day period following the day on which notice of
    the vote to disclose is transmitted to the President unless, before the
    expiration of the five-day period, the President, personally in writing,
    notifies the select committee that the President objects to the
    disclosure of such information, provides reasons therefor, and certifies
    that the threat to the national interest of the United States posed by
    the disclosure is of such gravity that it outweighs any public interest
    in the disclosure.
      (C) If the President, personally in writing, notifies the select
    committee of objections to the disclosure of information as provided in
    subdivision (B), the select committee may, by majority vote, refer the
    question of the disclosure of such

    [[Page 539]]

    information, with a recommendation thereon, to the House. The select
    committee may not publicly disclose such information without leave of
    the House.
      (D) Whenever the select committee votes to refer the question of
    disclosure of any information to the House under subdivision (C), the
    chair shall, not later than the first day on which the House is in
    session following the day on which the vote occurs, report the matter to
    the House for its consideration.
      (E) If the chair of the select committee does not offer in the House a
    motion to consider in closed session a matter reported under subdivision
    (D) within four calendar days on which the House is in session after the
    recommendation described in subdivision (C) is reported, then such a
    motion shall be privileged when offered by a Member, Delegate, or
    Resident Commissioner. In either case such a motion shall be decided
    without debate or intervening motion except one that the House adjourn.
      (F) Upon adoption by the House of a motion to resolve into closed
    session as described in subdivision (E), the Speaker may declare a
    recess subject to the call of the Chair. At the expiration of the
    recess, the pending question, in closed session, shall be, ``Shall the
    House approve the recommendation of the select committee?''.
      (G) Debate on the question described in subdivision (F) shall be
    limited to two hours equally divided and controlled by the chair and
    ranking minority member of the select committee. After

    [[Page 540]]

    such debate the previous question shall be considered as ordered on the
    question of approving the recommendation without intervening motion
    except one motion that the House adjourn. The House shall vote on the
    question in open session but without divulging the information with
    respect to which the vote is taken. If the recommendation of the select
    committee is not approved, then the question is considered as
    recommitted to the select committee for further recommendation.
      (3)(A) Information in the possession of the select committee relating
    to the lawful intelligence or intelligence-related activities of a
    department or agency of the United States that has been classified under
    established security procedures, and that the select committee has
    determined should not be disclosed under subparagraph (1) or (2), may
    not be made available to any person by a Member, Delegate, Resident
    Commissioner, officer, or employee of the House except as provided in
    subdivision (B).
      (B) The select committee shall, under such regulations as it may
    prescribe, make information described in subdivision (A) available to a
    committee or a Member, Delegate, or Resident Commissioner, and permit a
    Member, Delegate, or Resident Commissioner to attend a hearing of the
    select committee that is closed to the public. Whenever the select
    committee makes such information available, it shall keep a written
    record showing, in the case of particular information, which committee
    or which Member, Del

    [[Page 541]]

    egate, or Resident Commissioner received the information. A Member,
    Delegate, or Resident Commissioner who, and a committee that, receives
    information under this subdivision may not disclose the information
    except in a closed session of the House.
      (4) The Committee on Ethics shall investigate any unauthorized
    disclosure of intelligence or intelligence-related information by a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House in violation of subparagraph (3) and report to the House
    concerning any allegation that it finds to be substantiated.
      (5) Upon the request of a person who is subject to an investigation
    described in subparagraph (4), the Committee on Ethics shall release to
    such person at the conclusion of its investigation a summary of its
    investigation, together with its findings. If, at the conclusion of its
    investigation, the Committee on Ethics determines that there has been a
    significant breach of confidentiality or unauthorized disclosure by a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House, it shall report its findings to the House and recommend
    appropriate action. Recommendations may include censure, removal from
    committee membership, or expulsion from the House, in the case of a
    Member, or removal from office or employment or punishment for contempt,
    in the case of an officer or employee.
      (h) The select committee may permit a personal representative of the
    President, designated

    [[Page 542]]

    by the President to serve as a liaison to the select committee, to
    attend any closed meeting of the select committee.
      (i) Subject to the Rules of the House, funds may not be appropriated
    for a fiscal year, with the exception of a bill or joint resolution
    continuing appropriations, or an amendment thereto, or a conference
    report thereon, to, or for use of, a department or agency of the United
    States to carry out any of the following activities, unless the funds
    shall previously have been authorized by a bill or joint resolution
    passed by the House during the same or preceding fiscal year to carry
    out such activity for such fiscal year:
          (1) The activities of the Director of National Intelligence and
    the Office of the Director of National Intelligence.
          (2) The activities of the Central Intelligence Agency.
          (3) The activities of the Defense Intelligence Agency.
          (4) The activities of the National Security Agency.
          (5) The intelligence and intelligence-related activities of other
    agencies and subdivisions of the Department of Defense.
          (6) The intelligence and intelligence-related activities of the
    Department of State.
          (7) The intelligence and intelligence-related activities of the
    Federal Bureau of Investigation.

    [[Page 543]]

          (8) The intelligence and intelligence-related activities of all
    other departments and agencies of the executive branch.
      (j)(1) In this clause the term ``intelligence and intelligence-related
    activities'' includes--
          (A) the collection, analysis, production, dissemination, or use of
    information that relates to a foreign country, or a government,
    political group, party, military force, movement, or other association
    in a foreign country, and that relates to the defense, foreign policy,
    national security, or related policies of the United States and other
    activity in support of the collection, analysis, production,
    dissemination, or use of such information;
          (B) activities taken to counter similar activities directed
    against the United States;
          (C) covert or clandestine activities affecting the relations of
    the United States with a foreign government, political group, party,
    military force, movement, or other association;
          (D) the collection, analysis, production, dissemination, or use of
    information about activities of persons within the United States, its
    territories and possessions, or nationals of the United States abroad
    whose political and related activities pose, or may be considered by a
    department, agency, bureau, office, division, instrumentality, or
    employee of the United States to pose, a threat to the internal security
    of the United States; and
          (E) covert or clandestine activities directed against persons
    described in subdivision (D).

    [[Page 544]]

      (2) In this clause the term ``department or agency'' includes any
    organization, committee, council, establishment, or office within the
    Federal Government.
      (3) For purposes of this clause, reference to a department, agency,
    bureau, or subdivision shall include a reference to any successor
    department, agency, bureau, or subdivision to the extent that a
    successor engages in intelligence or intelligence-related activities now
    conducted by the department, agency, bureau, or subdivision referred to
    in this clause.
      (k) Clause 12(a) of rule XXII does not apply to meetings of a
    conference committee respecting legislation (or any part thereof)
    reported by the Permanent Select Committee on Intelligence.

      This clause (formerly rule XLVIII) was <> adopted in the 95th Congress (H. Res.
    658, July 14, 1977, pp. 22932-49) and has had several technical
    amendments: (1) to change the size of the committee from 13 to 14
    members (H. Res. 70, 96th Cong., Jan. 25, 1979, p. 1023); (2) to conform
    references to a renamed committee (H. Res. 89, 96th Cong., Feb. 5, 1979,
    p. 1848); (3) to change the size to not more than 16 members (H. Res.
    33, 99th Cong., Jan. 30, 1985, p. 1271); (4) to change the size to not
    more than 17 members and to change the cross-reference in clause 7(c)(1)
    to include paragraph (a) or (b) (H. Res. 5, 100th Cong., Jan. 6, 1987,
    p. 6); (5) to change the size to not more than 19 members (H. Res. 5,
    101st Cong., Jan. 3, 1989, p. 73) and to permit the Speaker to attend
    meetings and have access to information (H. Res. 268, Nov. 14, 1989, p.
    28789); (6) to strike obsolete language relating to tenure restrictions
    in clause 1 and relating to the requirement for authorizations of
    appropriations in clause 9 (H. Res. 5, 102d Cong., Jan. 3, 1991, p. 39);
    (7) to limit the size of the panel to 16, with no more than nine members
    from the same party; to set the tenure limitation at four Congresses
    within a period of six Congresses, with exceptions for ongoing service
    as chair or ranking minority member; to make the Speaker (rather than
    the Majority Leader) an ex officio member of the panel (as opposed to
    former free access to its meetings and information); and to conform
    references to renamed committees (sec. 221, H. Res. 6, 104th Cong., Jan.
    4, 1995, p. 469); (8) to make certain

    [[Page 545]]

    conforming changes (Budget Enforcement Act of 1997, sec. 10104, P.L.
    105-33; H. Res. 5, Jan. 6, 1999, p. 47); (9) to increase the size of the
    committee to not more than 18 members, of whom not more than 10 shall be
    of the same political party (sec. 2(h), H. Res. 5, 107th Cong., Jan. 3,
    2001, p. 25); (10) to make a clerical correction in a cross reference
    (sec. 2(x), H. Res. 5, 107th Cong., Jan. 3, 2001, p. 26); (11) to remove
    the tenure limitation for the chair and ranking minority member (sec.
    2(e-1), H. Res. 5, 108th Cong., Jan. 7, 2003, p. 7); (12) to increase
    the size of the committee to not more than 21 members, of whom not more
    than 12 shall be of the same political party (H. Res. 51, 109th Cong.,
    Jan. 26, 2005, p. 826); (13) to conform references to a renamed
    committee (sec. 213(c), H. Res. 6, 110th Cong., Jan. 4, 2007, p. 19);
    (14) to conform jurisdictional statements to changes in the intelligence
    community (sec. 504, H. Res. 6, 110th Cong., Jan. 4, 2007, p. 19
    (adopted Jan. 5, 2007)); (15) to eliminate gender-based references (sec.
    2(l), H. Res. 5, 111th Cong., Jan. 6, 2009, p. 7); (16) to increase the
    size of the committee to not more than 22 members, of whom not more than
    13 shall be of the same political party (H. Res. 97, 111th Cong., Jan.
    28, 2009, p. 1946); (17) to conform references to a renamed committee
    and to reduce the size of the committee to not more than 20 members, of
    whom not more than 12 shall be of the same political party (secs.
    2(e)(8), 2(e)(11), H. Res. 5, 112th Cong., Jan. 5, 2011, p. 80); (18) to
    increase the size of the committee to not more than 22 members, of whom
    not more than 13 shall be of the same political party (sec. 2(a)(9), H.
    Res. 5, 114th Cong., Jan. 6, 2015, p. _). By order of the House, the
    size of the committee was increased for the 107th Congress to not more
    than 20 members, of whom not more than 11 could be of the same political
    party (Jan. 6, 2001, p. 25), and for the 113th Congress to not more than
    21 members (Feb. 13, 2013, p. _). Before the House recodified its rules
    in the 106th Congress, this provision was found in former rule XLVIII
    (H. Res. 5, Jan. 6, 1999, p. 47). The Intelligence Reform and Terrorism
    Prevention Act of 2004 (P.L. 108-458) reorganized the intelligence
    community.
      More substantive amendments have been adopted as follows: (1) clause 4
    was amended to make former clause 6(c) of rule XI (current clause 9(c)
    of rule X) applicable to salaries of the staff of the committee (H. Res.
    5, Jan. 15, 1979, pp. 7-16); (2) paragraph (d) (formerly clause 4) was
    amended to make an exception to the provisions of clause 2(g)(2) of rule
    XI (requiring a majority of the membership of a committee be present in
    order to vote to close a hearing) to allow the committee to vote to go
    into executive session if a majority of the members present, there being
    in attendance the requisite number under the committee rules for the
    purpose of taking testimony, determine that it is necessary to do so for
    national security reasons (but in no event to be determined by less than
    two members) (H. Res. 165, Mar. 29, 1979, p. 6820); (3) paragraph (d)
    (formerly clause 4) was amended to provide the committee with permanent
    professional and clerical staff as provided by former clauses 6(a) and
    (b) of rule XI (current

    [[Page 546]]

    clauses 9(a) and (b) of rule X) (H. Res. 58, Mar. 1, 1983, p. 3241); (4)
    paragraph (b)(1) (formerly clause 2(a)) was amended to clarify
    jurisdiction over the National Foreign Intelligence Program and the
    tactical intelligence and intelligence-related activities of the
    Department of Defense and paragraph (a)(3) (formerly clause 1(b)) was
    added to clarify staffing arrangements for the Speaker and the Minority
    Leader as ex officio members (sec. 221, H. Res. 6, Jan. 4, 1995, p.
    469).
      The resolution creating the committee directed the committee to make a
    study with respect to intelligence and intelligence-related activities
    of the U.S. and to report thereon, together with appropriate
    recommendations, not later than the close of the 95th Congress (sec. 3,
    H. Res. 658; see H. Rept. 95-1795, Oct. 14, 1978), and transferred to
    the committee all records, files, documents, and other materials of the
    Select Committee on Intelligence of the 94th Congress in the possession,
    custody, or control of the Clerk of the House.
      The committee has shared jurisdiction with the Committee on the
    Judiciary over electronic surveillance of foreign intelligence (Nov. 4,
    1977, p. 37070) and with the Committees on Science, Space, and
    Technology and Foreign Affairs over a bill establishing a satellite
    monitoring commission (Mar. 15, 1988, p. 3847), and has sole
    jurisdiction over a resolution of inquiry directing the Secretary of
    Defense to furnish to the House documents and information on Cuban or
    other foreign military or paramilitary presence in Panama or the Canal
    Zone (Apr. 6, 1978, p. 9105).
      Paragraph (g)(2) places restrictions on the committee only with
    respect to the public disclosure of classified information in the
    possession of that committee, and does not prevent the House from
    determining to release any matter properly presented to it in secret
    session pursuant to clause 9 of rule XVII (formerly rule XXIX) (Feb. 25,
    1980, p. 3618).
      In the 107th Congress the committee was given oversight authority
    described in clause 3(m) of rule X (sec. 2(f), H. Res. 5, Jan. 3, 2001,
    p. 25).

     end segment .007  deg. segment .008 -- rule XI  deg.

                                     Rule XI

                procedures of committees and unfinished business

    In general
      1. <> (a)(1)(A) The Rules of the
    House are the rules of its committees and subcommittees so far as
    applicable.
      (B) Each subcommittee is a part of its committee and is subject to the
    authority and direc

    [[Page 547]]

    tion of that committee and to its rules, so far as applicable.
      (2)(A) In a committee or subcommittee--
          (i) a motion to recess from day to day, or to recess subject to
    the call of the Chair (within 24 hours), shall be privileged; and
          (ii) a motion to dispense with the first reading (in full) of a
    bill or resolution shall be privileged if printed copies are available.
      (B) A motion accorded privilege under this subparagraph shall be
    decided without debate.

      This paragraph was first adopted December 8, 1931, to provide that the
    Rules of the House are the rules of the standing committees (without
    reference to subcommittees) and to provide for a privileged motion to
    recess from day to day (VIII, 2215). The paragraph was amended March 23,
    1955, when the House adopted rules governing committee investigations
    that are now embodied in clause 2 (pp. 3569-3585). In the 92d Congress
    paragraph (a) was amended in the form contained in the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) to specifically address
    subcommittees (H. Res. 5, Jan. 22, 1971, p. 144). It was amended again
    in the 99th Congress to allow a privileged motion to dispense with the
    first reading of a measure if printed copies are available (H. Res. 7,
    Jan. 3, 1985, p. 393). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47). In the 109th Congress paragraph (a) was reorganized and
    amended to provide for a privileged motion to recess subject to the call
    of the chair (within 24 hours) (sec. 2(d), H. Res. 5, Jan. 4, 2005, p.
    43). For the requirement in Jefferson's Manual that a bill or resolution
    be read in full upon demand, before being read by paragraphs or sections
    for amendment, see Sec. 412, supra.
      Each committee may appoint subcommittees (VI, 532), which should
    include majority and minority representation (IV, 4551), and confer on
    them powers delegated to the committee itself (VI, 532) except such
    powers as are reserved to the full committee by the Rules of the House;
    but express authority also has been given subcommittees by the House
    (III, 1754-1759, 1801, 2499, 2504, 2508, 2517; IV, 4548).
      As indicated in Sec. 369, supra, clause 1(a)(1)(A) enables standing
    and select committees to enforce in committee applicable House rules of
    decorum, such as clause 2 of rule I and rule XVII.

    [[Page 548]]

      (b)(1) <> Each committee may
    conduct at any time such investigations and studies as it considers
    necessary or appropriate in the exercise of its responsibilities under
    rule X. Subject to the adoption of expense resolutions as required by
    clause 6 of rule X, each committee may incur expenses, including travel
    expenses, in connection with such investigations and studies.
      (2) A proposed investigative or oversight report shall be considered
    as read in committee if it has been available to the members for at
    least 24 hours (excluding Saturdays, Sundays, or legal holidays except
    when the House is in session on such a day).
      (3) A report of an investigation or study conducted jointly by more
    than one committee may be filed jointly, provided that each of the
    committees complies independently with all requirements for approval and
    filing of the report.
      (4) After an adjournment sine die of the last regular session of a
    Congress, an investigative or oversight report may be filed with the
    Clerk at any time, provided that a member who gives timely notice of
    intention to file supplemental, minority, additional, or dissenting
    views shall be entitled to not less than seven calendar days in which to
    submit such views for inclusion in the report.

      Paragraph (b)(1) was incorporated into the rules under the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), and, together with clause 8 of rule X
    and clause 2(m) of rule XI, eliminated the necessity that each committee
    obtain such authority each Congress by a separate resolution reported
    from the

    [[Page 549]]

    Committee on Rules. Paragraphs (b)(2), (b)(3), and (b)(4) were added in
    the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (4)
    was amended in the 114th Congress to include dissenting views to mirror
    an amendment to clause 2(l) (sec. 2(a)(5), H. Res. 5, Jan. 6, 2015, p.
    _).

      (c) <> Each committee may have
    printed and bound such testimony and other data as may be presented at
    hearings held by the committee or its subcommittees. All costs of
    stenographic services and transcripts in connection with a meeting or
    hearing of a committee shall be paid from the applicable accounts of the
    House described in clause 1(k)(1) of rule X.

      Paragraph (c) was made part of the rules by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). In the 105th and 106th Congresses, it was
    amended to update a reference to the ``contingent fund'' (H. Res. 5,
    Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. 47), and conforming
    changes were effected in the 109th and 112th Congresses (sec. 2(a), H.
    Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p.
    80). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    47).

      (d)(1) <> Not later than January 2
    of each odd-numbered year, a committee shall submit to the House a
    report on the activities of that committee.
      (2) Such report shall include--
          (A) separate sections summarizing the legislative and oversight
    activities of that committee under this rule and rule X during the
    Congress;
          (B) a summary of the oversight plans submitted by the committee
    under clause 2(d) of rule X;

    [[Page 550]]

          (C) a summary of the actions taken and recommendations made with
    respect to the oversight plans specified in subdivision (B);
          (D) a summary of any additional oversight activities undertaken by
    that committee and any recommendations made or actions taken thereon;
    and
          (E) a delineation of any hearings held pursuant to clauses 2(n),
    (o), or (p) of this rule.
      (3) After an adjournment sine die of the last regular session of a
    Congress, or after December 15 of an even-numbered year, whichever
    occurs first, the chair of a committee may file the report described in
    subparagraph (1) with the Clerk at any time and without approval of the
    committee, provided that--
          (A) a copy of the report has been available to each member of the
    committee for at least seven calendar days; and
          (B) the report includes any supplemental, minority, additional, or
    dissenting views submitted by a member of the committee.

      The provisions of paragraph (d)(1) were first made requirements of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144,
    incorporating the provisions of sec. 118(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140)), and effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), exemptions from
    the reporting requirements for the Committees on Appropriations, the
    Budget, House Administration, Rules, and Ethics (formerly Standards of
    Official Conduct) were removed, so the paragraph from that point applied
    to all committees. The 104th Congress added what is now subparagraph (2)
    to require that activity reports include separate sections on
    legislative and oversight activities, including a summary comparison of
    oversight plans and eventual recommendations and actions (sec. 203(b),
    H. Res. 6, Jan. 4, 1995, p. 467). What is now subparagraph (3) was added
    in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6,

    [[Page 551]]

    1999, p. 47). In the 111th Congress, the House amended subparagraph (2)
    to require the inclusion of hearings under paragraphs (n), (o), and (p)
    of this clause in the oversight section of activities reports (H. Res.
    40, Jan. 14, 2009, p. 757), and eliminated a gender-based reference
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). In the 112th Congress, the
    paragraph was rewritten entirely to clarify late-session filing and to
    increase from biennial to semiannual the frequency of reports (sec.
    2(e)(13), H. Res. 5, Jan. 5, 2011, p. 80), which was reduced to annual
    in the 113th Congress (sec. 2(a), H. Res. 5, Jan. 3, 2013, p. _) and
    back to biennial in the 114th Congress (sec. 2(a)(4), H. Res. 5, Jan. 6,
    2015, p. _). Subparagraph (3)(B) was amended in the 114th Congress to
    include dissenting views to mirror an amendment to clause 2(l) (sec.
    2(a)(5), H. Res. 5, Jan. 6, 2015, p. _).
      Under the Unfunded Mandates Reform Act of 1995, the Committee on Rules
    is required to include in its activity report a separate item
    identifying all waivers of points of order relating to Federal mandates,
    listed by bill or joint resolution number and subject matter (sec.
    107(b), P.L. 104-4; 109 Stat. 63).

    Adoption of written rules
      2. <> (a)(1) Each standing committee
    shall adopt written rules governing its procedure. Such rules--
          (A) shall be adopted in a meeting that is open to the public
    unless the committee, in open session and with a quorum present,
    determines by record vote that all or part of the meeting on that day
    shall be closed to the public;
          (B) may not be inconsistent with the Rules of the House or with
    those provisions of law having the force and effect of Rules of the
    House;
          (C) shall in any event incorporate all of the succeeding
    provisions of this clause to the extent applicable; and
          (D) shall include provisions to govern the implementation of
    clause 4 as provided in paragraph (f) of such clause.

    [[Page 552]]

      (2) Each committee shall make its rules publicly available in
    electronic form and submit such rules for publication in the
    Congressional Record not later than 30 days after the chair of the
    committee is elected in each odd-numbered year.
      (3) A committee may adopt a rule providing that the chair be directed
    to offer a motion under clause 1 of rule XXII whenever the chair
    considers it appropriate.

      The requirement that standing committees adopt written rules was first
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144), having been included in the Legislative Reorganization
    Act of 1970 (84 Stat. 1140). Under the Committee Reform Amendments of
    1974, clause 2(a) became effective in essentially its present form on
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the
    94th Congress it was amended to permit a record vote to close the
    committee meeting at which committee rules are adopted only on the day
    of the meeting (H. Res. 5, Jan. 14, 1975, p. 20). In the 102d Congress
    it was amended to allow a committee 30 days after the election of its
    members, rather than after the convening of the Congress, to publish its
    rules in the Congressional Record (H. Res. 5, Jan. 3, 1991, p. 39). The
    provision requiring publication of committee rules in the Congressional
    Record derived from statute (2 U.S.C. 190a-2 (repealed 1979)). A court
    interpreted that statute to be mandatory in a case in which a Senate
    committee failed to publish in the Record a rule regarding a quorum for
    the purpose of taking sworn testimony. In overturning a perjury
    conviction, the court held that the unpublished committee rule was not
    valid. United States v. Reinecke, 524 F.2d 435 (D.C. Cir. 1975).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47).
    Subparagraph (2) was amended in the 112th Congress to require committee
    rules to also be publicly available in electronic form, and to begin the
    day-count for submission from the election of the chair (vice the
    committee) (sec. 2(c)(8), H. Res. 5, Jan. 5, 2011, p. 80). Subparagraph
    (3) was added in the 109th Congress (sec. 2(d), H. Res. 5, Jan. 4, 2005,
    p. 43). Subparagraph (1)(D) was added in the 114th Congress when this
    requirement was removed from clause 4(f) (sec. 2(a)(6), H. Res. 5, Jan.
    6, 2015, p. _). Gender-based references were eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
      Committees have historically adopted rules under which they function
    (I, 707; III, 1841, 1842; VIII, 2214). Committee rules are compiled by
    the Committee on Rules each Congress as a committee print. It is the
    responsi

    [[Page 553]]

    bility of the committees, and not the House, to construe and enforce
    additional committee rules on the calling of committee meetings (Speaker
    Albert, July 22, 1974, pp. 24436-47). This provision requires a select
    committee to publish its adopted rules in the Record (June 25, 1998, p.
    14014).
      Failure <> to follow
    certain procedural requirements imposed on committees by this rule may
    invalidate committee actions. Violation of the requirements as to open
    meetings and hearings and other hearing irregularities improperly
    overruled (see clause 2(g)(5) of rule XI) or the prescribed committee
    procedures for reporting bills and resolutions (clause 2(h) of rule XI)
    may in some instances be the basis for a point of order in the House,
    resulting in the recommitment of the bill. However, a point of order
    does not ordinarily lie in the House against consideration of a bill by
    reason of defective committee procedures occurring before the time the
    bill is ordered reported to the House (Procedure, ch. 17, Sec. 11.1).
      Many of the procedures applicable to committees derive from
    Jefferson's Manual, which governs the House and its committees in all
    cases to which it is applicable (clause 1 of rule XXIX). A committee may
    act only when together, and not by separate consultation and consent,
    nothing being the report (or recommendation) of the committee except
    what has been agreed to in committee actually assembled (see Jefferson's
    Manual at Sec. 407, supra). A measure before a committee for
    consideration must be read for amendment by section as in the House (see
    Jefferson's Manual at Sec. Sec. 412-414, supra), and reading of the
    measure and of amendments thereto must be in full. The procedures
    applicable in the House as in the Committee of the Whole (see
    Sec. Sec. 424, 427, supra) generally apply to proceedings in committees
    of the House of Representatives, except that because a measure
    considered in committee must be read for amendment, a motion to limit
    debate under the five-minute rule in committee must be confined to the
    portion of the bill then pending. The motion for the previous question
    may be applied to a question under debate in committee when it has been
    read (or considered as read) for amendment in its entirety.
      Committees generally conduct their business under the five-minute rule
    but may employ the ordinary motions that are in order in the House, such
    as under clause 4 of rule XVI.
    Regular meeting days
      (b) <> Each standing committee shall
    establish regular meeting days for the conduct of its business, which
    shall be not less frequent than monthly. Each such committee shall meet
    for the consideration of a bill or resolution pending before the
    committee or the transaction of other committee business on

    [[Page 554]]

    all regular meeting days fixed by the committee if notice is given
    pursuant to paragraph (g)(3).
    Additional and special meetings
      (c)(1) The chair of each standing committee may call and convene, as
    the chair considers necessary, additional and special meetings of the
    committee for the consideration of a bill or resolution pending before
    the committee or for the conduct of other committee business, subject to
    such rules as the committee may adopt. The committee shall meet for such
    purpose under that call of the chair.
      (2) Three or more members of a standing committee may file in the
    offices of the committee a written request that the chair call a special
    meeting of the committee. Such request shall specify the measure or
    matter to be considered. Immediately upon the filing of the request, the
    clerk of the committee shall notify the chair of the filing of the
    request. If the chair does not call the requested special meeting within
    three calendar days after the filing of the request (to be held within
    seven calendar days after the filing of the request) a majority of the
    members of the committee may file in the offices of the committee their
    written notice that a special meeting of the committee will be held. The
    written notice shall specify the date and hour of the special meeting
    and the measure or matter to be considered. The committee shall meet on
    that date and hour. Immediately upon the filing of the notice, the clerk
    of the committee shall no

    [[Page 555]]

    tify all members of the committee that such special meeting will be held
    and inform them of its date and hour and the measure or matter to be
    considered. Such notice shall also be made publicly available in
    electronic form and shall be deemed to satisfy paragraph (g)(3)(A)(ii).
    Only the measure or matter specified in that notice may be considered at
    that special meeting.
    Temporary absence of chair
      (d) A member of the majority party on each standing committee or
    subcommittee thereof shall be designated by the chair of the full
    committee as the vice chair of the committee or subcommittee, as the
    case may be, and shall preside during the absence of the chair from any
    meeting. If the chair and vice chair of a committee or subcommittee are
    not present at any meeting of the committee or subcommittee, the ranking
    majority member who is present shall preside at that meeting.

      Paragraphs (b), (c), and (d) were first adopted on December 8, 1931
    (VIII, 2208), were amended on January 3, 1953 (p. 24), and were revised
    both by the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 102d
    Congress paragraph (d) was amended to provide that the ranking majority
    member of each committee and subcommittee be designated as its vice
    chair (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th Congress paragraph
    (d) was amended to permit the chair of a full committee to designate
    vice chairs of the committee and its subcommittees (sec. 223(c), H. Res.
    6, Jan. 4, 1995, p. 477). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47). Gender-based references were eliminated in the
    111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). In the 113th
    Congress paragraph (b) was amended to require the holding of a regular
    meeting only if notice thereof is given, and paragraph (c)(2) was
    amended to clarify that a special meeting does not require additional
    notice under paragraph (g) (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _).

    [[Page 556]]

      A committee scheduled to meet on stated days, when convened on such
    day with a quorum present, may proceed to the transaction of business
    regardless of the absence of the chair (VIII, 2213, 2214). These
    precedents should be read in light of paragraph (d) and clause 5(c) of
    rule X. A committee meeting being adjourned for lack of a quorum, a
    majority of the members of the committee may not, without the consent of
    the chair, call a meeting of the committee on the same day (VIII, 2213).
    Committee records
      (e)(1)(A) <> Each committee shall keep
    a complete record of all committee action which shall include--
          (i) in the case of a meeting or hearing transcript, a
    substantially verbatim account of remarks actually made during the
    proceedings, subject only to technical, grammatical, and typographical
    corrections authorized by the person making the remarks involved; and
          (ii) a record of the votes on any question on which a record vote
    is taken.
      (B)(i) <> Except as provided in
    subdivision (B)(ii) and subject to paragraph (k)(7), the result of each
    such record vote shall be made available by the committee for inspection
    by the public at reasonable times in its offices and also made publicly
    available in electronic form within 48 hours of such record vote.
    Information so available shall include a description of the amendment,
    motion, order, or other proposition, the name of each member voting for
    and each member voting against such amendment, motion, order, or
    proposition, and the names of those members of the committee present but
    not voting.
      (ii) The result of any record vote taken in executive session in the
    Committee on Ethics may

    [[Page 557]]

    not be made available for inspection by the public without an
    affirmative vote of a majority of the members of the committee.
      (2)(A) <> Except as provided in
    subdivision (B), all committee records (including hearings, data,
    charts, and files) shall be kept separate and distinct from the
    congressional office records of the member serving as its chair. Such
    records shall be the property of the House, and each Member, Delegate,
    and the Resident Commissioner shall have access thereto.
      (B) A Member, Delegate, or Resident Commissioner, other than members
    of the Committee on Ethics, may not have access to the records of that
    committee respecting the conduct of a Member, Delegate, Resident
    Commissioner, officer, or employee of the House without the specific
    prior permission of that committee.
      (3) Each committee shall include in its rules standards for
    availability of records of the committee delivered to the Archivist of
    the United States under rule VII. Such standards shall specify
    procedures for orders of the committee under clause 3(b)(3) and clause
    4(b) of rule VII, including a requirement that nonavailability of a
    record for a period longer than the period otherwise applicable under
    that rule shall be approved by vote of the committee.
      (4) Each committee shall make its publications available in electronic
    form to the maximum extent feasible.

    [[Page 558]]

      (5) To the maximum extent practicable, each committee shall--
          (A) provide audio and video coverage of each hearing or meeting
    for the transaction of business in a manner that allows the public to
    easily listen to and view the proceedings; and
          (B) maintain the recordings of such coverage in a manner that is
    easily accessible to the public.
      (6) Not later than 24 hours after the adoption of any amendment to a
    measure or matter considered by a committee, the chair of such committee
    shall cause the text of each such amendment to be made publicly
    available in electronic form.

      The first sentence of paragraph (e)(1) was rewritten entirely in the
    104th Congress (sec. 206, H. Res. 6, Jan. 4, 1995, p. 475). Its
    predecessor, requiring a complete record of all committee actions,
    including votes on any question on which a roll call was demanded, was
    enacted as section 133(b) of the Legislative Reorganization Act of 1946
    (60 Stat. 812) and made part of the standing rules on January 3, 1953
    (p. 24). The requirement that committee roll calls be subject to public
    inspection was added by section 104(b) of the Legislative Reorganization
    Act of 1970 (84 Stat. 1140) and made a part of the rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144). The qualified exception for
    the Committee on Ethics (formerly Standards of Official Conduct) from
    the requirement of public availability of record votes was added in the
    105th Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. 19336).
    Effective on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), the requirement that proxy votes in committee be made available
    for public inspection was eliminated from this paragraph because proxies
    were prohibited as of that date, but in the 94th Congress clause 2(f) of
    rule XI was amended to permit proxies in committee, and this paragraph
    was likewise amended to reinsert the requirement of availability for
    public inspection (H. Res. 5, Jan. 14, 1975, p. 20). When proxy voting
    was again eliminated in the 104th Congress, the reference thereto in the
    third sentence of paragraph (e)(1) was deleted (sec. 104(b), H. Res. 6,
    Jan. 4, 1995, p. 463). Paragraph (e)(1) was amended in the 112th
    Congress to require that record votes be electronically available within
    48 hours (sec. 2(c)(5), H. Res. 5, Jan. 5, 2011, p. 80) and amended in
    the 113th Congress to effect a technical correction (sec. 2(f), H. Res.
    5, Jan.

    [[Page 559]]

    3, 2013, p. _). Paragraph (e)(2) derives from section 202(d) of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), was made a part
    of the rules in the 83d Congress (H. Res. 5, Jan. 3, 1953, p. 24), was
    amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to
    restrict the access of Members to certain records of the Committee on
    Ethics (formerly Standards of Official Conduct), and was amended in the
    113th Congress to effect a technical correction (sec. 2(f), H. Res. 5,
    Jan. 3, 2013, p. _). Paragraph (e)(3) was added in the 101st Congress
    (H. Res. 5, Jan. 3, 1989, p. 72). Paragraph (e)(4) was added in the
    105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Subparagraphs (5) and
    (6) were added in the 112th Congress (secs. 2(c)(6), 2(c)(9), H. Res. 5,
    Jan. 5, 2011, p. 80). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). This paragraph was
    amended in the 112th Congress to reflect a change in committee name
    (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80).
      Although all Members have access to committee records under this
    clause, it is not without qualification. For example, this clause: (1)
    does not give a Member the right to make photostatic copies of such
    records (Speaker Rayburn, Aug. 14, 1957, pp. 14737-39), and such records
    may not be brought into the well of the House if the committee has not
    authorized such action (Speaker Rayburn, June 3, 1960, p. 11820); (2)
    does not necessarily apply to records within the possession of the
    executive branch that the members of the committee have been allowed to
    examine under limited conditions at the discretion of the executive
    agency in possession of such materials (Speaker O'Neill, July 31, 1980,
    p. 20765); (3) does not apply to records (an executive communication not
    yet referred to committee) in the possession of the House (Sept. 9,
    1998, p. 19769). In the 105th Congress the House adopted a resolution
    restricting Members' access to documents received from an independent
    counsel (said to relate to possible grounds for impeachment of the
    President) and referred to the Committee on the Judiciary (H. Res. 525,
    Sept. 11, 1998, p. 20020).
      Testimony or evidence taken in executive sessions of a committee is
    under the control and subject to the regulation of the committee and,
    under clause 2(k)(7) of rule XI (Sec. 803, infra), cannot be released
    without the consent of the committee (June 26, 1961, p. 11233; see also
    Deschler, ch. 17, Sec. 18). Furthermore, such access allows a Member to
    examine executive session materials only in committee rooms and does not
    permit a Member to copy or to take personal notes from such materials,
    to keep such notes or copies in personal office files, or to release
    such materials to the public without the consent of the committee or
    subcommittee under clause 2(k)(7) of rule XI (Speaker O'Neill, Dec. 6,
    1977, pp. 38470-73). Compare this clause with clause 11(g)(3) of rule X,
    which only permits access of nonmembers of the Permanent Select
    Committee on Intelligence to classified information in the possession of
    that committee when authorized by that committee. A resolution directing
    a standing committee to release executive-

    [[Page 560]]

    session material referred to it by special rule of the House was held to
    propose a change in the rules and, therefore, not to constitute a
    question of the privileges of the House under rule IX (Sept. 23, 1998,
    p. 21562).
      In implementing clause 2(e), committees may prescribe regulations to
    govern the manner of access to their records, such as requiring
    examination only in committee rooms.

    Prohibition against proxy voting
      (f) <> A vote by a member of a committee
    or subcommittee with respect to any measure or matter may not be cast by
    proxy.

      The 104th Congress adopted paragraph (f) in this form (sec. 104, H.
    Res. 6, Jan. 4, 1995, p. 463). An earlier form of the provision was
    enacted as section 106(b) of the Legislative Reorganization Act of 1970
    (84 Stat. 1140) and made part of the standing rules in the 92d Congress
    (H. Res. 5, Jan. 22, 1971, p. 144). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. 47).
      The original form of this paragraph permitted committees to adopt
    written rules permitting proxies in writing, designating the persons to
    execute them and specifying the measures or matters to which they
    applied. Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470), proxies in committee were prohibited, but in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20), the rule was amended to
    permit proxies in committees with additional restrictions requiring an
    assertion that the grantor was absent on official business or otherwise
    unable to attend, requiring the Member to sign and date the proxy, and
    permitting general proxies for procedural matters.

    Open meetings and hearings
      (g)(1) <> Each meeting for
    the transaction of business, including the markup of legislation, by a
    standing committee or subcommittee thereof (other than the Committee on
    Ethics or its subcommittees) shall be open to the public, including to
    radio, television, and still photography coverage, except when the
    committee or subcommittee, in open session and with a majority present,
    determines by record

    [[Page 561]]

    vote that all or part of the remainder of the meeting on that day shall
    be in executive session because disclosure of matters to be considered
    would endanger national security, would compromise sensitive law
    enforcement information, would tend to defame, degrade, or incriminate
    any person, or otherwise would violate a law or rule of the House.
    Persons, other than members of the committee and such noncommittee
    Members, Delegates, Resident Commissioner, congressional staff, or
    departmental representatives as the committee may authorize, may not be
    present at a business or markup session that is held in executive
    session. This subparagraph does not apply to open committee hearings,
    which are governed by clause 4(a)(1) of rule X or by subparagraph (2).
      (2)(A) Each hearing conducted by a committee or subcommittee (other
    than the Committee on Ethics or its subcommittees) shall be open to the
    public, including to radio, television, and still photography coverage,
    except when the committee or subcommittee, in open session and with a
    majority present, determines by record vote that all or part of the
    remainder of that hearing on that day shall be closed to the public
    because disclosure of testimony, evidence, or other matters to be
    considered would endanger national security, would compromise sensitive
    law enforcement information, or would violate a law or rule of the
    House.
      (B) Notwithstanding the requirements of subdivision (A), in the
    presence of the number of

    [[Page 562]]

    members required under the rules of the committee for the purpose of
    taking testimony, a majority of those present may--
          (i) agree to close the hearing for the sole purpose of discussing
    whether testimony or evidence to be received would endanger national
    security, would compromise sensitive law enforcement information, or
    would violate clause 2(k)(5); or
          (ii) agree to close the hearing as provided in clause 2(k)(5).
      (C) A Member, Delegate, or Resident Commissioner may not be excluded
    from non-
    participatory attendance at a hearing of a committee or subcommittee
    (other than the Committee on Ethics or its subcommittees) unless the
    House by majority vote authorizes a particular committee or
    subcommittee, for purposes of a particular series of hearings on a
    particular article of legislation or on a particular subject of
    investigation, to close its hearings to Members, Delegates, and the
    Resident Commissioner by the same procedures specified in this
    subparagraph for closing hearings to the public.
      (D) The committee or subcommittee may vote by the same procedure
    described in this subparagraph to close one subsequent day of hearing,
    except that the Committee on Appropriations, the Committee on Armed
    Services, and the Permanent Select Committee on Intelligence, and the
    subcommittees thereof, may vote by the same procedure to close up to
    five additional, consecutive days of hearings.

    [[Page 563]]

      (3)(A) The chair of a committee shall announce the date, place, and
    subject matter of--
          (i) a committee hearing, which may not commence earlier than one
    week after such notice; or
          (ii) a committee meeting, which may not commence earlier than the
    third day on which members have notice thereof.
      (B) A hearing or meeting may begin sooner than specified in
    subdivision (A) in either of the following circumstances (in which case
    the chair shall make the announcement specified in subdivision (A) at
    the earliest possible time):
          (i) the chair of the committee, with the concurrence of the
    ranking minority member, determines that there is good cause; or
          (ii) the committee so determines by majority vote in the presence
    of the number of members required under the rules of the committee for
    the transaction of business.
      (C) An announcement made under this subparagraph shall be published
    promptly in the Daily Digest and made publicly available in electronic
    form.
      (D) This subparagraph and subparagraph (4) shall not apply to the
    Committee on Rules.
      (4) At least 24 hours prior to the commencement of a meeting for the
    markup of legislation, or at the time of an announcement under
    subparagraph (3)(B) made within 24 hours before such meeting, the chair
    of the committee shall cause the text of such legislation to be made
    publicly available in electronic form.

    [[Page 564]]

      (5)(A) Each committee shall, to the greatest extent practicable,
    require witnesses who appear before it to submit in advance written
    statements of proposed testimony and to limit their initial
    presentations to the committee to brief summaries thereof.
      (B) In the case of a witness appearing in a nongovernmental capacity,
    a written statement of proposed testimony shall include a curriculum
    vitae and a disclosure of any Federal grants or contracts, or contracts
    or payments originating with a foreign government, received during the
    current calendar year or either of the two previous calendar years by
    the witness or by an entity represented by the witness and related to
    the subject matter of the hearing.
      (C) The disclosure referred to in subdivision (B) shall include--
          (i) the amount and source of each Federal grant (or subgrant
    thereof) or contract (or subcontract thereof) related to the subject
    matter of the hearing; and
          (ii) the amount and country of origin of any payment or contract
    related to the subject matter of the hearing originating with a foreign
    government.
      (D) Such statements, with appropriate redactions to protect the
    privacy or security of the witness, shall be made publicly available in
    electronic form not later than one day after the witness appears.
      (6)(A) Except as provided in subdivision (B), a point of order does
    not lie with respect to a

    [[Page 565]]

    measure reported by a committee on the ground that hearings on such
    measure were not conducted in accordance with this clause.
      (B) A point of order on the ground described in subdivision (A) may be
    made by a member of the committee that reported the measure if such
    point of order was timely made and improperly disposed of in the
    committee.
      (7) This paragraph does not apply to hearings of the Committee on
    Appropriations under clause 4(a)(1) of rule X.

      Subparagraphs (1) and (2), relating to open committee meetings and
    hearings, were first made part of the rules on March 7, 1973 (H. Res.
    259, 93d Cong., pp. 6713-20). They were amended in the 94th Congress (H.
    Res. 5, Jan. 14, 1975, p. 20), to limit to one day (in the case of a
    meeting) or to one day plus one subsequent day (in the case of a
    hearing) the period during which a committee may close its session. They
    were again amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp.
    53-70) to require that a majority (rather than a quorum) be present when
    a committee or subcommittee votes to close a meeting or hearing and to
    provide that a noncommittee Member cannot be excluded from a hearing
    except by a vote of the House. However, subparagraph (2) was amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8) to permit a majority
    of those present under the rules of the committee for the purpose of
    taking testimony (not less than two members as provided in clause
    2(h)(2) of rule XI) to vote to close a hearing either to discuss whether
    the testimony would endanger national security or would violate clause
    2(k)(5) of this rule, or to proceed to close the hearing as provided by
    clause 2(k)(5). In the 98th Congress subparagraph (2) was amended
    further to permit the Committees on Appropriations and Armed Services,
    and the Permanent Select Committee on Intelligence, and their
    subcommittees, when voting in open session with a quorum present, to
    close a hearing on that particular day and for up to five additional
    days, for a total of not to exceed six days (H. Res. 5, Jan. 3, 1983, p.
    34). In the 104th Congress the paragraph was amended to require that
    meetings and hearings open to the public also be open to broadcast and
    photographic media; subparagraph (2) was further amended to permit
    closed meetings only on specified conditions and to delete an exception
    for meetings relating to internal budget or personnel matters and to
    specify a new condition (sensitive law enforcement information) for
    closing hearings (sec. 105, H. Res. 6, Jan. 4, 1995, p. 463). The
    paragraph was also amended to conform references to renamed committees
    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999,
    p.

    [[Page 566]]

    47). In the 105th Congress subparagraphs (1) and (2) were again amended
    to reflect an amendment to former clause 4(e)(3) of rule X (currently
    clause 3 of rule XI) requiring meetings of the Committee on Ethics to
    occur in executive session (except for adjudicatory subcommittee
    meetings or full committee sanction hearings) unless opened by an
    affirmative vote of a majority of members (sec. 5, H. Res. 168, Sept.
    18, 1997, p. 19336). Subparagraphs (3), (5), (6), and (7) derive from
    sections 111(b), 113(b), 115(b), and 242(c) respectively of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and became part
    of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
    Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), these provisions were inadvertently omitted from the rules, and
    were therefore reinserted in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20). Subparagraph (3) was amended as follows: in the 97th
    Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to add the requirement of
    prompt entering of public notice of committee hearings into the
    committee scheduling service of the House Information Resources; in the
    104th Congress to permit the calling of a hearing on less than seven
    days' notice upon a determination of good cause either by vote of the
    committee or subcommittee or by its chair with the concurrence of its
    ranking minority member (H. Res. 43, Jan. 31, 1995, p. 3028); and in the
    112th Congress to apply the notice requirement to meetings (sec.
    2(c)(3), H. Res. 5, Jan. 5, 2011, p. 80). A new subparagraph (4) was
    inserted (and subsequent subparagraphs redesignated) in the 112th
    Congress to require availability of committee markup text (sec. 2(c)(4),
    H. Res. 5, Jan. 5, 2011, p. 80). In the 105th and 106th Congresses
    subparagraphs (3) and (2) (respectively) were amended to effect a
    technical correction (H. Res. 5, Jan. 7, 1997, p. 121; H. Res. 5, Jan.
    6, 1999, p. 47). Subparagraph (5) (then subparagraph (4)) was rewritten
    in the 105th Congress to encourage committees to elicit curricula vitae
    and disclosures of certain interests from nongovernmental witnesses (H.
    Res. 5, Jan. 7, 1997, p. 121), in the 112th Congress to require
    electronic availability of such disclosures and enable redactions for
    witness privacy (sec. 2(c)(7), H. Res. 5, Jan. 5, 2011, p. 80), and in
    the 114th Congress to require the disclosure of contracts or payments
    from foreign governments, to confine the disclosure to the subject
    matter of the hearing, and to enable redactions for witness security
    (sec. 2(a)(1), H. Res. 5, Jan. 6, 2015, p. _). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). This paragraph was amended in the 112th Congress to reflect a change
    in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80).
      In the 105th Congress the House adopted a resolution restricting
    access to meetings and hearings held by the Committee on the Judiciary
    on a communication received from an independent counsel relating to
    possible grounds for impeachment of the President (H. Res. 525, Sept.
    11, 1998, p. 20020).

    [[Page 567]]

    Quorum requirements
      (h)(1) <> A measure or
    recommendation may not be reported by a committee unless a majority of
    the committee is actually present.

      This subparagraph is from section 133(d) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was made a part of the
    rules on January 3, 1953 (p. 24). Before the House recodified its rules
    in the 106th Congress, this provision was found in former clause
    2(l)(2)(A) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). The point of
    order that a bill was reported from a committee without a formal meeting
    and a quorum present comes too late if debate has started on a bill in
    the House (VIII, 2223; Feb. 24, 1947, p. 1374). No committee report is
    valid unless authorized with a quorum of the committee actually present
    at the time the vote is taken (IV, 4584; VIII, 2211, 2212, 2221, 2222),
    and although Speakers have indicated that committee members may come and
    go during the course of the vote if the roll call indicates that a
    quorum was present (VIII, 2222), where it is admitted that a quorum was
    not in the room at any time during the vote and the committee transcript
    does not show a quorum acting as a quorum, the Chair will sustain the
    point of order (VIII, 2212). In the 103d Congress, this provision was
    amended to provide that responses to roll calls in committee be deemed
    contemporaneous and to require that a point of no quorum with respect to
    a committee report be timely asserted in committee or considered waived
    (H. Res. 5, Jan. 5, 1993, p. 49), but in the 104th Congress both of
    those features were deleted from the rule (sec. 207, H. Res. 6, Jan. 4,
    1995, p. 467).
      Where the committee transcript was not conclusive and the manager of
    the bill gave absolute assurance that a majority of the full committee
    was actually present when the bill was ordered reported the Speaker
    overruled a point of order made under this provision (Oct. 22, 1987, p.
    28807). A point of no quorum pending a committee vote on ordering a
    measure reported may provoke a quorum call requiring a majority of the
    committee to be present in the committee room. A committee may act only
    when together, nothing being the report of the committee except what has
    been agreed to in committee actually assembled (see Jefferson's Manual
    at Sec. 407, supra).

      (2) <> Each committee may fix the
    number of its members to constitute a quorum for taking testimony and
    receiving evidence, which may not be less than two.

    [[Page 568]]

      (3) Each committee (other than the Committee on Appropriations, the
    Committee on the Budget, and the Committee on Ways and Means) may fix
    the number of its members to constitute a quorum for taking any action
    other than one for which the presence of a majority of the committee is
    otherwise required, which may not be less than one-third of the members.

      Subparagraphs (2) and (3) (formerly subparagraphs (1) and (2)) were
    adopted in the 84th Congress and only related to the authority of a
    committee to fix a quorum of not less than two for taking testimony (H.
    Res. 151, Mar. 23, 1955, pp. 3569, 3585). In the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70) subparagraph (3) (formerly subparagraph (2))
    was added to authorize committees to fix a quorum less than a majority
    for certain other action. Before the House recodified its rules in the
    106th Congress, paragraph (h) consisted only of subparagraphs (2) and
    (3) (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (3) was amended in
    the 107th Congress to preserve all requirements for a majority quorum
    found in House rules (sec. 2(i), H. Res. 5, Jan. 3, 2001, p. 25).
      Authority for a committee (other than the committee on Oversight and
    Government Reform under clause 4(c) of rule X) to conduct depositions or
    interrogatories before one member or staff of the committee must be
    specifically conferred by the House (see, e.g., Oct. 13, 1988, p. 30467;
    H. Res. 167, 105th Cong., June 20, 1997, p. 11677).

      (4)(A) <> Each
    committee may adopt a rule authorizing the chair of a committee or
    subcommittee--
          (i) to postpone further proceedings when a record vote is ordered
    on the question of approving a measure or matter or on adopting an
    amendment; and
          (ii) to resume proceedings on a postponed question at any time
    after reasonable notice.
      (B) A rule adopted pursuant to this subparagraph shall provide that
    when proceedings resume on a postponed question, notwithstanding any
    intervening order for the previous question,

    [[Page 569]]

    an underlying proposition shall remain subject to further debate or
    amendment to the same extent as when the question was postponed.

      This subparagraph was added in the 108th Congress (sec. 2(g), H. Res.
    5, Jan. 7, 2003, p. 7). A gender-based reference was eliminated in the
    111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
    Limitation on committee sittings
      (i) <> A committee may not sit
    during a joint session of the House and Senate or during a recess when a
    joint meeting of the House and Senate is in progress.

      This prohibition was added in the 101st Congress (H. Res. 5, Jan. 3,
    1989, p. 72). Other limitations on committee sittings, removed from this
    paragraph in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121), had
    their origins in a separate clause in 1794. That clause was omitted from
    rule XI in the adoption of rules for the 80th Congress but remained
    effective as part of the Legislative Reorganization Act of 1946, the
    applicable provisions of which were continued as a part of the Rules of
    the House. It prohibited committees from sitting at any time when the
    House was in session, but was narrowed to proscribe sittings during the
    five-minute rule by the Legislative Reorganization Act of 1970 (sec.
    117(b); 84 Stat. 1140) and this revision was made part of the standing
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the
    Committees on Appropriations, the Budget, and Rules were exempted; and
    in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the Committee
    on Standards of Official Conduct was also exempted. The Committee on
    Ways and Means was traditionally permitted to sit during proceedings
    under the five-minute rule by unanimous consent granted each Congress
    (Jan. 29, 1975, p. 1677) until it was exempted in the 97th Congress (H.
    Res. 5, Jan. 5, 1981, pp. 98-113). A provision that special leave to sit
    be granted if ten Members did not object was added in the 95th Congress
    (H. Res. 5, Jan. 4, 1977, pp. 53-70). An exemption for the Committee on
    House Administration was added in the 101st Congress (H. Res. 5, Jan. 3,
    1989, p. 72). In the 103d Congress the prohibition against sitting
    during proceedings under the five-minute rule was stricken altogether
    (H. Res. 5, Jan. 5, 1993, p. 49), but in the 104th Congress the former
    rule was reinstated with exemptions for the Committees on
    Appropriations, the Budget, Rules, Standards of Official Conduct, and
    Ways and Means, and also with provision for a privileged motion by the
    Majority Leader (sec. 208, H. Res. 6, Jan. 4, 1995, p. 467), who
    controlled one hour of debate thereon (Jan. 23, 1995, p. 2209). Clerical
    and

    [[Page 570]]

    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47).

    Calling and questioning of witnesses
      (j)(1) <> Whenever a hearing is conducted by a
    committee on a measure or matter, the minority members of the committee
    shall be entitled, upon request to the chair by a majority of them
    before the completion of the hearing, to call witnesses selected by the
    minority to testify with respect to that measure or matter during at
    least one day of hearing thereon.
      (2)(A) Subject to subdivisions (B) and (C), each committee shall apply
    the five-minute rule during the questioning of witnesses in a hearing
    until such time as each member of the committee who so desires has had
    an opportunity to question each witness.
      (B) A committee may adopt a rule or motion permitting a specified
    number of its members to question a witness for longer than five
    minutes. The time for extended questioning of a witness under this
    subdivision shall be equal for the majority party and the minority party
    and may not exceed one hour in the aggregate.
      (C) A committee may adopt a rule or motion permitting committee staff
    for its majority and minority party members to question a witness for
    equal specified periods. The time for extended questioning of a witness
    under this subdivision shall be equal for the majority party and the
    minority party and may not exceed one hour in the aggregate.

    [[Page 571]]

      Paragraph (j)(1) was contained in section 114(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and was made a part of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Paragraph
    (j)(2) was added to the rules on that latter date. Although a majority
    of the minority members of a committee are entitled to call witnesses
    selected by the minority for at least one day of hearings, no rule of
    the House requires the calling of witnesses on opposing sides of an
    issue (Oct. 14, 1987, p. 27921). In the 105th Congress paragraph (j)(2)
    was redesignated as (2)(A) and two new subparagraphs were added as
    (2)(B) and (2)(C) to enable committees to permit extended examinations
    of witnesses by designated members or by staff (H. Res. 5, Jan. 7, 1997,
    p. 121). A technical correction was effected in the 106th Congress to
    clarify the procedure to extend questioning, and clerical and stylistic
    changes were effected when the House recodified its rules in the same
    Congress (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). In the 114th Congress a select committee was permitted to increase
    from five to ten minutes the time for questioning a witness under
    subparagraph (2)(A) (sec. 4(a), H. Res. 5, Jan. 6, 2015, p. _).

    Hearing procedures
      (k)(1) <> The chair at a hearing shall
    announce in an opening statement the subject of the hearing.
      (2) A copy of the committee rules and of this clause shall be made
    available to each witness on request.
      (3) Witnesses at hearings may be accompanied by their own counsel for
    the purpose of advising them concerning their constitutional rights.
      (4) The chair may punish breaches of order and decorum, and of
    professional ethics on the part of counsel, by censure and exclusion
    from the hearings; and the committee may cite the offender to the House
    for contempt.
      (5) Whenever it is asserted by a member of the committee that the
    evidence or testimony at a hearing may tend to defame, degrade, or
    incriminate any person, or it is asserted by a witness

    [[Page 572]]

    that the evidence or testimony that the witness would give at a hearing
    may tend to defame, degrade, or incriminate the witness--
          (A) notwithstanding paragraph (g)(2), such testimony or evidence
    shall be presented in executive session if, in the presence of the
    number of members required under the rules of the committee for the
    purpose of taking testimony, the committee determines by vote of a
    majority of those present that such evidence or testimony may tend to
    defame, degrade, or incriminate any person; and
          (B) the committee shall proceed to receive such testimony in open
    session only if the committee, a majority being present, determines that
    such evidence or testimony will not tend to defame, degrade, or
    incriminate any person.
    In either case the committee shall afford such person an opportunity
    voluntarily to appear as a witness, and receive and dispose of requests
    from such person to subpoena additional witnesses.
      (6) Except as provided in subparagraph (5), the chair shall receive
    and the committee shall dispose of requests to subpoena additional
    witnesses.
      (7) Evidence or testimony taken in executive session, and proceedings
    conducted in executive session, may be released or used in public
    sessions only when authorized by the committee, a majority being
    present.

    [[Page 573]]

      (8) In the discretion of the committee, witnesses may submit brief and
    pertinent sworn statements in writing for inclusion in the record. The
    committee is the sole judge of the pertinence of testimony and evidence
    adduced at its hearing.
      (9) A witness may obtain a transcript copy of the testimony of such
    witness given at a public session or, if given at an executive session,
    when authorized by the committee.

      The provisions of paragraph (k) were first incorporated into the rules
    in the 84th Congress (H. Res. 151, Mar. 23, 1955, pp. 3569, 3585). The
    requirement of subparagraph (2) that a copy of committee rules be
    furnished to each witness was added in the 92d Congress (H. Res. 5, Jan.
    22, 1971, p. 144) and was amended in the 107th Congress to require the
    committee to furnish such rules only when the witness so requests (sec.
    2(j), H. Res. 5, Jan. 3, 2001, p. 25). The former requirement of
    subparagraph (9) that a witness pay the cost of a transcript copy of
    testimony was eliminated under the Committee Reform Amendments of 1974,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). Subparagraph (5) was amended in the 96th Congress to permit a
    committee or subcommittee to hear testimony asserted to be defamatory in
    executive session upon a determination by a majority of those present
    that such testimony is indeed defamatory, degrading, or incriminating
    (H. Res. 5, Jan. 15, 1979, pp. 7-16), in the 105th Congress to clarify a
    majority of those voting (a full quorum being present) may decide to
    proceed in open session (H. Res. 5, Jan. 7, 1997, p. 121), and in the
    107th Congress to permit such an assertion to be made by the witness
    (with respect to that witness) or a member of the committee (with
    respect to any person) (sec. 2(j), H. Res. 5, Jan. 3, 2001, p. 25).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47).
    ``Investigative'' was removed from the heading and subparagraphs (1),
    (3), and (5) in the 107th Congress to conform the rule to House
    practice, which is to apply this paragraph to all committee hearings
    (sec. 2(j), H. Res. 5, Jan. 3, 2001, p. 25). Gender-based references
    were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6,
    2009, p. 7).
      The requirements of clause 2(g)(1) and (2), and of 2(m)(2)(A), of this
    rule that a majority of the committee or subcommittee shall constitute a
    quorum for the purposes of closing meetings or hearings or issuing
    subpoenas have been construed to require, under clause 2(k)(7) of this
    rule, that a majority shall likewise constitute a quorum to release or
    make public any evidence or testimony received in any closed meeting or
    hearing and

    [[Page 574]]

    any other executive session record of the committee or subcommittee. See
    also clauses 11(c) and 11(g) of rule X, which provide that classified
    material transmitted by the Permanent Select Committee on Intelligence
    to another committee of the House becomes the executive session material
    of the recipient committee by virtue of the nature of the material and
    the injunction of clause 11(g) of rule X, which prohibits disclosure of
    information provided to committees or Members of the House except in a
    secret session. For a discussion of questions of the privileges of the
    House addressing committee hearing procedure, see Sec. 704, supra.

    Supplemental, minority, additional, or dissenting views
      (l) <> If at the time of approval of a
    measure or matter by a committee (other than the Committee on Rules) a
    member of the committee gives notice of intention to file supplemental,
    minority, additional, or dissenting views for inclusion in the report to
    the House thereon, all members shall be entitled to not less than two
    additional calendar days after the day of such notice (excluding
    Saturdays, Sundays, and legal holidays except when the House is in
    session on such a day) to file such written and signed views with the
    clerk of the committee.

      This provision was originally included in section 107 of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). In the 104th Congress it was amended to count as a
    ``calendar day'' any day on which the House is in session (H. Res. 254,
    Nov. 30, 1995, p. 35077). In the 105th Congress it was amended to reduce
    the guaranteed time for composing separate views from three full days to
    two full days after the day of notice (H. Res. 5, Jan. 7, 1997, p. 121).
    In the 113th Congress it was amended to clarify that notice inures to
    all committee members (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). It was
    amended in the 114th Congress to include dissenting views (sec. 2(a)(5),
    H. Res. 5, Jan. 6, 2015, p. _). Before the House recodified its rules in
    the 106th Congress, paragraph (l) consisted of this paragraph and
    current clause 2(c) of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 575]]

    Power to sit and act; subpoena power
      (m)(1) <> For
    the purpose of carrying out any of its functions and duties under this
    rule and rule X (including any matters referred to it under clause 2 of
    rule XII), a committee or subcommittee is authorized (subject to
    subparagraph (3)(A))--
          (A) to sit and act at such times and places within the United
    States, whether the House is in session, has recessed, or has adjourned,
    and to hold such hearings as it considers necessary; and
          (B) to require, by subpoena or otherwise, the attendance and
    testimony of such witnesses and the production of such books, records,
    correspondence, memoranda, papers, and documents as it considers
    necessary.
      (2) The chair of the committee, or a member designated by the chair,
    may administer oaths to witnesses.
      (3)(A)(i) Except as provided in subdivision (A)(ii), a subpoena may be
    authorized and issued by a committee or subcommittee under subparagraph
    (1)(B) in the conduct of an investigation or series of investigations or
    activities only when authorized by the committee or subcommittee, a
    majority being present. The power to authorize and issue subpoenas under
    subparagraph (1)(B) may be delegated to the chair of the committee under
    such rules and under such limitations as the committee may prescribe.
    Authorized subpoenas shall be signed by the chair of the com

    [[Page 576]]

    mittee or by a member designated by the committee.
      (ii) In the case of a subcommittee of the Committee on Ethics, a
    subpoena may be authorized and issued only by an affirmative vote of a
    majority of its members.
      (B) A subpoena duces tecum may specify terms of return other than at a
    meeting or hearing of the committee or subcommittee authorizing the
    subpoena.
      (C) Compliance with a subpoena issued by a committee or subcommittee
    under subparagraph (1)(B) may be enforced only as authorized or directed
    by the House.

      Before the adoption of clause 2(m) under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), only the Committees on Appropriations, the
    Budget, Government Operations, Internal Security, and Standards of
    Official Conduct were permitted by the standing rules to perform the
    functions as specified in subparagraphs (1)(A) and (1)(B), and other
    standing and select committees were given those authorities by separate
    resolutions reported from the Committee on Rules each Congress. In the
    94th Congress the paragraph was amended to require authorized subpoenas
    to be signed by the chair of the full committee or any member designated
    by the committee (H. Res. 5, Jan. 14, 1975, p. 20). In the 95th Congress
    the paragraph was amended to permit a subcommittee, as well as a full
    committee, to authorize subpoenas and to allow a full committee to
    delegate such authority to the chair of the full committee (H. Res. 5,
    Jan. 4, 1977, pp. 53-70). The special rule for authorizing and issuing a
    subpoena of a subcommittee of the Committee on Ethics (formerly
    Standards of Official Conduct) was adopted in the 105th Congress (sec.
    15, H. Res. 168, Sept. 18, 1997, p. 19319). In the 106th Congress
    subparagraph (3)(B) was added, and clerical and stylistic changes were
    effected when the House recodified its rules in the same Congress (H.
    Res. 5, Jan. 6, 1999, p. 47). A clerical correction was effected to
    paragraph (m)(1) in the 107th Congress to correct a cross reference
    (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26). Gender-based references
    were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6,
    2009, p. 7). This paragraph was amended in the 112th Congress to reflect
    a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p.
    80).

    [[Page 577]]

      A subpoena issued under this clause need only be signed by the chair
    of the committee or by any member designated by the committee, whereas
    when the House issues an order or warrant the Speaker must under clause
    4 of rule I issue the summons under the Speaker's hand and seal, and it
    must be attested by the Clerk pursuant to clause 2(d) of rule II
    (formerly clause 3 of rule III) (III, 1668; see H. Rept. 96-1078, p.
    22). A statute empowers the chair of the Committee of the Whole, the
    Speaker, chairs of joint, select, or standing committees, and Members to
    administer oaths to witnesses (2 U.S.C. 191; III, 1769).
      Although under this clause the Committee on Ethics may issue subpoenas
    in investigating the conduct of a Member, officer, or employee of the
    House (the extent of the committee's jurisdiction under rule X and
    functions under clause 3 of rule XI), where the House authorizes an
    investigation by that committee of other persons not directly associated
    with the House, the committee's jurisdiction is thereby enlarged and a
    broader subpoena authority must be conferred on the committee (Mar. 3,
    1976, p. 5165). Subparagraph (3)(B) (formerly subparagraph (2)(B)) has
    been interpreted to require authorization by the full House before a
    subcommittee chair could intervene in a lawsuit in order to gain access
    to documents subpoenaed by the subcommittee. In re Beef Industry
    Antitrust Litigation, 589 F.2d 786 (5th Cir. 1979). The authority
    conferred in clause 2(m)(1)(B) to require information ``by subpoena or
    otherwise'' has not been interpreted to authorize depositions or
    interrogatories. Except in the case of the Committee on Oversight and
    Government Reform under clause 4(c) of rule X, such authority must be
    conferred by separate action of the House (see Sec. 749a, supra).

      (n)(1) <> Each standing
    committee, or a subcommittee thereof, shall hold at least one hearing
    during each 120-day period following the establishment of the committee
    on the topic of waste, fraud, abuse, or mismanagement in Government
    programs which that committee may authorize.
      (2) A hearing described in subparagraph (1) shall include a focus on
    the most egregious instances of waste, fraud, abuse, or mismanagement as
    documented by any report the committee has received from a Federal
    Office of the Inspector General or the Comptroller General of the United
    States.

    [[Page 578]]

      (o) Each committee, or a subcommittee thereof, shall hold at least one
    hearing in any session in which the committee has received disclaimers
    of agency financial statements from auditors of any Federal agency that
    the committee may authorize to hear testimony on such disclaimers from
    representatives of any such agency.
      (p) Each standing committee, or a subcommittee thereof, shall hold at
    least one hearing on issues raised by reports issued by the Comptroller
    General of the United States indicating that Federal programs or
    operations that the committee may authorize are at high risk for waste,
    fraud, and mismanagement, known as the ``high-risk list'' or the ``high-
    risk series.''

      Paragraphs (n), (o), and (p) were added in the 111th Congress (H. Res.
    40, Jan. 14, 2009, p. 575).

    Committee on Ethics
      3. (a) The <> Committee on
    Ethics has the following functions:
          (1) The committee may recommend to the House from time to time
    such administrative actions as it may consider appropriate to establish
    or enforce standards of official conduct for Members, Delegates, the
    Resident Commissioner, officers, and employees of the House. A letter of
    reproval or other administrative action of the committee pursuant to an
    investigation under subparagraph (2) shall only be issued or implemented
    as a part of a report required by such subparagraph.

    [[Page 579]]

          (2) The committee may investigate, subject to paragraph (b), an
    alleged violation by a Member, Delegate, Resident Commissioner, officer,
    or employee of the House of the Code of Official Conduct or of a law,
    rule, regulation, or other standard of conduct applicable to the conduct
    of such Member, Delegate, Resident Commissioner, officer, or employee in
    the performance of the duties or the discharge of the responsibilities
    of such individual. After notice and hearing (unless the right to a
    hearing is waived by the Member, Delegate, Resident Commissioner,
    officer, or employee), the committee shall report to the House its
    findings of fact and recommendations, if any, for the final disposition
    of any such investigation and such action as the committee may consider
    appropriate in the circumstances.
          (3) The committee may report to the appropriate Federal or State
    authorities, either with the approval of the House or by an affirmative
    vote of two-thirds of the members of the committee, any substantial
    evidence of a violation by a Member, Delegate, Resident Commissioner,
    officer, or employee of the House, of a law applicable to the
    performance of the duties or the discharge of the responsibilities of
    such individual that may have been disclosed in a committee
    investigation.
          (4) The committee may consider the request of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for an advisory
    opinion with respect to the general

    [[Page 580]]

    propriety of any current or proposed conduct of such Member, Delegate,
    Resident Commissioner, officer, or employee. With appropriate deletions
    to ensure the privacy of the person concerned, the committee may publish
    such opinion for the guidance of other Members, Delegates, the Resident
    Commissioner, officers, and employees of the House.
          (5) The committee may consider the request of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for a written
    waiver in exceptional circumstances with respect to clause 4 of rule
    XXIII.
          (6)(A) The committee shall offer annual ethics training to each
    Member, Delegate, Resident Commissioner, officer, and employee of the
    House. Such training shall--
              (i) involve the classes of employees for whom the committee
    determines such training to be appropriate; and
              (ii) include such knowledge of the Code of Official Conduct
    and related House rules as may be determined appropriate by the
    committee.
          (B)(i) A new Member, Delegate, Resident Commissioner, officer, or
    employee of the House shall receive training under this paragraph not
    later than 60 days after beginning service to the House.
          (ii) Not later than January 31 of each year, each officer and
    employee of the House shall file a certification with the committee that
    the officer or employee attended ethics training in

    [[Page 581]]

    the last year as established by this subparagraph.
      (b)(1)(A) Unless approved by an affirmative vote of a majority of its
    members, the Committee on Ethics may not report a resolution, report,
    recommendation, or advisory opinion relating to the official conduct of
    a Member, Delegate, Resident Commissioner, officer, or employee of the
    House, or, except as provided in subparagraph (2), undertake an
    investigation of such conduct.
      (B)(i) Upon the receipt of information offered as a complaint that is
    in compliance with this rule and the rules of the committee, the chair
    and ranking minority member jointly may appoint members to serve as an
    investigative subcommittee.
      (ii) The chair and ranking minority member of the committee jointly
    may gather additional information concerning alleged conduct that is the
    basis of a complaint or of information offered as a complaint until they
    have established an investigative subcommittee or either of them has
    placed on the agenda of the committee the issue of whether to establish
    an investigative subcommittee.
      (2) Except in the case of an investigation undertaken by the committee
    on its own initiative, the committee may undertake an investigation
    relating to the official conduct of an individual Member, Delegate,
    Resident Commissioner, officer, or employee of the House only--
          (A) upon receipt of information offered as a complaint, in writing
    and under oath, from a

    [[Page 582]]

    Member, Delegate, or Resident Commissioner and transmitted to the
    committee by such Member, Delegate, or Resident Commissioner;
          (B) upon receipt of information offered as a complaint, in writing
    and under oath, from a person not a Member, Delegate, or Resident
    Commissioner provided that a Member, Delegate, or Resident Commissioner
    certifies in writing to the committee that such Member, Delegate, or
    Resident Commissioner believes the information is submitted in good
    faith and warrants the review and consideration of the committee; or
          (C) upon receipt of a report regarding a referral from the board
    of the Office of Congressional Ethics.
    If a complaint is not disposed of within the applicable periods set
    forth in the rules of the Committee on Ethics, the chair and ranking
    minority member shall establish jointly an investigative subcommittee
    and forward the complaint, or any portion thereof, to that subcommittee
    for its consideration. However, if at any time during those periods
    either the chair or ranking minority member places on the agenda the
    issue of whether to establish an investigative subcommittee, then an
    investigative subcommittee may be established only by an affirmative
    vote of a majority of the members of the committee.
      (3) The committee may not undertake an investigation of an alleged
    violation of a law, rule, regulation, or standard of conduct that was
    not

    [[Page 583]]

    in effect at the time of the alleged violation. The committee may not
    undertake an investigation of such an alleged violation that occurred
    before the third previous Congress unless the committee determines that
    the alleged violation is directly related to an alleged violation that
    occurred in a more recent Congress.
      (4) A member of the committee shall be ineligible to participate as a
    member of the committee in a committee proceeding relating to the
    member's official conduct. Whenever a member of the committee is
    ineligible to act as a member of the committee under the preceding
    sentence, the Speaker shall designate a Member, Delegate, or Resident
    Commissioner from the same political party as the ineligible member to
    act in any proceeding of the committee relating to that conduct.
      (5) A member of the committee may seek disqualification from
    participating in an investigation of the conduct of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House upon the
    submission in writing and under oath of an affidavit of disqualification
    stating that the member cannot render an impartial and unbiased decision
    in the case in which the member seeks to be disqualified. If the
    committee approves and accepts such affidavit of disqualification, the
    chair shall so notify the Speaker and request the Speaker to designate a
    Member, Delegate, or Resident Commissioner from the same political party
    as the disqualifying member to

    [[Page 584]]

    act in any proceeding of the committee relating to that case.
      (6) Information or testimony received, or the contents of a complaint
    or the fact of its filing, may not be publicly disclosed by any
    committee or staff member unless specifically authorized in each
    instance by a vote of the full committee.
      (7) The committee shall have the functions designated in titles I and
    V of the Ethics in Government Act of 1978, in sections 7342, 7351, and
    7353 of title 5, United States Code, and in clause 11(g)(4) of rule X.
      (8)(A) Except as provided by subdivisions (B), (C), and (D), not later
    than 45 calendar days or 5 legislative days, whichever is later, after
    receipt of a written report and any findings and supporting
    documentation regarding a referral from the board of the Office of
    Congressional Ethics or of a referral of the matter from the board
    pursuant to a request under paragraph (r), the chair of the Committee on
    Ethics shall make public the written report and findings of the board
    unless the chair and ranking member, acting jointly, decide or the
    committee votes to withhold such information for not more than one
    additional period of the same duration, in which case the chair shall--
          (i) upon the termination of such additional period, make public
    the written report and findings; and
          (ii) upon the day of such decision or vote, make a public
    statement that the matter, relating to the referral made by the board of
    the

    [[Page 585]]

    Office of Congressional Ethics regarding the Member, officer, or
    employee of the House who is the subject of the applicable referral, has
    been extended.
    At least one calendar day before the committee makes public any written
    report and findings of the board, the chair shall notify such board and
    the applicable Member, officer, or employee of that fact and transmit to
    such individual a copy of the statement on the committee's disposition
    of, and any committee report on, the matter.
      (B)(i) Notwithstanding subdivision (A)(i), if the committee votes to
    dismiss a matter which is the subject of a referral from the board of
    the Office of Congressional Ethics, the committee is not required to
    make public the written report and findings described in such
    subdivision unless the committee's vote is inconsistent with the
    recommendation of the board. For purposes of the previous sentence, a
    vote by the committee to dismiss a matter is not inconsistent with a
    report from the board respecting the matter as unresolved due to a tie
    vote.
      (ii) Notwithstanding subdivision (A)(ii), if the board transmits a
    report respecting any matter with a recommendation to dismiss or as
    unresolved due to a tie vote, and the matter is extended for an
    additional period as provided in subdivision (A), the committee is not
    required to make a public statement that the matter has been extended.
      (iii) Except as provided by subdivision (E), if the committee
    establishes an investigative sub

    [[Page 586]]

    committee respecting any such matter, then the report and findings of
    the board shall not be made public until the conclusion of the
    investigative subcommittee process and the committee shall issue a
    public statement of the establishment of an investigative subcommittee,
    which statement shall include the name of the applicable Member,
    officer, or employee, and shall set forth the alleged violation. If any
    such investigative subcommittee does not conclude its review within one
    year after the board transmits a report respecting any matter, then the
    committee shall make public the report and upon the expiration of the
    Congress in which the report is made public, the committee shall make
    public any findings.
      (C)(i) If, after receipt of a written report and any findings and
    supporting documentation regarding a referral from the board of the
    Office of Congressional Ethics or of a referral of the matter from the
    board pursuant to a request under paragraph (r), the committee agrees to
    a request from an appropriate law enforcement or regulatory authority to
    defer taking action on the matter--
          (I) notwithstanding subdivision (A)(i), the committee is not
    required to make public the written report and findings described in
    such subdivision, except that if the recommendation of the board with
    respect to the report is that the matter requires further review, the
    committee shall make public the written report but not the findings; and

    [[Page 587]]

          (II) before the end of the first day (excluding Saturdays,
    Sundays, and public holidays) after the day that the committee agrees to
    the request, the committee shall make a public statement that it is
    deferring taking action on the matter at the request of such authority.
      (ii) If, upon the expiration of the one-year period that begins on the
    date the committee makes the public statement described in item (i)(II),
    the committee has not acted on the matter, the committee shall make a
    new public statement that it is still deferring taking action on the
    matter, and shall make a new statement upon the expiration of each
    succeeding one-year period during which the committee has not acted on
    the matter.
      (D) The committee may not receive any referral from the board of the
    Office of Congressional Ethics within 60 days before a Federal, State,
    or local election in which the subject of the referral is a candidate.
    The committee may delay any reporting requirement under this
    subparagraph that falls within that 60-day period until the end of such
    period and in that case, for purposes of subdivision (A), days within
    the 60-day period shall not be counted.
      (E) If, at the close of any applicable period for a reporting
    requirement under this subparagraph with respect to a referral from the
    board of the Office of Congressional Ethics, the vote of the committee
    is a tie or the committee fails to act, the report and the findings of
    the board shall be made public by the committee, along

    [[Page 588]]

    with a public statement by the chair explaining the status of the
    matter.
      (c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the
    Committee on Ethics or a subcommittee thereof shall occur in executive
    session unless the committee or subcommittee, by an affirmative vote of
    a majority of its members, opens the meeting to the public.
      (2) Notwithstanding clause 2(g)(2) of rule XI, each hearing of an
    adjudicatory subcommittee or sanction hearing of the Committee on Ethics
    shall be held in open session unless the committee or subcommittee, in
    open session by an affirmative vote of a majority of its members, closes
    all or part of the remainder of the hearing on that day to the public.
      (d) Before a member, officer, or employee of the Committee on Ethics,
    including members of a subcommittee of the committee selected under
    clause 5(a)(4) of rule X and shared staff, may have access to
    information that is confidential under the rules of the committee, the
    following oath (or affirmation) shall be executed:
          ``I do solemnly swear (or affirm) that I will not disclose, to any
    person or entity outside the Committee on Ethics, any information
    received in the course of my service with the committee, except as
    authorized by the committee or in accordance with its rules.''
    Copies of the executed oath shall be retained by the Clerk as part of
    the records of the House. This paragraph establishes a standard of
    conduct within the meaning of paragraph (a)(2).

    [[Page 589]]

    Breaches of confidentiality shall be investigated by the Committee on
    Ethics and appropriate action shall be taken.
      (e)(1) If a complaint or information offered as a complaint is deemed
    frivolous by an affirmative vote of a majority of the members of the
    Committee on Ethics, the committee may take such action as it, by an
    affirmative vote of a majority of its members, considers appropriate in
    the circumstances.
      (2) Complaints filed before the One Hundred Fifth Congress may not be
    deemed frivolous by the Committee on Ethics.

      The investigative authority contained in this provision (formerly
    clause 4(e) of rule X) was first conferred upon the committee in the
    90th Congress (H. Res. 1099, Apr. 3, 1968, p. 8802). Effective January
    3, 1975, the former requirement in paragraph (b)(1)(A) (formerly clause
    4(e)(2)(A) of rule X) that not less than seven committee members
    authorize an investigation was changed to permit a majority of the
    committee to provide that authorization (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). That provision was further amended in the 105th
    Congress to permit the chair and ranking minority member, with respect
    to a properly filed complaint, to gather additional information or to
    establish an investigative subcommittee (sec. 11, H. Res. 168, Sept. 18,
    1997, p. 19318). Paragraph (b)(5) (formerly clause 4(e)(2)(E) of rule X)
    was added in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to
    provide a mechanism for a committee member to seek disqualification from
    participating in an investigation, and paragraph (b)(6) (formerly clause
    4(e)(2)(F) of rule X) was added in the 96th Congress (H. Res. 5, Jan.
    15, 1979, p. 8). For an example of a disqualification letter, see
    February 17, 2012, p. _.
      This provision was amended in several particulars by the Ethics Reform
    Act of 1989 (P.L. 101-194): (1) paragraph (a)(1) (formerly clause
    4(e)(1)(A) of rule X) was amended to enable a letter of reproval or
    other administrative action of the committee to be implemented as part
    of a report to the House, with no action required of the House; (2)
    paragraph (a)(2) (formerly clause 4(e)(1)(B) of rule X) was amended to
    require the committee to report to the House its findings of fact and
    any recommendations respecting the final disposition of a matter in
    which it votes to undertake an investigation; (3) a new paragraph (a)(4)
    (formerly clause 4(e)(1)(E) of rule X) was added to empower the
    committee to consider requests that the rule restricting the acceptance
    of gifts be waived in exceptional circumstances; and (4)

    [[Page 590]]

    paragraph (b)(3) (formerly clause 4(e)(2)(C) of rule X) was amended to
    set a general limitation on actions for committee consideration of
    ethics matters.
      In the beginning of the 105th Congress a subparagraph (3) was added at
    the end of former clause 4(e) of rule X to establish a Select Committee
    on Ethics only to resolve a specific inquiry originally undertaken by
    the standing Committee on Standards of Official Conduct in the 104th
    Congress but not concluded (H. Res. 5, Jan. 7, 1997, p. 121). The select
    committee filed one report to the House (H. Rept. 105-1, H. Res. 31,
    Jan. 21, 1997, p. 393). The current form of paragraph (c) (formerly
    clause 4(e)(3) of rule X) was adopted later in the 105th Congress (sec.
    5, H. Res. 168, Sept. 18, 1997, p. 19318).
      Additional amendments to this provision were adopted in the 105th
    Congress as follows: (1) paragraphs (d) and (e) (formerly clauses
    4(e)(4) and 4(e)(5)) were adopted (sec. 6 and sec. 19, H. Res. 168,
    Sept. 18, 1997, pp. 19318, 19320); (2) paragraph (b)(2) (formerly clause
    4(e)(2)(B) of rule X) was amended to address the disposition of a
    complaint after expiration of periods set forth in the committee rules
    and to specify parameters for the filing of complaints by non-Members
    (sec. 11, H. Res. 168, Sept. 18, 1997, p. 19318); and (3) paragraph
    (a)(3) (formerly clause 4(e)(1)(C) of rule X) was amended to permit the
    committee to report to the appropriate authorities substantial evidence
    of a violation of law by an affirmative vote of two-thirds of the
    members of the committee without the approval of the House (sec. 18, H.
    Res. 168, Sept. 18, 1997, p. 19320). Paragraph (a)(5) was amended in the
    107th Congress to reflect the redesignation of a rule (sec. 2(s), H.
    Res. 5, Jan. 3, 2001, p. 24). Paragraph (a)(6) was added in the 110th
    Congress, effective March 1, 2007 (sec. 211, H. Res. 6, Jan. 4, 2007, p.
    19). Paragraphs (b)(2)(C) and (b)(8) were added in the 110th Congress
    (H. Res. 895, Mar. 11, 2008, p. 3471). Gender-based references were
    eliminated in the 111th Congress, and paragraph (b)(5) was amended to
    clarify the disqualification process (sec. 2(l), H. Res. 5, Jan. 6,
    2009, p. 7). Amendments were effected in the 112th Congress to reflect a
    change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80).
    Paragraph (b)(8) was amended in the 113th Congress to clarify the
    circumstances in which certain public statements are not required to be
    made (sec. 2(e)(1), H. Res. 5, Jan. 3, 2013, p. _). Paragraph
    (a)(6)(B)(i) was amended in the 114th Congress to include new Members,
    Delegates, and the Resident Commissioner (sec. 2(g), H. Res. 5, Jan. 6,
    2015, p. _). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 4(e) of rule X and
    paragraph (b)(7) was found in former clause 1(p) of rule X (H. Res. 5,
    Jan. 6, 1999, p. 47).
      In the 110th through 113th Congresses, the House directed the
    committee to empanel an investigative subcommittee upon a Member being
    indicted or otherwise formally charged with criminal conduct, or to
    report to the House if it decides not to so empanel a subcommittee (H.
    Res. 451,

    [[Page 591]]

    June 5, 2007, p. 14605; sec. 4(e), H. Res. 5, Jan. 6, 2009, p. 7; sec.
    4(d), H. Res. 5, Jan. 5, 2011, p. 80; sec. 4(e), H. Res. 5, Jan. 3,
    2013, p. _).
      In the 110th Congress, the House adopted a resolution establishing an
    independent Office of Congressional Ethics to investigate individually-
    initiated alleged ethics violations and to report its recommendations to
    the committee (Mar. 11, 2008, p. 3741). The House re-established the
    office in the 111th and 112th Congresses with a modification on its
    authority to engage consultants (sec. 4(d), H. Res. 5, Jan. 6, 2009, p.
    12; sec. 4(c), H. Res. 5, Jan. 5, 2011, p. 80), in the 113th Congress
    with a further modification to the term limits of the governing board
    (sec. 4(d), H. Res. 5, Jan. 3, 2013, p. _), and in the 114th Congress
    with further modifications regarding representation by counsel and
    prohibiting any action that would deny any person a constitutional right
    (sec. 4(d), H. Res. 5, Jan. 6, 2015, p. _).

    Committee agendas
      (f) <> The committee shall
    adopt rules providing that the chair shall establish the agenda for
    meetings of the committee, but shall not preclude the ranking minority
    member from placing any item on the agenda.
    Committee staff
      (g)(1) The committee shall adopt rules providing that--
          (A) the staff be assembled and retained as a professional,
    nonpartisan staff;
          (B) each member of the staff shall be professional and
    demonstrably qualified for the position for which hired;
          (C) the staff as a whole and each member of the staff shall
    perform all official duties in a nonpartisan manner;
          (D) no member of the staff shall engage in any partisan political
    activity directly affecting any congressional or presidential election;

    [[Page 592]]

          (E) no member of the staff or outside counsel may accept public
    speaking engagements or write for publication on any subject that is in
    any way related to the employment or duties with the committee of such
    individual without specific prior approval from the chair and ranking
    minority member; and
          (F) no member of the staff or outside counsel may make public,
    unless approved by an affirmative vote of a majority of the members of
    the committee, any information, document, or other material that is
    confidential, derived from executive session, or classified and that is
    obtained during the course of employment with the committee.
      (2) Only subdivisions (C), (E), and (F) of subparagraph (1) shall
    apply to shared staff.
      (3)(A) All staff members shall be appointed by an affirmative vote of
    a majority of the members of the committee. Such vote shall occur at the
    first meeting of the membership of the committee during each Congress
    and as necessary during the Congress.
      (B) Subject to the approval of the Committee on House Administration,
    the committee may retain counsel not employed by the House of
    Representatives whenever the committee determines, by an affirmative
    vote of a majority of the members of the committee, that the retention
    of outside counsel is necessary and appropriate.
      (C) If the committee determines that it is necessary to retain staff
    members for the purpose of

    [[Page 593]]

    a particular investigation or other proceeding, then such staff shall be
    retained only for the duration of that particular investigation or
    proceeding.
      (D) Outside counsel may be dismissed before the end of a contract
    between the committee and such counsel only by an affirmative vote of a
    majority of the members of the committee.
      (4) In addition to any other staff provided for by law, rule, or other
    authority, with respect to the committee, the chair and ranking minority
    member each may appoint one individual as a shared staff member from the
    respective personal staff of the chair or ranking minority member to
    perform service for the committee. Such shared staff may assist the
    chair or ranking minority member on any subcommittee on which the chair
    or ranking minority member serves.
    Meetings and hearings
      (h) The committee shall adopt rules providing that--
          (1) all meetings or hearings of the committee or any subcommittee
    thereof, other than any hearing held by an adjudicatory subcommittee or
    any sanction hearing held by the committee, shall occur in executive
    session unless the committee or subcommittee by an affirmative vote of a
    majority of its members opens the meeting or hearing to the public; and

    [[Page 594]]

          (2) any hearing held by an adjudicatory subcommittee or any
    sanction hearing held by the committee shall be open to the public
    unless the committee or subcommittee by an affirmative vote of a
    majority of its members closes the hearing to the public.
    Public disclosure
      (i) The committee shall adopt rules providing that, unless otherwise
    determined by a vote of the committee, only the chair or ranking
    minority member, after consultation with each other, may make public
    statements regarding matters before the committee or any subcommittee
    thereof.
    Requirements to constitute a complaint
      (j) The committee shall adopt rules regarding complaints to provide
    that whenever information offered as a complaint is submitted to the
    committee, the chair and ranking minority member shall have 14 calendar
    days or five legislative days, whichever is sooner, to determine whether
    the information meets the requirements of the rules of the committee for
    what constitutes a complaint.
    Duties of chair and ranking minority member regarding properly filed
            complaints
      (k)(1) The committee shall adopt rules providing that whenever the
    chair and ranking minority member jointly determine that information
    submitted to the committee meets the requirements of the rules of the
    committee for what constitutes a complaint, they shall have 45

    [[Page 595]]

    calendar days or five legislative days, whichever is later, after that
    determination (unless the committee by an affirmative vote of a majority
    of its members votes otherwise) to--
          (A) recommend to the committee that it dispose of the complaint,
    or any portion thereof, in any manner that does not require action by
    the House, which may include dismissal of the complaint or resolution of
    the complaint by a letter to the Member, officer, or employee of the
    House against whom the complaint is made;
          (B) establish an investigative subcommittee; or
          (C) request that the committee extend the applicable 45-calendar
    day or five-legislative day period by one additional 45-calendar day
    period when they determine more time is necessary in order to make a
    recommendation under subdivision (A).
      (2) The committee shall adopt rules providing that if the chair and
    ranking minority member jointly determine that information submitted to
    the committee meets the requirements of the rules of the committee for
    what constitutes a complaint, and the complaint is not disposed of
    within the applicable time periods under subparagraph (1), then they
    shall establish an investigative subcommittee and forward the complaint,
    or any portion thereof, to that subcommittee for its consideration.
    However, if, at any time during those periods, either the chair or
    ranking minority member places on the agen

    [[Page 596]]

    da the issue of whether to establish an investigative subcommittee, then
    an investigative subcommittee may be established only by an affirmative
    vote of a majority of the members of the committee.
    Duties of chair and ranking minority member regarding information not
            constituting a complaint
      (l) The committee shall adopt rules providing that whenever the chair
    and ranking minority member jointly determine that information submitted
    to the committee does not meet the requirements of the rules of the
    committee for what constitutes a complaint, they may--
          (1) return the information to the complainant with a statement
    that it fails to meet the requirements of the rules of the committee for
    what constitutes a complaint; or
          (2) recommend to the committee that it authorize the establishment
    of an investigative subcommittee.
    Investigative and adjudicatory subcommittees
      (m) The committee shall adopt rules providing that--
          (1)(A) an investigative subcommittee shall be composed of four
    Members (with equal representation from the majority and minority
    parties) whenever such a subcommittee is established pursuant to the
    rules of the committee;

    [[Page 597]]

          (B) an adjudicatory subcommittee shall be composed of the members
    of the committee who did not serve on the pertinent investigative
    subcommittee (with equal representation from the majority and minority
    parties) whenever such a subcommittee is established pursuant to the
    rules of the committee; and
          (C) notwithstanding any other provision of this clause, the chair
    and ranking minority member of the committee may consult with an
    investigative subcommittee either on their own initiative or on the
    initiative of the subcommittee, shall have access to information before
    a subcommittee with which they so consult, and shall not thereby be
    precluded from serving as full, voting members of any adjudicatory
    subcommittee;
          (2) at the time of appointment, the chair shall designate one
    member of a subcommittee to serve as chair and the ranking minority
    member shall designate one member of the subcommittee to serve as the
    ranking minority member; and
          (3) the chair and ranking minority member of the committee may
    serve as members of an investigative subcommittee, but may not serve as
    non-voting, ex officio members.
    Standard of proof for adoption of statement of alleged violation
      (n) The committee shall adopt rules to provide that an investigative
    subcommittee may adopt a statement of alleged violation only if it
    determines by an affirmative vote of a majority of the

    [[Page 598]]

    members of the subcommittee that there is substantial reason to believe
    that a violation of the Code of Official Conduct, or of a law, rule,
    regulation, or other standard of conduct applicable to the performance
    of official duties or the discharge of official responsibilities by a
    Member, officer, or employee of the House of Representatives, has
    occurred.
    Subcommittee powers
      (o)(1) The committee shall adopt rules providing that an investigative
    subcommittee or an adjudicatory subcommittee may authorize and issue
    subpoenas only when authorized by an affirmative vote of a majority of
    the members of the subcommittee.
      (2) The committee shall adopt rules providing that an investigative
    subcommittee may, upon an affirmative vote of a majority of its members,
    expand the scope of its investigation when approved by an affirmative
    vote of a majority of the members of the committee.
      (3) The committee shall adopt rules to provide that--
          (A) an investigative subcommittee may, upon an affirmative vote of
    a majority of its members, amend its statement of alleged violation
    anytime before the statement of alleged violation is transmitted to the
    committee; and
          (B) if an investigative subcommittee amends its statement of
    alleged violation, the respondent shall be notified in writing and shall
    have 30 calendar days from the date of that notifi

    [[Page 599]]

    cation to file an answer to the amended statement of alleged violation.
    Due process rights of respondents
      (p) The committee shall adopt rules to provide that--
          (1) not less than 10 calendar days before a scheduled vote by an
    investigative subcommittee on a statement of alleged violation, the
    subcommittee shall provide the respondent with a copy of the statement
    of alleged violation it intends to adopt together with all evidence it
    intends to use to prove those charges which it intends to adopt,
    including documentary evidence, witness testimony, memoranda of witness
    interviews, and physical evidence, unless the subcommittee by an
    affirmative vote of a majority of its members decides to withhold
    certain evidence in order to protect a witness; but if such evidence is
    withheld, the subcommittee shall inform the respondent that evidence is
    being withheld and of the count to which such evidence relates;
          (2) neither the respondent nor the counsel of the respondent
    shall, directly or indirectly, contact the subcommittee or any member
    thereof during the period of time set forth in paragraph (1) except for
    the sole purpose of settlement discussions where counsel for the
    respondent and the subcommittee are present;
          (3) if, at any time after the issuance of a statement of alleged
    violation, the committee or any subcommittee thereof determines that

    [[Page 600]]

    it intends to use evidence not provided to a respondent under paragraph
    (1) to prove the charges contained in the statement of alleged violation
    (or any amendment thereof), such evidence shall be made immediately
    available to the respondent, and it may be used in any further
    proceeding under the rules of the committee;
          (4) evidence provided pursuant to paragraph (1) or (3) shall be
    made available to the respondent and the counsel of the respondent only
    after each agrees, in writing, that no document, information, or other
    materials obtained pursuant to that paragraph shall be made public
    until--
              (A) such time as a statement of alleged violation is made
    public by the committee if the respondent has waived the adjudicatory
    hearing; or
              (B) the commencement of an adjudicatory hearing if the
    respondent has not waived an adjudicatory hearing;
        but the failure of respondent and the counsel of the respondent to
    so agree in writing, and their consequent failure to receive the
    evidence, shall not preclude the issuance of a statement of alleged
    violation at the end of the period referred to in paragraph (1);
          (5) a respondent shall receive written notice whenever--
              (A) the chair and ranking minority member determine that
    information the committee has received constitutes a complaint;

    [[Page 601]]

              (B) a complaint or allegation is transmitted to an
    investigative subcommittee;
              (C) an investigative subcommittee votes to authorize its first
    subpoena or to take testimony under oath, whichever occurs first; or
              (D) an investigative subcommittee votes to expand the scope of
    its investigation;
          (6) whenever an investigative subcommittee adopts a statement of
    alleged violation and a respondent enters into an agreement with that
    subcommittee to settle a complaint on which that statement is based,
    that agreement, unless the respondent requests otherwise, shall be in
    writing and signed by the respondent and respondent's counsel, the chair
    and ranking minority member of the subcommittee, and the outside
    counsel, if any;
          (7) statements or information derived solely from a respondent or
    the counsel of a respondent during any settlement discussions between
    the committee or a subcommittee thereof and the respondent shall not be
    included in any report of the subcommittee or the committee or otherwise
    publicly disclosed without the consent of the respondent; and
          (8) whenever a motion to establish an investigative subcommittee
    does not prevail, the committee shall promptly send a letter to the
    respondent informing the respondent of such vote.

    [[Page 602]]

    Committee reporting requirements
      (q) The committee shall adopt rules to provide that--
          (1) whenever an investigative subcommittee does not adopt a
    statement of alleged violation and transmits a report to that effect to
    the committee, the committee may by an affirmative vote of a majority of
    its members transmit such report to the House of Representatives;
          (2) whenever an investigative subcommittee adopts a statement of
    alleged violation, the respondent admits to the violations set forth in
    such statement, the respondent waives the right to an adjudicatory
    hearing, and the respondent's waiver is approved by the committee--
              (A) the subcommittee shall prepare a report for transmittal to
    the committee, a final draft of which shall be provided to the
    respondent not less than 15 calendar days before the subcommittee votes
    on whether to adopt the report;
              (B) the respondent may submit views in writing regarding the
    final draft to the subcommittee within seven calendar days of receipt of
    that draft;
              (C) the subcommittee shall transmit a report to the committee
    regarding the statement of alleged violation together with any views
    submitted by the respondent pursuant to subdivision (B), and the
    committee shall make the report together with the respond

    [[Page 603]]

    ent's views available to the public before the commencement of any
    sanction hearing; and
              (D) the committee shall by an affirmative vote of a majority
    of its members issue a report and transmit such report to the House of
    Representatives, together with the respondent's views previously
    submitted pursuant to subdivision (B) and any additional views
    respondent may submit for attachment to the final report; and
          (3) members of the committee shall have not less than 72 hours to
    review any report transmitted to the committee by an investigative
    subcommittee before both the commencement of a sanction hearing and the
    committee vote on whether to adopt the report.
      (r) Upon receipt of any written notification from the board of the
    Office of Congressional Ethics that the board is undertaking a review of
    any alleged conduct of any Member, officer, or employee of the House and
    if the committee is investigating such matter, the committee may at any
    time so notify the board and request that the board cease its review and
    refer the matter to the committee for its consideration. If at the end
    of the applicable time period (including any permissible extension) the
    committee has not reached a final resolution of the matter or has not
    referred the matter to the appropriate Federal or State authorities, the
    committee shall so notify the board of the Office of Congressional
    Ethics in writing. The committee may not re

    [[Page 604]]

    quest the same matter from the board more than one time.
      (s) The committee may not take any action that would deny any person
    any right or protection provided under the Constitution of the United
    States.

      In the 105th Congress a 12-member bipartisan task force was informally
    appointed by the Majority and Minority Leaders to conduct a
    comprehensive review of the House ethics process. At the same time an
    order of the House was adopted imposing a moratorium on filing or
    processing ethics complaints and on raising certain questions of
    privilege under rule IX with respect to official conduct. The moratorium
    was imposed with the expectation that the recommendations of the task
    force would include changes relating to the Committee on Standards of
    Official Conduct (now Ethics) and the process by which the House
    enforces standards of official conduct (Feb. 12, 1997, p. 2058). The
    moratorium was extended through September 10, 1997 (July 30, 1997, p.
    16958). On September 18, 1997, the House adopted the recommendations of
    the task force with certain amendments (H. Res. 168, 105th Cong., p.
    19340), which included not only changes to the standing Rules of the
    House but also free-standing directives to the Committee on Standards of
    Official Conduct, which were reaffirmed for the 106th Congress (sec.
    2(c), H. Res. 5, Jan. 6, 1999, p. 47) and again for the 107th Congress
    with an exception to section 13 (sec. 3(a), H. Res. 5, Jan. 3, 2001, p.
    24). In the 108th Congress the pertinent free-standing provisions were
    codified (including the exception to section 13 added in the 107th
    Congress) as new paragraphs (f) through (q) of clause 3 (sec. 2(h), H.
    Res. 5, Jan. 7, 2003, p. 7). On the opening day of the 109th Congress,
    various changes were made to paragraphs (b), (k), (p), and (q) (sec.
    2(k), H. Res. 5, Jan. 4, 2005, p. 43). Later in the 109th Congress,
    those changes were redacted and the affected provisions as they existed
    at the close of the 108th Congress were reinstated (H. Res. 240, Apr.
    27, 2005, p. 8045). Paragraph (r) was added in the 110th Congress (H.
    Res. 895, Mar. 11, 2008, p. 3741). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). A technical amendment to paragraph (o)(2) was effected in the 112th
    Congress (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. 80). An erroneous
    designation in paragraph (h) was corrected in the 113th Congress (sec.
    2(f), H. Res. 5, Jan. 3, 2013, p. _). Paragraph (s) was added in the
    114th Congress (sec. 2(a)(10), H. Res. 5, Jan. 6, 2015, p. _).
      Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 4711) contains
    several free-standing provisions, which are carried in this annotation.
    The requirement that the respective party caucuses nominate seven
    majority and seven minority members should be read in light of clause 5
    of rule X, setting the composition of the committee at 10, five from the
    majority

    [[Page 605]]

    and five from the minority. The requirement that the committee adopt
    rules establishing investigative and adjudicative subcommittees should
    be read in light of clause 3(m), which constitutes the same requirement.
    The references to clause 5(d) of rule XI applied to a former rule
    regarding minority staffing requirements, which was eliminated in the
    104th Congress (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462).

                                   __________

     ``Sec. 803. Reforms Respecting the Committee on Standards of Official
                                   Conduct.--

                                      * * *

      ``(b) committee composition.--The respective party caucus or
    conference of the House of Representatives shall each nominate to the
    House of Representatives at the beginning of each Congress 7 members to
    serve on the Committee on Standards of Official Conduct.

      ``(c) investigative subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--
              ``(1) for the establishment of a 4 or 6-member investigative
            subcommittee (with equal representation from the majority and
            minority parties) whenever the committee votes to undertake any
            investigation;
              ``(2) that the senior majority and minority members on an
            investigative subcommittee shall serve as the chairman and
            ranking minority member of the subcommittee; and
              ``(3) that the chairman and ranking minority member of the
            full committee may only serve as non-voting, ex officio members
            on an investigative subcommittee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any investigative subcommittee.

      ``(d) adjudicatory subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--
              ``(1) that upon the completion of an investigation, an
            investigative subcommittee shall report its findings and
            recommendations to the committee;
              ``(2) that, if an investigative subcommittee by majority vote
            of its membership adopts a statement of alleged violation, the
            remaining members of the committee shall comprise an
            adjudicatory subcommittee to hold a disciplinary hearing on the
            violation alleged in the statement;
              ``(3) that any statement of alleged violation and any written
            response thereto shall be made public at the first meeting or
            hearing on the matter which is open to the public after the
            respondent has been given full opportunity to respond to the
            statement in accordance with committee rules, but, if no public
            hearing or meeting is held on the matter, the statement of
            alleged violation and any writ

    [[Page 606]]

            ten response thereto shall be included in the committee's final
            report to the House of Representatives as required by clause
            4(e)(1)(B) of rule X of the Rules of the House of
            Representatives;
              ``(4) that a quorum for an adjudicatory subcommittee for the
            purpose of taking testimony and conducting any business shall
            consist of a majority of the membership of the subcommittee plus
            one; and
              ``(5) that an adjudicatory subcommittee shall determine, after
            receiving evidence, whether the counts in the statement have
            been proved and shall report its findings to the committee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any adjudicatory subcommittee.

                                      * * *

      ``(i) advice and education.--(1) The Committee on Standards of
    Official Conduct shall establish within the Committee an Office on
    Advice and Education (hereinafter in this subsection referred to as the
    `Office') under the supervision of the chairman.
              ``(2) The Office shall be headed by a director who shall be
            appointed by the chairman, in consultation with the ranking
            minority member, and shall be comprised of such staff as the
            chairman determines is necessary to carry out the
            responsibilities of the Office.
              ``(3) The primary responsibilities of the Office shall
            include:
                      ``(A) Providing information and guidance to Members,
                    officers and employees of the House regarding any laws,
                    rules, regulations, and other standards of conduct
                    applicable to such individuals in their official
                    capacities, and any interpretations and advisory
                    opinions of the committee.
                      ``(B) Submitting to the chairman and ranking minority
                    member of the committee any written request from any
                    such Member, officer or employee for an interpretation
                    of applicable laws, rules, regulations, or other
                    standards of conduct, together with any recommendations
                    thereon.
                      ``(C) Recommending to the committee for its
                    consideration formal advisory opinions of general
                    applicability.
                      ``(D) Developing and carrying out, subject to the
                    approval of the chairman, periodic educational briefings
                    for Members, officers and employees of the House on
                    those laws, rules, regulations, or other standards of
                    conduct applicable to them.
              ``(4) No information provided to the Committee on Standards of
            Official Conduct by a Member, officer or employee of the House
            of Representatives when seeking advice regarding prospective
            conduct of such Member, officer or employee may be used as the
            basis for initiating an investigation under clause 4(e)(1)(B) of
            rule X of the Rules of the House of Representatives, if such
            Member, officer or employee acts in accordance with the written
            advice of the committee.''.

    [[Page 607]]

                                   __________

      On occasions in which the House has directed the committee to conduct
    specific investigations by separate resolution, it has authorized the
    committee to take depositions with one member present, notwithstanding
    clause 2(h) of rule XI, to serve subpoenas, to participate by special
    counsel in relevant judicial proceedings (see H. Res. 252, 95th Cong.,
    Feb. 9, 1977, pp. 3966-75; H. Res. 608, Mar. 27, 1980, pp. 6995-98; H.
    Res. 254, June 30, 1983, p. 18279), and to investigate persons other
    than Members, officers and employees with expanded subpoena authority
    (see H. Res. 1054, 94th Cong., Mar. 3, 1976, pp. 5165-68). By unanimous
    consent the committee was authorized to receive evidence and take
    testimony before a quorum of one of its members for the remainder of the
    second session of the 100th Congress (Oct. 13, 1988, p. 30467). By
    resolutions considered as questions of the privileges of the House, the
    committee has been directed to investigate illegal solicitation of
    political contributions in the House Office Building by unnamed sitting
    Members (July 10, 1985, p. 18397); to review GAO audits of the
    operations of the ``bank'' in the Office of the Sergeant-at-Arms (Oct.
    3, 1991, p. 25435), to disclose the names and pertinent account
    information of Members and former Members found to have abused the
    privileges of that entity (Mar. 12, 1992, p. 5519), and to disclose
    further account information respecting Members and former Members having
    checks held by that entity (Mar. 12, 1992, p. 5534); and to investigate
    violations of confidentiality by staff engaged in the investigation of
    the operation and management of the Office of the Postmaster (July 22,
    1992, p. 18786). In compliance with one such direction of the House, the
    acting chair of the Committee on Standards of Official Conduct (now
    Ethics) inserted in the Record names and pertinent account information
    of Members and former Members found to have abused the privileges of the
    ``bank'' in the Office of the Sergeant-at-Arms (H. Res. 393, Apr. 1,
    1992, p. 7888). In the 106th Congress the chair of the Committee on
    Standards of Official Conduct inserted in the Record an explanation of
    the committee's amendment to committee rule 20(f) to reflect that the
    full committee retains discretion whether to report to the House that an
    investigative subcommittee has not adopted a statement of alleged
    violation (Apr. 13, 2000, p. 5631).
      Under clause 3(b)(4) (formerly clause 4(e)(2)(D) of rule X), a member
    of the Committee on Ethics is ineligible to participate in a committee
    proceeding relating to that member's official conduct. Upon notification
    to the Speaker of such ineligibility, the Speaker designates another
    Member of the same political party as the ineligible member to serve on
    the committee during proceedings relating to that conduct (Speaker
    O'Neill, Feb. 5, 1980, p. 1908; July 23, 1996, p. 18596). Under clause
    3(b)(5) (formerly clause 4(e)(2)(E) of rule X), a member of the
    committee may be recused from serving on the committee during
    proceedings relating to a pending investigation by submitting an
    affidavit of disqualification to the committee stating that the member
    cannot render an impartial and unbiased decision relating to that
    investigation. If the committee accepts the affidavit, the

    [[Page 608]]

    chair notifies the Speaker and requests the Speaker to designate another
    Member from the same political party as the disqualified member to serve
    on the committee during proceedings relating to that investigation
    (Speaker O'Neill, Mar. 18, 1980, p. 5752; Feb. 17, 2012, p. _).
      The committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (110th Cong., 2d Sess.). In the Manual, the
    committee incorporates its advisory opinions issued under clause 3(a)(4)
    (formerly clause 4(e)(1)(D) of rule X), together with advisory opinions
    issued by the former Select Committee on Ethics, in its discussions of
    various ethical issues, including gifts, outside income, financial
    disclosure, staff rights and duties, official allowances and franking,
    casework considerations, campaign financing and practices, and
    involvement with official and unofficial organizations. The committee is
    required to issue interpretive guidance regarding the prohibition on use
    of nonpublic information for private profit (sec. 3, P.L. 112-105).

    Audio and visual coverage of committee proceedings
      4. <> (a) The purpose
    of this clause is to provide a means, in conformity with acceptable
    standards of dignity, propriety, and decorum, by which committee
    hearings or committee meetings that are open to the public may be
    covered by audio and visual means--
          (1) for the education, enlightenment, and information of the
    general public, on the basis of accurate and impartial news coverage,
    regarding the operations, procedures, and practices of the House as a
    legislative and representative body, and regarding the measures, public
    issues, and other matters before the House and its committees, the
    consideration thereof, and the action taken thereon; and
          (2) for the development of the perspective and understanding of
    the general public with respect to the role and function of the House

    [[Page 609]]

    under the Constitution as an institution of the Federal Government.
      (b) In addition, it is the intent of this clause that radio and
    television tapes and television film of any coverage under this clause
    may not be used for any partisan political campaign purpose or be made
    available for such use.
      (c) It is, <> further, the intent of
    this clause that the general conduct of each meeting (whether of a
    hearing or otherwise) covered under authority of this clause by audio or
    visual means, and the personal behavior of the committee members and
    staff, other Government officials and personnel, witnesses, television,
    radio, and press media personnel, and the general public at the hearing
    or other meeting, shall be in strict conformity with and observance of
    the acceptable standards of dignity, propriety, courtesy, and decorum
    traditionally observed by the House in its operations, and may not be
    such as to--
          (1) distort the objects and purposes of the hearing or other
    meeting or the activities of committee members in connection with that
    hearing or meeting or in connection with the general work of the
    committee or of the House; or
          (2) cast discredit or dishonor on the House, the committee, or a
    Member, Delegate, or Resident Commissioner or bring the House, the
    committee, or a Member, Delegate, or Resident Commissioner into
    disrepute.

    [[Page 610]]

      (d) The coverage of committee hearings and meetings by audio and
    visual means shall be permitted and conducted only in strict conformity
    with the purposes, provisions, and requirements of this clause.
      (e) Whenever <> a hearing or meeting
    conducted by a committee or subcommittee is open to the public, those
    proceedings shall be open to coverage by audio and visual means. A
    committee or subcommittee chair may not limit the number of television
    or still cameras to fewer than two representatives from each medium
    (except for legitimate space or safety considerations, in which case
    pool coverage shall be authorized).
      (f) Written <> rules adopted by each
    committee pursuant to clause 2(a)(1)(D) shall contain provisions to the
    following effect:
          (1) If audio or visual coverage of the hearing or meeting is to be
    presented to the public as live coverage, that coverage shall be
    conducted and presented without commercial sponsorship.
          (2) The allocation among the television media of the positions or
    the number of television cameras permitted by a committee or
    subcommittee chair in a hearing or meeting room shall be in accordance
    with fair and equitable procedures devised by the Executive Committee of
    the Radio and Television Correspondents' Galleries.

    [[Page 611]]

          (3) Television cameras shall be placed so as not to obstruct in
    any way the space between a witness giving evidence or testimony and any
    member of the committee or the visibility of that witness and that
    member to each other.
          (4) Television cameras shall operate from fixed positions but may
    not be placed in positions that obstruct unnecessarily the coverage of
    the hearing or meeting by the other media.
          (5) Equipment necessary for coverage by the television and radio
    media may not be installed in, or removed from, the hearing or meeting
    room while the committee is in session.
          (6)(A) Except as provided in subdivision (B), floodlights,
    spotlights, strobelights, and flash-
    guns may not be used in providing any method of coverage of the hearing
    or meeting.
          (B) The television media may install additional lighting in a
    hearing or meeting room, without cost to the Government, in order to
    raise the ambient lighting level in a hearing or meeting room to the
    lowest level necessary to provide adequate television coverage of a
    hearing or meeting at the current state of the art of television
    coverage.
          (7) If requests are made by more of the media than will be
    permitted by a committee or subcommittee chair for coverage of a hearing
    or meeting by still photography, that coverage shall be permitted on the
    basis of a fair

    [[Page 612]]

    and equitable pool arrangement devised by the Standing Committee of
    Press Photographers.
          (8) <> Photographers may not
    position themselves between the witness table and the members of the
    committee at any time during the course of a hearing or meeting.
          (9) Photographers may not place themselves in positions that
    obstruct unnecessarily the coverage of the hearing by the other media.
          (10) Personnel providing coverage by the television and radio
    media shall be currently accredited to the Radio and Television
    Correspondents' Galleries.
          (11) <> Personnel providing
    coverage by still photography shall be currently accredited to the Press
    Photographers' Gallery.
          (12) Personnel providing coverage by the television and radio
    media and by still photography shall conduct themselves and their
    coverage activities in an orderly and unobtrusive manner.

      The rule permitting broadcasting of committee hearings was contained
    in section 116(b) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). In the 93d Congress, the rule was amended to
    permit committees to adopt rules allowing coverage of committee meetings
    as well as hearings (H. Res. 1107, July 22, 1974, p. 24447). Paragraphs
    (e), (f)(3), (f)(5), and (f)(8) of this clause were amended in the 99th
    Congress to remove the limit on the number of television cameras
    (previously four) and press photographers (previously five) covering
    committee proceedings, and to provide the committee or subcommittee
    chair with the discretion to determine the appropriate number (H. Res.
    7, Jan. 3, 1985, p. 393). At the beginning of the 104th Congress
    paragraph (d) was amended to delete the former characterization of
    broadcast and photographic coverage of committee meetings and hearings
    as ``a privilege made available by the House,''

    [[Page 613]]

    and paragraph (e) was amended to eliminate the requirement that a
    committee vote to permit broadcast and photographic coverage of open
    hearings and meetings and to prohibit chairs from limiting coverage to
    less than two representatives from each medium, except if space or
    safety considerations warrant pool coverage (sec. 105, H. Res. 6, Jan.
    4, 1995, p. 463). Later in the 104th Congress this clause was again
    amended to make conforming changes in its heading and in paragraph (f)
    (H. Res. 254, Nov. 30, 1995, p. 35077). Former clause 4(f)(2),
    permitting a witness to terminate audio and visual (including
    photographic) coverage, was eliminated in the 105th Congress (H. Res.
    301, Nov. 12, 1997, p. 26041). Gender-based references were eliminated
    in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
    Paragraph (f)(7) was amended in the 112th Congress to remove obsolete
    references to news organizations (sec. 2(e)(3), H. Res. 5, Jan. 5, 2011,
    p. 80). The requirement that committees adopt rules implementing this
    clause was transferred from clause 4(f) to clause 2(a)(1) in the 114th
    Congress (sec. 2(a)(6), H. Res. 5, Jan. 6, 2015, p. _). Paragraph (b)
    was amended in the 114th Congress to conform the restriction on use of
    coverage to clause 2(c)(1) of rule V (sec. 2(a)(7), H. Res. 5, Jan. 6,
    2015, p. _). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 3 of rule XI (H.
    Res. 5, Jan. 6, 1999, p. 47).

    Pay of witnesses
      5. <> Witnesses appearing before the House or any of its
    committees shall be paid the same per diem rate as established,
    authorized, and regulated by the Committee on House Administration for
    Members, Delegates, the Resident Commissioner, and employees of the
    House, plus actual expenses of travel to or from the place of
    examination. Such per diem may not be paid when a witness has been
    summoned at the place of examination.

      This clause (formerly rule XXXV) was adopted in 1872, with amendments
    in 1880 (III, 1825), 1930 (VI, 393), and on April 19, 1955 (p. 4722),
    August 12, 1969 (H. Res. 495, 91st Cong., p. 23355), and July 28, 1975
    (H. Res. 517, 94th Cong. p. 25258). The last amendment eliminated the
    specific per diem and travel rate of reimbursement and allowed actual
    travel costs and per diem for witnesses requested or subpoenaed to
    appear at the same rate as established by the Committee on House
    Administration for Mem

    [[Page 614]]

    bers and employees. In the 104th and 106th Congresses it was amended to
    conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan.
    4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former rule XXXV (H. Res. 5, Jan. 6, 1999, p. 47). For further
    provisions relating to witnesses, see clauses 2(j) and (k) of rule XI
    (Sec. Sec. 802-803, supra).
      Regulations of the Committee on House Administration do not permit per
    diem reimbursement for witnesses. Regulations for reimbursement of
    actual travel costs may be found in the Committees' Congressional
    Handbook, Committee on House Administration, under the section entitled
    ``Hearings and Meetings.''

    Unfinished business of the session
      6. All business <> of the House at the end of one session shall be resumed at
    the commencement of the next session of the same Congress in the same
    manner as if no adjournment had taken place.

      At first the Congress attempted to follow the rule of the English
    Parliament that business unfinished in one session should begin anew at
    the next; but in 1818, after an investigation of a joint committee in
    1816, a rule was adopted that House bills remaining undetermined in the
    House should be continued at the next session after six days. This rule
    did not reach House bills sent to the Senate; but in 1848 the two Houses
    remedied this omission by a joint rule. Business referred to committees
    of the House was still subject to the old rule of Parliament; but in
    1860 the present rule was adopted as a supplement to the rule of 1818.
    In 1890, desiring to do away with the limitation of the six days and
    apparently overlooking the main purpose of the rule of 1818, the House
    rescinded that limitation. Also, in 1876 the joint rules were abrogated,
    leaving no provision, except the headline of the rule, for the
    continuance of business not before committees. The practice, however,
    had become so well established that no question has ever been raised (V,
    6727). Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXVI (H. Res. 5, Jan. 6, 1999, p.
    47).
      The business of conferences between the two Houses is not interrupted
    by an adjournment of a session that does not terminate the Congress (V,
    6260-6262), and if one House asks a conference at one session the other
    may agree to it in the next session (V, 6286). Where bills were enrolled
    and signed by the presiding officers of the two Houses at the close of
    one session they were sent to the President and approved at the
    beginning of the next session (IV, 3486-3488).

     end segment .008  deg. segment .009 -- rule XII
    through rule XIV  deg.
    [[Page 615]]

                                    Rule XII

                  receipt and referral of measures and matters

    Messages
      1. <> Messages received from the Senate, or from the President,
    shall be entered on the Journal and published in the Congressional
    Record of the proceedings of that day.

      This provision was adopted in 1867 and amended in 1880 (V, 6593). It
    was renumbered January 3, 1953 (p. 24). Before the House recodified its
    rules in the 106th Congress, this provision was found in former rule
    XXXIX (H. Res. 5, Jan. 6, 1999, p. 47).
      The House may receive a message from the Senate when the Senate is not
    in session (VIII, 3338).

    Referral
      2. <> (a) The Speaker shall refer
    each bill, resolution, or other matter that relates to a subject listed
    under a standing committee named in clause 1 of rule X in accordance
    with the provisions of this clause.
      (b) The Speaker shall refer matters under paragraph (a) in such manner
    as to ensure to the maximum extent feasible that each committee that has
    jurisdiction under clause 1 of rule X over the subject matter of a
    provision thereof may consider such provision and report to the House
    thereon. Precedents, rulings, or procedures in effect before the Ninety-
    Fourth Congress shall be applied to referrals under this clause only to
    the extent that they will contribute to the achievement of the
    objectives of this clause.

    [[Page 616]]

      (c) In carrying out paragraphs (a) and (b) with respect to the
    referral of a matter, the Speaker--
          (1) shall designate a committee of primary jurisdiction (except
    where the Speaker determines that extraordinary circumstances justify
    review by more than one committee as though primary);
          (2) may refer the matter to one or more additional committees for
    consideration in sequence, either initially or after the matter has been
    reported by the committee of primary jurisdiction;
          (3) may refer portions of the matter reflecting different subjects
    and jurisdictions to one or more additional committees;
          (4) may refer the matter to a special, ad hoc committee appointed
    by the Speaker with the approval of the House, and including members of
    the committees of jurisdiction, for the specific purpose of considering
    that matter and reporting to the House thereon;
          (5) may subject a referral to appropriate time limitations; and
          (6) may make such other provision as may be considered
    appropriate.

      This provision became effective as part of the rules on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Before that time
    a bill or resolution could not be divided for reference among two or
    more committees, although it contained matter properly within the
    jurisdiction of several committees (IV, 4361). Paragraph (c) was amended
    on January 4, 1977 (H. Res. 5, pp. 53-70) to authorize the Speaker to
    place an appropriate time limit for consideration by the first committee
    or committees to which referred. In the 104th Congress paragraph (c) was
    again amended to require the Speaker to initially designate a committee
    of primary jurisdiction

    [[Page 617]]

    in each referral of a measure to more than one committee (sec. 205, H.
    Res. 6, Jan. 4, 1995, p. 467). In the 108th Congress the parenthetical
    exception in paragraph (c)(1) was added (sec. 2(i), H. Res. 5, Jan. 7,
    2003, p. 7). A paragraph (e) was added to the clause on January 4, 1977
    (H. Res. 5, pp. 53-70) to abolish the legislative jurisdiction in the
    House of the Joint Committee on Atomic Energy. The legislative
    jurisdiction of the Joint Committee was divided among the Committees on
    Armed Services (military applications of nuclear energy), Interior and
    Insular Affairs (now Natural Resources) (regulation of the domestic
    nuclear energy industry, since transferred to the Committee on Energy
    and Commerce in the 104th Congress), Foreign Affairs (nonproliferation
    of nuclear energy and international nuclear export agreements),
    Interstate and Foreign Commerce (now Energy and Commerce) (the same
    jurisdiction over nuclear energy as exercised over other energy), and
    Science, Space, and Technology (nondefense nuclear research and
    development). In addition, the Committee on Interstate and Foreign
    Commerce (now Energy and Commerce) was given oversight jurisdiction over
    all laws, programs, and government activities affecting nuclear energy.
    Paragraph (e) was deleted entirely in the 97th Congress (H. Res. 5, Jan.
    5, 1981, p. 98). At the same time the House deleted former paragraph
    (d), which required the Congressional Research Service of the Library of
    Congress to prepare factual descriptions of each bill or resolution
    introduced in the House to be published in the Congressional Record. A
    gender-based reference was eliminated in the 111th Congress (sec. 2(l),
    H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 5 of rule
    X (H. Res. 5, Jan. 6, 1999, p. 47).
      An order of the House precluding or limiting the potential for
    organizational or legislative business on certain days was considered
    not to deprive Members of the privilege of introducing bills and
    resolutions during pro forma sessions on those days, such measures being
    numbered on the day introduced but not noted in the Record or referred
    to committee until the day on which business was resumed (H. Con. Res.
    260, Nov. 26, 1991, p. 35840, extended by unanimous consent on Jan. 22,
    1992, p. 149, and Jan. 28, 1992, p. 745; H. Res. 619, Dec. 16, 2005, p.
    29054, amended by H. Res. 640, Dec. 18, 2005, p. 30378; H. Res. 877,
    Dec. 18, 2007, p. 35825).
      Under clause 2(c), the Speaker may (1) refer a bill to more than one
    committee for their respective consideration of such provisions of the
    bill as fall within their jurisdiction (Speaker Albert, Feb. 25, 1976,
    p. 4315), (2) divide a matter for initial reference to committees
    (Speaker Albert, Feb. 4, 1975, p. 2253; Speaker Hastert, Apr. 26, 1999,
    p. 7354), or (3) refer designated portions of a bill to one committee
    while referring the entire bill to another committee (Speaker O'Neill,
    Mar. 3, 1982, p. 3155). The Speaker also may set appropriate time
    limitations on the initial reference to each committee (Speaker O'Neill,
    Feb. 16, 1977, p. 4532; Speaker O'Neill, May 2, 1977, p. 13184). For
    example, the Speaker may refer a bill to two committees, with a time
    limit on one of the committees ending

    [[Page 618]]

    within a certain period after the other committee reports to the House
    (Speaker O'Neill, Jan. 27, 1983, p. 937; Speaker O'Neill, Feb. 2, 1983,
    p. 1492; Speaker Wright, Apr. 9, 1987, p. 8665) or with a time limit on
    one committee ending with a date certain (Speaker O'Neill, July 31,
    1985, p. 21936; Speaker Hastert, Mar. 13, 2001, p. 3448; Speaker
    Hastert, July 26, 2002, p. 15146). The Speaker may discharge a committee
    from further consideration of a bill not reported by it within the time
    for which the bill was referred and place the bill on the appropriate
    calendar (Speaker O'Neill, May 8, 1978, p. 12924).
      Before paragraph (c) was amended in the 104th Congress to require the
    Speaker to designate a committee of primary jurisdiction, the Speaker
    announced at the convening of the 98th Congress that he would exercise
    his authority, in situations that warranted it, to designate a primary
    committee among those to which a bill was jointly referred, and to
    impose time limits on committees having a secondary interest following
    the report of the primary committee under a joint referral (Speaker
    O'Neill, Jan. 3, 1983, p. 54; reiterated by Speaker Foley, Jan. 5, 1993,
    p. 105). The Speaker may refer a bill primarily to one committee while
    also referring it initially to additional committees for time periods to
    be subsequently determined when the primary committee reports, in each
    case for consideration of matters within their respective jurisdictions
    (Speaker Gingrich, Jan. 4, 1995, p. 123).
      Pursuant to clause 2 of rule XIV (formerly clause 2 of rule XXIV),
    relating to messages from the Senate, the Speaker has discretionary
    authority to refer from the Speaker's table to standing committees,
    Senate amendments to House-passed bills, under any conditions permitted
    under this provision for introduced bills. The Speaker may for example
    impose a time limitation for consideration only of a portion of the
    Senate amendment, not germane to the original House bill, by the
    standing committee with subject-matter jurisdiction, without referring
    the remainder of the Senate amendment to the House committee with
    jurisdiction over the original House bill (Speaker O'Neill, H.R. 31,
    Mar. 26, 1981, p. 5397). Beginning with the 98th Congress, the Speaker
    announced a policy of referring nongermane Senate amendments under
    certain conditions (Speaker O'Neill, Jan. 3, 1983, p. 54; Speaker Foley,
    Jan. 5, 1993, p. 105).
      Under <> clause
    2(c), the Speaker has authority to sequentially refer a bill reported
    from a committee to other committees for a time certain for
    consideration of such portions of the bill as fall within their
    respective jurisdictions (Speaker Albert, Apr. 9, 1976, p. 10265;
    Speaker Albert, May 17, 1976, p. 14093). Under that authority, the
    Speaker may limit a sequential referral to matters having a direct
    effect on subjects within the committee's jurisdiction (Speaker O'Neill,
    Apr. 5, 1982, p. 6580; Speaker O'Neill, June 7, 1983, p. 14699; Speaker
    Wright, Sept. 9, 1987, p. 23648). For example, the Speaker sequentially
    referred a bill reported by the Committee on Energy and Commerce to the
    Committee on the Judiciary for a specified time for consid

    [[Page 619]]

    eration of ``such provisions of the bill and amendment recommended by
    the Committee on Energy and Commerce as propose to narrow the purview of
    the Attorney General under section 271 of the Communications Act of
    1934'' (Speaker Hastert, May 24, 2001, p. 9384). The Speaker exercised
    authority under this clause to sequentially refer a joint resolution
    making continuing appropriations, reported as privileged by the
    Committee on Appropriations, to the committee having legislative
    jurisdiction over a legislative provision in the resolution, without a
    time limitation on the sequential referral (Speaker O'Neill, Sept. 22,
    1983, p. 25523).
      The Speaker has sometimes announced the application of the authority
    on sequential referrals at the outset of a Congress. For example, in the
    97th Congress, the Speaker announced that the sequential referral of a
    measure would be based on the subject matter of any amendment
    recommended by the reporting committee, as well as upon the original
    text of the measure (Speaker O'Neill, Jan. 5, 1981, pp. 115, 116). In
    the 100th Congress, the Speaker announced that, in certain cases, a
    sequential referral would be based only upon the text of a reported
    substitute amendment in lieu of original text (Speaker Wright, Jan. 6,
    1987, p. 22). The Speaker has sequentially referred (1) a bill for
    consideration of the bill and amendment of the previous committee
    (Speaker O'Neill, Oct. 13, 1977, p. 33716); (2) a bill to two committees
    for different periods of time, solely for consideration of designated
    sections of the first committee's recommended amendment (Speaker
    O'Neill, May 18, 1982, p. 10418; Speaker O'Neill, Aug. 1, 1985, p.
    22681); (3) a bill for consideration by a third committee of a portion
    of an amendment in the nature of a substitute recommended by one of the
    committees to which the bill had been initially referred (Speaker
    O'Neill, May 22, 1985, p. 13126); (4) a bill back to the first-reporting
    committee when it was reported from the second-reporting committee with
    a nongermane amendment within the jurisdiction of the first committee
    and not within the bounds of the initial referral (Speaker Wright, Oct.
    4, 1988, p. 28242). The Speaker also may base a sequential referral only
    on the text of the bill as introduced, even if a bill is reported by the
    primary committee with an amendment in the nature of a substitute
    (Speaker Gingrich, Sept. 12, 1995, p. 24791). For example, the Speaker
    sequentially referred a bill where the amendment recommended by the
    primary committee would delete portions of the bill within the
    jurisdiction of the sequential committee (Speaker Hastert, May 10, 1999,
    p. 8690).
      In the 96th Congress, the Speaker followed a more restrictive policy,
    permitting a sequential committee to review (1) those portions of
    introduced text within its jurisdiction and (2) those portions of an
    amendment within its jurisdiction when the introduced version also
    warranted a sequential referral to the committee (Speaker O'Neill, Apr.
    15, 1980, p. 7760). The Speaker first exercised the authority to base
    referrals on committee amendments by sequentially referring a bill
    reported from the Committee on Public Works and Transportation (now
    Transportation and Infrastructure), relating only to Corps of Engineers'
    water projects as introduced

    [[Page 620]]

    but amended in committee to address general water resource policy
    affecting irrigation and reclamation projects and soil conservation
    programs, to the Committees on Agriculture and Interior and Insular
    Affairs (now Natural Resources) for consideration of provisions of the
    committee amendment within their jurisdiction (Speaker O'Neill, May 20,
    1981, p. 10361).
      The Speaker may (1) discharge a measure from the Union Calendar and
    sequentially refer it to another committee (Speaker O'Neill, Apr. 27,
    1978, p. 11742; Speaker O'Neill, May 21, 1982, p. 11169; Speaker
    O'Neill, June 19, 1986, p. 14741; Speaker Foley, June 12, 1990, p.
    13670; Speaker Hastert, Nov. 30, 2001, p. 23681); (2) sequentially refer
    a bill that has been initially referred to several committees but
    reported only by one, for consideration of the reporting committee's
    amendment (Speaker O'Neill, June 17, 1982, p. 14069; Speaker Foley,
    Sept. 5, 1990, p. 23477); and (3) sequentially refer a bill referred to
    more than one committee when the first committee reports, for a period
    ending a number of days after the next committee reports (Speaker
    O'Neill, Aug. 1, 1985, p. 22681), or after all committees report
    (Speaker Wright, June 10, 1988, p. 14079).
      The Speaker may (1) extend the time of a sequentially referred bill
    and may refer the bill to yet another committee under the same
    sequential referral conditions (Speaker Albert, June 1, 1976, p. 16588);
    (2) delimit the period for sequential consideration of a bill in terms
    of legislative days (Speaker Wright, June 30, 1988, p. 16597); or (3)
    sequentially refer a bill without day (Speaker Wright, Sept. 27, 1988,
    p. 25827). On the last day of an expiring sequential referral, a
    committee has until midnight to file its report with the Clerk (Oct. 9,
    1991, p. 26045).
      Resolutions <> authorizing the Speaker to establish an ad hoc committee
    for the consideration of a particular bill under paragraph (c) of this
    clause, and extending the reporting date for such a committee, are
    privileged when offered from the floor at the Speaker's request (Speaker
    Albert, Apr. 22, 1975, p. 11261; Speaker Albert, Jan. 26, 1976, p. 876;
    Speaker O'Neill, Jan. 11, 1977, pp. 894-98; Speaker O'Neill, Apr. 21,
    1977, pp. 11550-56).
      Pursuant to the authority under paragraph (c)(4), the Speaker may
    refer a bill to a special ad hoc committee appointed by the Speaker with
    the approval of the House (from the members of the committees with
    legislative jurisdiction) for consideration and report on that
    particular bill (Speaker Albert, Apr. 22, 1975, p. 11261) or may jointly
    refer a report of a select committee filed with the Clerk to standing
    committees of the House for their study (Speaker Albert, Feb. 16, 1976,
    p. 3158).
      The Speaker may refer to an ad hoc committee, established with the
    approval of the House, bills, resolutions, and other matters (including
    messages and communications) for the purpose of considering such matters
    and reporting to the House thereon, and the resolution creating such a
    committee may specify whether referrals to such a committee shall be by
    initial or sequential reference or by any of the other methods provided

    [[Page 621]]

    by this clause (H. Res. 508, Apr. 21, 1977, pp. 11550-56; Speaker
    O'Neill, July 11, 1977, p. 22183; Speaker O'Neill, July 20, 1977, p.
    24167). For a discussion of Speaker's referrals to the former Select
    Committees on Homeland Security, see Sec. 723b, supra.
      Clause 7 provides the mechanism for changes of referrals erroneously
    made.
      The parliamentary <> law provides that the House may commit a portion of a bill,
    or a part thereof to one committee and another part thereof to another
    (V, 5558), yet under the practice of the House until January 3, 1975, a
    bill or joint resolution could not be divided for reference even if it
    contained matters properly within the jurisdiction of several committees
    (IV, 4372, 4376). On that date, the Speaker was given authority over
    referral of bills as prescribed in clause 2 of this rule (formerly
    clause 5 of rule X). In the 106th Congress the Speaker referred a bill
    by title to two committees (H.R. 1554, Apr. 26, 1999, p. 7355).

      (d) <> A bill
    for the payment or adjudication of a private claim against the
    Government may not be referred to a committee other than the Committee
    on Foreign Affairs or the Committee on the Judiciary, except by
    unanimous consent.

      The present form of this paragraph was made effective January 2, 1947,
    as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812).
    It was amended several times to conform references to renamed committees
    (H. Res. 163, Mar. 19, 1975, p. 7343; H. Res. 89, Feb. 5, 1979, p. 1848;
    sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; sec. 213(d), H. Res. 6,
    Jan. 4, 2007, p. 19). The old rule, adopted in 1885 and amended May 29,
    1936, provided that private claims bills be referred to a Committee on
    Invalid Pensions, Claims, War Claims, Public Lands, and Accounts, in
    addition to the Committees on Foreign Affairs and the Judiciary. Certain
    private bills, resolutions and amendments are barred (see Sec. 822,
    infra). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 4 of rule XXI (H. Res. 5, Jan.
    6, 1999, p. 47).
      Under this paragraph unanimous consent is required for the reference
    of a bill for the payment of a private claim to a committee other than
    the Committee on the Judiciary or the Committee on Foreign Affairs (May
    4, 1978, p. 12615). The Committee on the Judiciary, and not the
    Committee on Ways and Means, has jurisdiction over a private bill
    specifying that a certain annuity fund is exempt from taxation under
    provisions of the Internal Revenue Code (Deschler, ch. 17, Sec. 43.22).

    [[Page 622]]

    Petitions, memorials, and private bills
      3. If a <> Member, Delegate, or Resident
    Commissioner has a petition, memorial, or private bill to present, the
    Member, Delegate, or Resident Commissioner shall sign it, deliver it to
    the Clerk, and may specify the reference or disposition to be made
    thereof. Such petition, memorial, or private bill (except when judged by
    the Speaker to be obscene or insulting) shall be entered on the Journal
    with the name of the Member, Delegate, or Resident Commissioner
    presenting it and shall be printed in the Congressional Record.

      At the first organization of the House in 1789 the rules then adopted
    provided for the presentation of petitions to the House by the Speaker
    and Members, and for the introduction of bills by motion for leave. In
    1842 it was found necessary, in order to save time, to provide that
    petitions and memorials should be filed with the Clerk. In 1870, 1879,
    and 1887 the practice as to petitions was extended to private bills, at
    first as to certain classes and later so that all should be filed with
    the Clerk (IV, 3312, 3365; VII, 1024). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXII (H. Res. 5, Jan. 6,
    1999, p. 47).
      Petitions, memorials, <> and other papers addressed to the House may
    be presented by the Speaker as well as by a Member (IV, 3312). Petitions
    from the country at large are presented by the Speaker in the manner
    prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may
    present a petition from the people of another State (IV, 3315, 3316).
    The House itself may refer one portion of a petition to one committee
    and another portion to another committee (IV, 3359, 3360), but
    ordinarily the reference of a petition does not come before the House
    itself. A committee may receive a petition only through the House (IV,
    4557).

      4. A <> private
    bill or private resolution (including an omnibus claim or pension bill),
    or amendment thereto, may

    [[Page 623]]

    not be received or considered in the House if it authorizes or directs--
          (a) the payment of money for property damages, for personal
    injuries or death for which suit may be instituted under the Tort Claims
    Procedure provided in title 28, United States Code, or for a pension
    (other than to carry out a provision of law or treaty stipulation);
          (b) the construction of a bridge across a navigable stream; or
          (c) the correction of a military or naval record.

      This paragraph derives from section 131 of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was made a part of the
    standing rules January 3, 1953 (p. 24). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    2(a) of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). The prohibition
    relating to correction of a military record does not apply to a private
    bill that changes the computation of retired pay for a former member of
    the armed services (after exhaustion of administrative remedies) but
    does not directly correct the military record (Sept. 18, 1984, p.
    25824).

    Prohibition on commemorations
      5. (a) <> A bill or
    resolution, or an amendment thereto, may not be introduced or considered
    in the House if it establishes or expresses a commemoration.
      (b) In this clause the term ``commemoration'' means a remembrance,
    celebration, or recognition for any purpose through the designation of a
    specified period of time.

      The 104th Congress added the prohibition against commemorative
    legislation and directed the Committee on Government Reform and
    Oversight (now Oversight and Government Reform) to consider alternative
    means for establishing commemorations, including the creation of an
    independent or executive branch commission for such purpose, and to
    report to the

    [[Page 624]]

    House any recommendations thereon (sec. 216, H. Res. 6, Jan. 4, 1995, p.
    468). No recommendations were reported. Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    2(b) of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). The House by
    unanimous consent waived the prohibition against introduction of a
    certain joint resolution specified by sponsor and title proposing a
    commemoration (which was contained in the resolving clause and not
    merely in the preamble) (Oct. 24, 2001, p. 20545).

    Excluded matters
      6. A <> petition, memorial, bill, or resolution excluded under
    this rule shall be returned to the Member, Delegate, or Resident
    Commissioner from whom it was received. A petition or private bill that
    has been inappropriately referred may, by direction of the committee
    having possession of it, be properly referred in the manner originally
    presented. An erroneous reference of a petition or private bill under
    this clause does not confer jurisdiction on a committee to consider or
    report it.

      This clause of the rule was first adopted in 1880, although the
    portion relating to the return of certain petitions and bills was
    adapted from an older rule of 1842 (IV, 3312, 3365). In the 104th
    Congress it was amended to conform to the new prohibition against
    commemorative legislation (sec. 216, H. Res. 6, Jan. 4, 1995, p. 468).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XXII (H. Res. 5, Jan. 6,
    1999, p. 47).
      Errors in reference of petitions, memorials, or private bills are
    corrected at the Clerk's table, without action by the House, at the
    suggestion of the committee holding possession (IV, 4379). As provided
    in the rule, the erroneous reference of a private House bill does not
    confer jurisdiction, and a point of order is good when the bill comes up
    for consideration either in the House or in the Committee of the Whole
    (IV, 4382-4389). But in cases where the House itself refers a private
    House or Senate bill a point of order may not be raised as to
    jurisdiction (IV, 4390, 4391; VII, 2131). The Speaker may correct the
    erroneous referral of a bill as private by referring it to the
    appropriate (Union) calendar as a public bill when reported (June 1,
    1988, p. 13184).

    [[Page 625]]

    Sponsorship
      7. (a) Bills, <> memorials,
    petitions, and resolutions, endorsed with the names of Members,
    Delegates, or the Resident Commissioner introducing them, may be
    delivered to the Speaker to be referred. The titles and references of
    all bills, memorials, petitions, resolutions, and other documents
    referred under this rule shall be entered on the Journal and printed in
    the Congressional Record. An erroneous reference may be corrected by the
    House in accordance with rule X on any day immediately after the Pledge
    of Allegiance to the Flag by unanimous consent or motion. Such a motion
    shall be privileged if offered by direction of a committee to which the
    bill has been erroneously referred or by direction of a committee
    claiming jurisdiction and shall be decided without debate.
      (b)(1) The sponsor of a public bill or public resolution may name
    cosponsors. The name of a cosponsor added after the initial printing of
    a bill or resolution shall appear in the next printing of the bill or
    resolution on the written request of the sponsor. Such a request may be
    submitted to the Speaker at any time until the last committee authorized
    to consider and report the bill or resolution reports it to the House or
    is discharged from its consideration.
      (2) The name of a cosponsor of a bill or resolution may be deleted by
    unanimous consent. The Speaker may entertain such a request only by the
    Member, Delegate, or Resident Commis

    [[Page 626]]

    sioner whose name is to be deleted or by the sponsor of the bill or
    resolution, and only until the last committee authorized to consider and
    report the bill or resolution reports it to the House or is discharged
    from its consideration. The Speaker may not entertain a request to
    delete the name of the sponsor of a bill or resolution. A deletion shall
    be indicated by date in the next printing of the bill or resolution.
      (3) The addition or deletion of the name of a cosponsor of a bill or
    resolution shall be entered on the Journal and printed in the
    Congressional Record of that day.
      (4) A bill or resolution shall be reprinted on the written request of
    the sponsor. Such a request may be submitted to the Speaker only when 20
    or more cosponsors have been added since the last printing of the bill
    or resolution.

      The rule of 1789 provided that all bills should be introduced on
    report of a committee or by motion for leave. By various modifications
    it was first provided that all classes of private bills should be
    introduced by filing them with the Clerk, and in 1890 this system was by
    this rule extended to all public bills (IV, 3365). In the 105th and
    107th Congresses paragraph (a) was amended, and in the 112th Congress
    paragraph (b) was amended, to effect technical corrections (H. Res. 5,
    Jan. 7, 1997, p. 121; sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26; sec.
    2(f), H. Res. 5, Jan. 5, 2011, p. 80). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 4
    of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47).
      At its organization for the 106th Congress the House adopted an order
    of the House that the first 10 bill numbers be reserved for assignment
    by the Speaker during a specified period (sec. 2(g), H. Res. 5, Jan. 6,
    1999, p. 47). In the 107th and 108th Congresses the House adopted the
    same order, but extended the applicable time to the entire first session
    (sec. 3(d), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(c), H. Res. 5, Jan.
    7, 2003, p. 7). In the 108th Congress, the House by unanimous consent
    extended such authority through the remainder of the Congress (Oct. 4,
    2004, p. 20566). In the 109th through 111th Congresses the House adopted
    the same initial order but for the entire Congress (sec. 3(c), H. Res.
    5, Jan. 4, 2005, p.

    [[Page 627]]

    44; sec. 217, H. Res. 6, Jan. 4, 2007, p. 19; sec. 3(d), H. Res. 5, Jan.
    6, 2009, p. 9) and the House in the 112th through 114th Congresses
    expanded it to reserve the second 10 bill numbers for assignment by the
    Minority Leader (sec. 3(m), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(h),
    H. Res. 5, Jan. 3, 2013, p. _; sec. 3(l), H. Res. 5, Jan. 6, 2015, p.
    _).
      The motion for a change of reference and subsidiary motions take
    precedence over motions to go into the Committee of the Whole for the
    consideration of appropriation bills and the consideration of conference
    reports (VII, 2124), and may not be debated (VII, 2126-2128). But the
    motion is not in order on Calendar Wednesday (VII, 2117), and is not
    privileged under the rule if the original reference was not erroneous
    (VII, 2125). The motion may be amended, but the amendment, like the
    original motion, is subject to the requirement that it be authorized by
    the committee (VII, 2127). The motion must apply to a single bill and
    not to a class of bills (VII, 2125).
      According to the later practice the erroneous reference of a public
    bill, if it remain uncorrected, in effect gives jurisdiction to the
    committee receiving it (IV, 4365-4371; VII, 1489, 2108-2113; VIII,
    2312). It is too late to move a change of reference after such committee
    has reported the bill (VII, 2110; VIII, 2312), but the Speaker may,
    pursuant to authority granted by clause 2 (formerly clause 5 of rule X)
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), refer a bill sequentially to other committees. All bills and
    resolutions must be signed by the sponsor thereof (Speaker Albert, Feb.
    3, 1972, p. 2521).
      Joint sponsorship of public bills by not more than 25 Members was
    authorized in the 90th Congress (H. Res. 42, Apr. 25, 1967, p. 10712).
    Prior thereto a special committee had reported against this practice and
    the report had been adopted by the House (VII, 1029). Effective January
    3, 1979 (H. Res. 86, 95th Cong., Oct. 10, 1978, p. 34929), paragraph (b)
    was added to allow unlimited cosponsorship and to provide a mechanism
    for Members to add their names as cosponsors to bills or resolutions
    that have already been introduced, up until the bill is finally reported
    from committee, and on January 15, 1979, the Speaker announced his
    directive for the processing of lists of cosponsors pursuant to the new
    clause (Speaker O'Neill, Jan. 15, 1979, p. 19).
      Although paragraph (b)(2), before the 106th Congress, permitted only a
    cosponsoring Member to request unanimous consent to be deleted as a
    cosponsor, the sponsor of a measure was permitted to request unanimous
    consent to remove a cosponsor inadvertently or erroneously listed (Feb.
    9, 1982). In the 106th Congress, paragraph (b)(2) codified that such
    requests could be made by either the sponsor or the cosponsor (H. Res.
    5, Jan. 6, 1999, p. 47). Unanimous-consent requests to delete Members'
    names as cosponsors are not entertained after the last committee of
    referral has reported to the House (or has been discharged from further
    consideration) (Oct. 8, 1985, p. 26668; Feb. 10, 2000, p. 982), and the
    Speaker has vacated unanimous-consent orders of the House to delete
    cosponsors when advised

    [[Page 628]]

    that the bill had already been reported (Aug. 5, 1987, p. 22458; June
    17, 2013, p. _). A Member may request unanimous consent to be deleted as
    a cosponsor of an unreported bill during its consideration under
    suspension of the rules and before a final vote thereon (June 9, 1986,
    p. 12979).
      By unanimous consent a Member may be added as a cosponsor of an
    unreported bill if the sponsor is no longer a Member of the House (Aug.
    4, 1983, p. 23188; Oct. 3, 2008, p. 24009), and a designated Member may
    be authorized to sign and submit lists of additional cosponsors if the
    actual sponsor is no longer a Member (e.g., June 23, 1989, p. 13271;
    Apr. 5, 2000, p. 4487; June 20, 2001, p. 11196; Sept. 21, 2004, p.
    18827), but the Chair will not otherwise entertain a request to add
    cosponsors by a Member other than the sponsor (Mar. 5, 1991, p. 5026).
    In fact, the Chair will not entertain any unanimous-consent request to
    add a cosponsor (July 24, 2000, p. 15878), whether such request includes
    only the Member making the request (Oct. 25, 1995, p. 29352), includes
    all Members (Dec. 18, 1985, p. 37765), or includes a specified
    additional sponsor (Jan. 28, 1985, p. 1141; May 23, 1985, p. 13421).
    Such requests must be made by the sponsor through the hopper not later
    than the last day on which any committee is authorized to consider and
    report the measure to the House (Nov. 4, 1997, p. 24413).
      The Chair does not entertain a unanimous-consent request to add a co-
    offeror of an amendment (May 20, 2004, p. 10631; Sept. 14, 2004, p.
    18429; Apr. 29, 2015, p. _) or to change the offeror of a pending
    amendment (Apr. 29, 2015, p. _).
      At its organization for the 104th Congress the House resolved that
    each of the first 20 bills and each of the first two joint resolutions
    introduced in the House in that Congress could have more than one Member
    reflected as a sponsor (sec. 223(g), H. Res. 6, Jan. 4, 1995, p. 469);
    and the Speaker stated that all signatures of such ``primary'' sponsors
    would be required on the bills (Speaker Gingrich, Jan. 4, 1995, p. 551).
    A Member was subsequently added as such a ``primary'' sponsor by
    unanimous consent (Jan. 18, 1995, p. 1447).
      The fraudulent <> introduction of a measure involves a question of privilege, and
    a measure so introduced has been ordered stricken from the files (IV,
    3388). As the result of the unauthorized introduction of several bills
    without the knowledge of the Members listed as sponsors, the Speaker
    directed that all bills and resolutions must be signed by the sponsor
    thereof in order to be accepted for introduction (Speaker Albert, Feb.
    3, 1972, p. 2521).

      (5) <> When a bill or resolution is introduced ``by request,''
    those words shall be entered on the Journal and printed in the
    Congressional Record.

    [[Page 629]]

      This provision was adopted in 1888 (IV, 3366). Before the House
    recodified its rules in the 106th Congress, it was found in former
    clause 6 of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). It has never
    been the practice of the House to permit the names of the persons
    requesting the introduction of the bill to be printed in the Record.

      (c)(1) <> A bill or joint resolution may not be introduced unless
    the sponsor submits for printing in the Congressional Record a statement
    citing as specifically as practicable the power or powers granted to
    Congress in the Constitution to enact the bill or joint resolution. The
    statement shall appear in a portion of the Record designated for that
    purpose and be made publicly available in electronic form by the Clerk.
      (2) Before consideration of a Senate bill or joint resolution, the
    chair of a committee of jurisdiction may submit the statement required
    under subparagraph (1) as though the chair were the sponsor of the
    Senate bill or joint resolution.

      Paragraph (c) was added in the 112th Congress (sec. 2(a)(1), H. Res.
    5, Jan. 5, 2011, p. 80). A point of order under this paragraph is not
    timely when the relevant measure is not pending (May 16, 2013, p. _).
      The <> House in the
    113th and 114th Congresses required, to the extent practicable, an
    applicable United States Code citation in the case of an amendatory
    instruction in a bill or joint resolution proposing to repeal or amend a
    law not codified (sec. 3(i), H. Res. 5, Jan. 3, 2013, p. _; sec. 3(m),
    H. Res. 5, Jan. 6, 2015, p. _).

    Executive communications
      8. Estimates <> of appropriations and all other
    communications from the executive departments intended for the
    consideration of any committees of the

    [[Page 630]]

    House shall be addressed to the Speaker for referral as provided in
    clause 2 of rule XIV.

      This rule was adopted in 1867 and amended in 1880 (V, 6593). It was
    renumbered January 3, 1953 (p. 24). Before the House recodified its
    rules in the 106th Congress, this provision was found in former rule XL
    (H. Res. 5, Jan. 6, 1999, p. 47). Formerly estimates of appropriations
    were transmitted through the Secretary of the Treasury (IV, 3573-3576,
    4045), but under 31 U.S.C. 1105 they are now included in the budget
    submitted by the President.

                                    Rule XIII

                         calendars and committee reports

    Calendars
      1. (a) <> All
    business reported by committees shall be referred to one of the
    following three calendars:
          (1) A Calendar of the Committee of the Whole House on the state of
    the Union, to which shall be referred public bills and public
    resolutions raising revenue, involving a tax or charge on the people,
    directly or indirectly making appropriations of money or property or
    requiring such appropriations to be made, authorizing payments out of
    appropriations already made, releasing any liability to the United
    States for money or property, or referring a claim to the Court of
    Claims.
          (2) A House Calendar, to which shall be referred all public bills
    and public resolutions not requiring referral to the Calendar of the
    Committee of the Whole House on the state of the Union.

    [[Page 631]]

          (3) A Private Calendar as provided in clause 5 of rule XV, to
    which shall be referred all private bills and private resolutions.

      This provision was adopted in 1880 and amended in 1911 (VI, 742); but
    as early as 1820 a rule was adopted creating calendars for the
    Committees of the Whole. Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47), including a change in subparagraph (3) from the
    ``Calendar of the Committee of the Whole House'' to the ``Private
    Calendar.'' Bills not requiring consideration in Committee of the Whole
    were considered when reported, but in 1880 the House Calendar was
    created to remedy the delays in making reports caused by such
    consideration (IV, 3115). Reference of a bill to a calendar is governed
    by the text of the bill as referred to committee, and amendments
    reported by committees are not considered (VIII, 2392).
      A motion to correct an error in referring a bill to the proper
    calendar presents a question of privilege (III, 2614, 2615); but a mere
    clerical error in the calendar does not give rise to such question (III,
    2616). A bill improperly reported is not entitled to a place on the
    calendar (IV, 3117).
      A bill on the wrong calendar may be transferred to the proper calendar
    as of the date of original reference by direction of the Speaker (VI,
    744-748; VII, 859, 2406; Dec. 7, 1950, p. 16307; Apr. 26, 1984, p.
    10242; Sept. 10, 1990, p. 23677). But the Speaker has no authority to
    change calendar reference made by the House (VI, 749; VII, 859). Reports
    from the Court of Claims did not remain on the calendar from Congress to
    Congress, even when a law seemed so to provide (IV, 3298-3302). In
    determining whether a bill should be placed on the House or Union
    Calendar, clause 3 of rule XVIII should be consulted. The Speaker may
    correct the erroneous referral of a bill as private by referring it to
    the appropriate (Union) calendar as a public bill when reported (June 1,
    1988, p. 13184).
      Although the Speaker has no general authority to remove a reported
    bill from the Union Calendar (other than to correct the erroneous
    reference of a reported bill between calendars), the Speaker may
    discharge a bill therefrom for reference to another committee when
    required (1) by section 401(b) of the Congressional Budget Act of 1974,
    permitting 15-day referral to the Committee on Appropriations of
    reported bills providing new entitlement authority in excess of that
    allocated to the reporting committee in connection with the most
    recently agreed-to concurrent resolution on the budget (Speaker O'Neill,
    Sept. 8, 1977, p. 28153), or (2) by clause 2 of rule XII (formerly
    clause 5 of rule X), authorizing and directing the Speaker to assure
    that each committee has responsibility to consider legislation within
    its jurisdiction by fashioning sequential referrals when appropriate
    (Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p. 14741).

    [[Page 632]]

      (b) <> There is established a
    Calendar of Motions to Discharge Committees as provided in clause 2 of
    rule XV.

      From the 106th Congress through the 108th Congress, paragraph (b) was
    occupied by a cross reference to the Corrections Calendar. The provision
    was added when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. 47) and was stricken when the Corrections
    Calendar was abolished in the 109th Congress (sec. 2(f), H. Res. 5, Jan.
    4, 2005, p. 43). Before the House recodified its rules in the 106th
    Congress, the current paragraph (b) was found in former clause 5 of rule
    XIII (H. Res. 5, Jan. 6, 1999, p. 47).

    Filing and printing of reports
      2. (a)(1) <> Except as
    provided in subparagraph (2), all reports of committees (other than
    those filed from the floor) shall be delivered to the Clerk for printing
    and reference to the proper calendar under the direction of the Speaker
    in accordance with clause 1. The title or subject of each report shall
    be entered on the Journal and printed in the Congressional Record.
      (2) <> A bill or resolution reported
    adversely (other than those filed as privileged) shall be laid on the
    table unless a committee to which the bill or resolution was referred
    requests at the time of the report its referral to an appropriate
    calendar under clause 1 or unless, within three days thereafter, a
    Member, Delegate, or Resident Commissioner makes such a request.

      A technical amendment was effected by the 93d Congress (H. Res. 988,
    Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47), but the 111th Congress reversed an inadvertent
    change to paragraph (a)(2) to restore its application to nonprivileged
    reports only

    [[Page 633]]

    (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9) (contrast the 1999
    codification with its predecessor in form; VI, 411).
      When <> the House codified its rules in the 106th
    Congress, it deleted the portion of clause 2 of rule XVIII that required
    the printing of reports. That provision was redundant because this
    provision carries the same requirement (H. Res. 5, Jan. 6, 1999, p. 47).
    Former clause 2 of rule XVIII was adopted in 1880 (V, 5647).
      The House insists on its requirement that all reports be in writing
    (IV, 4655) and does not receive verbal reports as to bills (IV, 4654).
    But the sufficiency of a report is passed on by the House and not by the
    Speaker (II, 1339; IV, 4653). A report is not necessarily signed by all
    those concurring (II, 1274) or even by any of those concurring, but
    minority, supplemental, additional, and dissenting views are signed by
    those submitting them (IV, 4671; VIII, 2229; see clause 2(l)(5) of rule
    XI). Under this rule, the printing requirement is not a condition
    precedent to consideration of the matter reported (VIII, 2307-2309).
    However, for various availability and layover requirements in the rules,
    see clause 6 of rule X (Sec. 764, supra), clauses 5 and 6 of rule XIII
    (Sec. 850, Sec. 851, Sec. 853, Sec. 857, infra, respectively), and
    clause 8 of rule XXII (Sec. 1082, infra). See also clause 3(a)(2) of
    rule XIII (Sec. 838, infra), which excepts from the availability
    requirements of clauses 4 and 6 supplemental reports to correct a
    technical error in the depiction of record votes in a committee report.
      Unless filed with a report pursuant to clause 2(c) or rule XIII,
    minority, supplemental, additional, or dissenting views may be presented
    only with the consent of the House (IV, 4600; VIII, 2231, 2248).
      It has been held that the fact that a report was not printed by the
    Director of the Government Publishing Office as originally made to the
    House does not prevent the consideration of the matter reported (VIII,
    2307). A committee may not file its report on a bill after the House has
    passed the bill (Sept. 30, 1985, p. 25270).

      (b)(1) <> It shall be the duty of the
    chair of each committee to report or cause to be reported promptly to
    the House a measure or matter approved by the committee and to take or
    cause to be taken steps necessary to bring the measure or matter to a
    vote.
      (2) <> In any event,
    the report of a committee on a measure that has been approved by the
    committee shall be filed within seven calendar days (exclusive of days
    on which the House is not in session) after the day

    [[Page 634]]

    on which a written request for the filing of the report, signed by a
    majority of the members of the committee, has been filed with the clerk
    of the committee. The clerk of the committee shall immediately notify
    the chair of the filing of such a request. This subparagraph does not
    apply to a report of the Committee on Rules with respect to a rule,
    joint rule, or order of business of the House, or to the reporting of a
    resolution of inquiry addressed to the head of an executive department.

      Subparagraph (1) (formerly clause 2(l)(1)(A) of rule XI) is derived
    from section 133(c) of the Legislative Reorganization Act of 1946 (60
    Stat. 812) and was made a part of the standing rules on January 3, 1953
    (p. 24). It is sufficient authority for the chair to call up a bill on
    Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950, p. 2162).
    Subparagraph (2) (formerly clause 2(l)(1)(B) of rule XI) is derived from
    section 105 of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was made part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). Former clause 2(l)(1)(C) of rule XI was added by
    the Committee Reform Amendments of 1974, effective January 3, 1975 (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), to incorporate section 307
    of the Congressional Budget Act of 1974 (88 Stat. 313), requiring the
    Committee on Appropriations to strive to complete committee action on
    all regular appropriation bills before reporting any of them to the
    House, and to submit a report comparing specified spending levels, but
    was repealed by section 232(e) of the Balanced Budget and Emergency
    Deficit Control Act of 1985 (P.L. 99-177). An obsolete reference in
    former subdivision (B) to the former subdivision (C) was deleted in the
    104th Congress (sec. 223(f), H. Res. 6, Jan. 4, 1995, p. 469). Gender-
    based references were eliminated in the 111th Congress (sec. 2(l), H.
    Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 2(l)(1) of
    rule XI (H. Res. 5, Jan. 6, 1999, p. 47).
      Absent a special order of the House (e.g., Mar. 30, 2012, p. _),
    committee reports must be submitted while the House is in session,
    except as permitted under clause 2(c) of rule XIII with respect to the
    guaranteed time for composing separate views (see Sec. 836, infra) (Dec.
    17, 1982, p. 31951).

      (c) <> All supplemental,
    minority, additional, or dissenting views filed under clause 2(l) of
    rule XI by one or more mem

    [[Page 635]]

    bers of a committee shall be included in, and shall be a part of, the
    report filed by the committee with respect to a measure or matter. When
    time guaranteed by clause 2(l) of rule XI has expired (or, if sooner,
    when all separate views have been received), the committee may arrange
    to file its report with the Clerk not later than one hour after the
    expiration of such time. This clause and provisions of clause 2(l) of
    rule XI do not preclude the immediate filing or printing of a committee
    report in the absence of a timely request for the opportunity to file
    supplemental, minority, additional, or dissenting views as provided in
    clause 2(l) of rule XI.

      The first sentence of this paragraph was originally included in
    section 107 of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was made a part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). The remainder of the paragraph (establishing
    standing authority for committees to file reports with the Clerk after
    honoring the guarantee of the rule) was adopted in the 105th Congress
    (H. Res. 5, Jan. 7, 1997, p. 121). The paragraph was amended in the
    114th Congress to include dissenting views to mirror an amendment to
    clause 2(l) of rule XI (sec. 2(a)(5), H. Res. 5, Jan. 6, 2015, p. _).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(l)(5) of rule XI (H. Res. 5, Jan.
    6, 1999, p. 47).

    Content of reports
      3. (a)(1) <> Except as provided in
    subparagraph (2), the report of a committee on a measure or matter shall
    be printed in a single volume that--
          (A) shall include all supplemental, minority, additional, or
    dissenting views that have been submitted by the time of the filing of
    the report; and

    [[Page 636]]

          (B) shall bear on its cover a recital that any such supplemental,
    minority, additional, or dissenting views (and any material submitted
    under paragraph (c)(3)) are included as part of the report.
      (2) <> A committee may file a
    supplemental report for the correction of a technical error in its
    previous report on a measure or matter. A supplemental report only
    correcting errors in the depiction of record votes under paragraph (b)
    may be filed under this subparagraph and shall not be subject to the
    requirement in clause 4 or clause 6 concerning the availability of
    reports.

      Clause 3 (formerly clause 2(l)(5) of rule XI) was originally included
    in section 107 of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was incorporated into the rules in the 92d Congress (H. Res.
    5, Jan. 22, 1971, p. 144). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 2(l)(5) of
    rule XI, and the former companion provision of clause 2(l)(5) of rule XI
    entitling members to supplemental, minority, additional, or dissenting
    views was transferred to new clause 2(l) of rule XI (H. Res. 5, Jan. 6,
    1999, p. 47). The last sentence of subparagraph (2) was added in the
    107th Congress (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. 25). A technical
    correction to subparagraph (1)(B) was effected in the 108th Congress
    (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). Subparagraphs (1)(A) and
    (1)(B) were amended in the 114th Congress to include dissenting views to
    mirror an amendment to clause 2(l) of rule XI (sec. 2(a)(5), H. Res. 5,
    Jan. 6, 2015, p. _).
      Except as provided in subparagraph (2), a supplemental report is
    subject to three-day availability under clause 4 (Deschler, ch. 17,
    Sec. 64.1). A committee may file a supplemental report pursuant to
    subparagraph (2) to correct a technical error in the depiction of a bill
    number in the portion of the report regarding congressional earmarks,
    targeted tax benefits, and targeted tariff benefits under clause 9 of
    rule XXI (July 30, 2010, p. 14834).
      (b) <> With respect to each record
    vote on a motion to report a measure or matter of a public nature, and
    on any amendment offered to the measure or matter,

    [[Page 637]]

    the total number of votes cast for and against, and the names of members
    voting for and against, shall be included in the committee report. The
    preceding sentence does not apply to votes taken in executive session by
    the Committee on Ethics.

      The requirement of subparagraph (b) (formerly clause 2(l)(2)(B) of
    rule XI) was contained in section 104(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140), was incorporated into the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144), and was
    expanded in the 104th Congress to require that reports also reflect the
    total number of votes cast for and against any public measure or matter
    and any amendment thereto and the names of those voting for and against
    (sec. 209, H. Res. 6, Jan. 4, 1995, p. 468). An exception for the
    Committee on Standards of Official Conduct (now Ethics) was adopted in
    the 105th Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. 19318). An
    exception for certain reports by the Committee on Rules was adopted in
    the 110th Congress (sec. 503, H. Res. 6, Jan. 4, 2007, p. 19 (adopted
    Jan. 5, 2007) and repealed in the 112th Congress (sec. 2(c)(10), H. Res.
    5, Jan. 5, 2011, p. 80). This paragraph was amended in the 112th
    Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5,
    Jan. 5, 2011, p. 80). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 2(l)(2)(B) of rule
    XI (H. Res. 5, Jan. 6, 1999, p. 47). If the accompanying report
    erroneously reflects information required by this paragraph, a bill
    would be subject to a point of order against its consideration, unless
    corrected pursuant to clause 3(a)(2) by a supplemental report; however,
    a point of order would not lie if the error was introduced by the
    Government Publishing Office (Jan. 19, 1995, p. 1613). A question
    alleging that a committee report contained descriptions of recorded
    votes (as required by this clause) that deliberately mischaracterized
    certain amendments and directing the chair of the committee to file a
    supplemental report to change those descriptions was held to constitute
    a question of the privileges of the House (May 3, 2005, pp. 8417, 8418).

      (c) <> The report of a committee
    on a measure that has been approved by the committee shall include,
    separately set out and clearly identified, the following:
          (1) Oversight findings and recommendations under clause 2(b)(1) of
    rule X.

    [[Page 638]]

          (2) The statement required by section 308(a) of the Congressional
    Budget Act of 1974, except that an estimate of new budget authority
    shall include, when practicable, a comparison of the total estimated
    funding level for the relevant programs to the appropriate levels under
    current law.
          (3) An estimate and comparison prepared by the Director of the
    Congressional Budget Office under section 402 of the Congressional
    Budget Act of 1974 if timely submitted to the committee before the
    filing of the report.
          (4) A statement of general performance goals and objectives,
    including outcome-related goals and objectives, for which the measure
    authorizes funding.

      This provision (formerly clause 2(l)(3) of rule XI) became effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). It was
    amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), to
    correct a cross-reference, and in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to correct the typographical transposition of a phrase.
    Subparagraphs (2) and (3) (formerly clauses 2(l)(3)(B) and 2(l)(3)(C) of
    rule XI) are requirements of sections 308(a) and 402 of the
    Congressional Budget Act of 1974 (88 Stat. 297). Subparagraph (2)
    (formerly clause 2(l)(3)(B) of rule XI) was amended in the 99th Congress
    by section 232(f) of the Balanced Budget and Emergency Deficit Control
    Act of 1985 (P.L. 99-177) to include new entitlement and credit
    authority in conformity with section 308(a)(1) of the Congressional
    Budget Act of 1974, as amended by that law. It was again amended in the
    104th Congress to require estimates of new budget authority, when
    practicable, to compare the total estimated funding for the program to
    the appropriate level under current law (sec. 102(a), H. Res. 6, Jan. 4,
    1995, p. 462). In the 104th and 106th Congresses, it was amended to
    conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan.
    4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). This provision was
    amended in the 105th Congress to reflect the repeal of the collective
    definition of ``new spending authority'' and the revision of various
    remaining parts and to effect a technical and conforming change (Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33)). Subparagraph (4) was
    amended to replace a requirement that committees include in their
    reports over

    [[Page 639]]

    sight findings and recommendations by the Committee on Government Reform
    with a requirement that they include a statement of performance goals
    and objectives (sec. 2(l), H. Res. 5, Jan. 3, 2001, p. 25).
      The <> House in the
    113th and 114th Congresses required each report accompanying a bill or
    joint resolution to include a statement of whether the measure
    established or reauthorized a program of the Federal government known to
    be duplicative of another such program (sec. 3(j), H. Res. 5, Jan. 3,
    2013, p. _; sec. 3(g), H. Res. 5, Jan. 6, 2015, p. _).
      The <> House in the 113th and
    114th Congresses required each report accompanying a bill or joint
    resolution to include a statement estimating the number of directed rule
    makings required by the measure (sec. 3(k), H. Res. 5, Jan. 3, 2013, p.
    _; sec. 3(i), H. Res. 5, Jan. 6, 2015, p. _).

      (d) <> Each report of a committee
    on a public bill or public joint resolution shall contain the following:
          (1)(A) An estimate by the committee of the costs that would be
    incurred in carrying out the bill or joint resolution in the fiscal year
    in which it is reported and in each of the five fiscal years following
    that fiscal year (or for the authorized duration of any program
    authorized by the bill or joint resolution if less than five years);
          (B) a comparison of the estimate of costs described in subdivision
    (A) made by the committee with any estimate of such costs made by a
    Government agency and submitted to such committee; and
          (C) when practicable, a comparison of the total estimated funding
    level for the relevant programs with the appropriate levels under
    current law.
          (2)(A) In subparagraph (1) the term ``Government agency'' includes
    any department, agency, establishment, wholly owned Govern

    [[Page 640]]

    ment corporation, or instrumentality of the Federal Government or the
    government of the District of Columbia.
          (B) Subparagraph (1) does not apply to the Committee on
    Appropriations, the Committee on House Administration, the Committee on
    Rules, or the Committee on Ethics, and does not apply when a cost
    estimate and comparison prepared by the Director of the Congressional
    Budget Office under section 402 of the Congressional Budget Act of 1974
    has been included in the report under paragraph (c)(3).

      This provision was adopted in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144) as part of the implementation of section 252(b) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was amended
    in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to remove
    references to the Joint Committee on Atomic Energy. Subparagraph (2)(B)
    (formerly clause 7(d)) was amended in the 97th Congress (H. Res. 5, Jan.
    5, 1981, pp. 98-113) to render committee cost estimates optional if an
    estimate by the Congressional Budget Office is included in the report.
    It was amended by the Budget Enforcement Act of 1990 (2 U.S.C. 900 note)
    to require five-year estimates of revenue changes in legislative
    reports. In the 104th Congress it was amended to require estimates of
    new budget authority, when practicable, to compare the total estimated
    funding for the program to the appropriate level under current law (sec.
    102(b), H. Res. 6, Jan. 4, 1995, p. 462). In the 104th and 106th
    Congresses subparagraph (2)(B) (formerly clause 7(d)) was amended to
    reflect a change in committee name (sec. 202(b), H. Res. 6, Jan. 4,
    1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). In the 105th Congress it
    was amended to effect a technical change (Budget Enforcement Act of 1997
    (sec. 10116, P.L. 105-33)). In the 112th Congress subparagraphs (2) and
    (3) were redesignated when a former subparagraph (1) was repealed (sec.
    2(a)(2), H. Res. 5, Jan. 5, 2011, p. 80) and subparagraph (2)(B) was
    amended to reflect a change in committee name (sec. 2(e)(8), H. Res. 5,
    Jan. 5, 2011, p. 80). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 7 of this rule (H.
    Res. 5, Jan. 6, 1999, p. 47).
      A committee cost estimate identifying certain spending authority as
    recurring annually and indefinitely was held necessarily to address the
    five-year period required by section 308 of the Congressional Budget Act
    of 1974 (Nov. 20, 1993, p. 31354).

    [[Page 641]]

      Under <> the Congressional Accountability Act of 1995, each report
    accompanying a bill or joint resolution relating to terms and conditions
    of employment or access to public services or accommodations must
    describe the manner in which the provisions apply to the legislative
    branch or a statement of the reasons the provisions do not apply; and
    any Member may raise a point of order against the consideration of a
    bill or joint resolution not complying with this requirement, which may
    be waived in the House by majority vote (sec. 102(b)(3), P.L. 104-1; 109
    Stat. 6).
      The <> Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes
    several requirements on committees with respect to measures effecting
    ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c) and establishes
    points of order to permit separate votes on whether to enforce those
    requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra.

      Former <> clause 2(l)(4) of rule XI, which
    became a part of the rules under the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), required an analytical statement of inflationary impact. It
    was converted in the 105th Congress to require a statement of
    constitutional authority (H. Res. 5, Jan. 7, 1997, p. 121) and was
    repealed in the 112th Congress in conjunction with the establishment of
    clause 7(c) of rule XII (sec. 2(a)(2), H. Res. 5, Jan. 5, 2011, p. 80).
    If a point of order were sustained under this subparagraph, the measure
    would be ``recommitted'' to await possible return to the Calendar by the
    filing of a supplemental report pursuant to clause 3(a)(2) correcting
    the technical error (Feb. 13, 1995, p. 4591).

      (e)(1) <> Whenever a committee
    reports a bill or joint resolution proposing to repeal or amend a
    statute or part thereof, it shall include in its report or in an
    accompanying document--
          (A) the entire text of each section of a statute that is proposed
    to be repealed or amended; and
          (B) a comparative print of each amendment to a section of a
    statute that the bill or joint resolution proposes to make, showing by
    ap

    [[Page 642]]

    propriate typographical devices the omissions and insertions proposed.
      (2) If a committee reports a bill or joint resolution proposing to
    repeal or amend a statute or part thereof with a recommendation that the
    bill or joint resolution be amended, the comparative print required by
    subparagraph (1) shall reflect the changes in existing law proposed to
    be made by the bill or joint resolution as proposed to be amended.

      The first part of this paragraph (formerly clause 3) was adopted
    January 28, 1929 (VIII, 2234), was redesignated January 3, 1953 (p. 24),
    and subparagraph (2) (formerly a proviso in clause 3(2)) was added
    September 22, 1961 (p. 20823). Subparagraph (1)(B) was amended in the
    113th Congress to promote the inclusion of adjacent provisions (sec.
    2(d), H. Res. 5, Jan. 3, 2013, p. _). Subparagraphs (1)(A) and (1)(B)
    were amended in the 114th Congress to require the inclusion of the
    entire text of a section proposed to be repealed or amended in addition
    to the existing requirement for a comparative print (sec. 2(f), H. Res.
    5, Jan. 6, 2015, p. _). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 3 of this rule
    (H. Res. 5, Jan. 6, 1999, p. 47).
      Technical failure of a committee report to comply with the
    ``Ramseyer'' rule may be remedied by a supplemental report (VIII, 2247).
    Although the filing of such a corrective report formerly required the
    consent of the House (VIII, 2248), it may now be filed with the Clerk
    pursuant to clause 3(a)(2). Reports held to violate the rule because
    they are not susceptible to correction by the filing of a supplemental
    report under clause 3(a)(2), as in the case of a substantial violation,
    are automatically recommitted to the respective committees reporting
    them (VIII, 2237, 2245, 2250). When a bill is so recommitted, further
    proceedings are de novo and the bill is considered again and reported by
    the committee as if no previous report had been made (VIII, 2249).
      Although a bill proposes but one minor and obvious change in existing
    law, the failure of the report to indicate the change is in violation of
    the rule (VIII, 2236). The statute proposed to be amended must be quoted
    in the report and it is not sufficient that it is incorporated in the
    bill (VIII, 2238). Under the rule the committee report on a bill
    amending existing law by the addition of a proviso should quote in full
    the section immediately preceding the proposed amendment (VIII, 2237).
    The rule applies to appropriation bills if such bills include
    legislative provisions (VIII, 2241) and reports on appropriation bills
    are also subject to the requirements of clause 3(f) of rule XIII,
    requiring a concise statement of the effect of any direct

    [[Page 643]]

    or indirect changes in the application of existing law. In order to fall
    within the purview of the rule the bill must seek to repeal or amend
    specifically an existing law (VIII, 2235, 2239, 2240).
      Special orders providing for consideration of bills, unless
    specifically waiving points of order, do not preclude the point of order
    that reports on such bills fail to indicate proposed changes in existing
    law (VIII, 2245). The point of order that a report fails to comply with
    the rule is properly made when the bill is called up in the House and
    comes too late after the House has resolved into the Committee of the
    Whole for its consideration (VIII, 2243-2245).
      Where the comparative print contained certain errors in punctuation
    and capitalization and utilized abbreviations not appearing in existing
    provisions of law, the Speaker held that the committee report was in
    substantial compliance with the rule and overruled a point of order
    against the report (Deschler, ch. 17, Sec. Sec. 60.13, 60.14).

      (f)(1) <> A report of the Committee on Appropriations on a general
    appropriation bill shall include--
          (A) a concise statement describing the effect of any provision of
    the accompanying bill that directly or indirectly changes the
    application of existing law; and
          (B) a list of all appropriations contained in the bill for
    expenditures not currently authorized by law for the period concerned
    (excepting classified intelligence or national security programs,
    projects, or activities), along with a statement of the last year for
    which such expenditures were authorized, the level of expenditures
    authorized for that year, the actual level of expenditures for that
    year, and the level of appropriations in the bill for such expenditures.

      This provision (formerly clause 3 of rule XXI) became a part of the
    rules under the Committee Reform Amendments of 1974, effective January
    3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). This provision
    was amended on January 14, 1975 (H. Res. 5, 94th Cong., p. 32) to
    confine its applicability to general appropriation bills, and again in
    the 104th Con

    [[Page 644]]

    gress to add subparagraph (1)(B) concerning unauthorized items (sec.
    215(d), H. Res. 6, Jan. 4, 1995, p. 468). Subparagraph (1)(B) was
    amended in the 107th Congress to require more detail on the status of
    unauthorized appropriations (sec. 2(m), H. Res. 5, Jan. 3, 2001, p. 25).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XXI (H. Res. 5, Jan. 6,
    1999, p. 47).

      (2) Whenever the Committee on Appropriations reports a bill or joint
    resolution including matter specified in clause 1(b)(2) or (3) of rule
    X, it shall include--
          (A) in the bill or joint resolution, separate headings for
    ``Rescissions'' and ``Transfers of Unexpended Balances''; and
          (B) in the report of the committee, a separate section listing
    such rescissions and transfers.

      This provision (formerly clause 1(b) of rule X) was added by the
    Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1(b) of rule X (H.
    Res. 5, Jan. 6, 1999, p. 47).

      (g) <> Whenever the Committee on
    Rules reports a resolution proposing to repeal or amend a standing rule
    of the House, it shall include in its report or in an accompanying
    document--
          (1) the text of any rule or part thereof that is proposed to be
    repealed; and
          (2) a comparative print of any part of the resolution proposing to
    amend the rule and of the rule or part thereof proposed to be amended,
    showing by appropriate typographical devices the omissions and
    insertions proposed.

      This provision (formerly clause 4(d) of rule XI) was added to the
    rules under the Committee Reform Amendments of 1974, effective January
    3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), and is similar
    to

    [[Page 645]]

    the ``Ramseyer Rule'' requirements of paragraph (e) relating to bills
    and joint resolutions repealing or amending existing law. Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 4(d) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).
    This clause is applicable to resolutions reported from the Committee on
    Rules that propose direct permanent repeal or amendment of a rule of the
    House, but does not apply to resolutions providing temporary waivers of
    rules during the consideration of particular legislative business
    (Speaker Albert, Mar. 20, 1975, p. 7676; Mar. 24, 1975, p. 8418), or to
    a special order of business resolution providing for the consideration
    of a bill with textual modifications that would effect certain changes
    in House rules on enactment of the bill into law, but not itself
    repealing or amending any rule (May 27, 1993, p. 11597).

      (h) <>  It shall not be in
    order to consider a bill or joint resolution reported by the Committee
    on Ways and Means that proposes to amend the Internal Revenue Code of
    1986 unless--
          (1) the report includes a tax complexity analysis prepared by the
    Joint Committee on Taxation in accordance with section 4022(b) of the
    Internal Revenue Service Restructuring and Reform Act of 1998; or
          (2) the chair of the Committee on Ways and Means causes such a tax
    complexity analysis to be printed in the Congressional Record before
    consideration of the bill or joint resolution.

      This provision was added by the Internal Revenue Service Restructuring
    and Reform Act of 1998 as a new clause 2(l)(8) of rule XI, effective
    January 1, 1999 (sec. 4022, P.L. 105-206). It was transferred to this
    paragraph as a former subparagraph (1) when the House recodified its
    rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). A gender-
    based reference was eliminated in the 111th Congress (sec. 2(l), H. Res.
    5, Jan. 6, 2009, p. 7). In the 114th Congress, designations were changed
    when a former subparagraph (2) was repealed (see Sec. 849a, infra) and
    an archaic reference to the name of the joint committee was updated
    (sec. 2(h), H. Res. 5, Jan. 6, 2015, p. _).

    [[Page 646]]

      A requirement <> that macroeconomic analysis be included
    in the committee report for certain tax measures was repealed in the
    114th Congress (sec. 2(c)(2), H. Res. 5, Jan. 6, 2015, p. _). For its
    text and history, and the history of a former provision on dynamic
    scoring, see Sec. 849 of the House Rules and Manual for the 113th
    Congress (H. Doc. 112-161). For a current provision on macroeconomic
    analysis, see Sec. 868a, infra.

    Availability of reports-
      4. (a)(1) <> Except as specified in
    subparagraph (2), it shall not be in order to consider in the House a
    measure or matter reported by a committee until the third calendar day
    (excluding Saturdays, Sundays, or legal holidays except when the House
    is in session on such a day) on which each report of a committee on that
    measure or matter has been available to Members, Delegates, and the
    Resident Commissioner.
      (2) Subparagraph (1) does not apply to--
          (A) a resolution providing a rule, joint rule, or order of
    business reported by the Committee on Rules considered under clause 6;
          (B) a resolution providing amounts from the applicable accounts
    described in clause 1(k)(1) of rule X reported by the Committee on House
    Administration considered under clause 6 of rule X;
          (C) a resolution presenting a question of the privileges of the
    House reported by any committee;
          (D) a measure for the declaration of war, or the declaration of a
    national emergency, by Congress; and

    [[Page 647]]

          (E) a measure providing for the disapproval of a decision,
    determination, or action by a Government agency that would become, or
    continue to be, effective unless disapproved or otherwise invalidated by
    one or both Houses of Congress. In this subdivision the term
    ``Government agency'' includes any department, agency, establishment,
    wholly owned Government corporation, or instrumentality of the Federal
    Government or of the government of the District of Columbia.
      (b) A committee that reports a measure or matter shall make every
    reasonable effort to have its hearings thereon (if any) printed and
    available for distribution to Members, Delegates, and the Resident
    Commissioner before the consideration of the measure or matter in the
    House.

      This provision (formerly clause 2(l)(6) of rule XI) was originally
    contained in section 108 of the Legislative Reorganization Act of 1970
    (84 Stat. 1140) and was incorporated into the rules in the 92d Congress
    (H. Res. 5, Jan. 22, 1971, p. 144). It was amended in the 94th Congress
    (H. Res. 5, Jan. 14, 1975, p. 20), in the 95th Congress (H. Res. 5, Jan.
    4, 1977, pp. 53-70), and in the 96th Congress (H. Res. 5, Jan. 15, 1979,
    p. 8). In the 102d Congress it was amended to clarify the availability
    requirements for reported measures, including concurrent resolutions on
    the budget (H. Res. 5, Jan. 3, 1991, p. 39). It was amended in the 104th
    Congress to count as a ``calendar day'' any day on which the House is in
    session (H. Res. 254, Nov. 30, 1995, p. 35077), and again in the 105th
    Congress to achieve like treatment in the case of a concurrent
    resolution on the budget (H. Res. 5, Jan. 7, 1997, p. 121). The rule was
    later amended in the 105th Congress to conform to a change in the
    layover requirement for a concurrent resolution on the budget (Budget
    Enforcement Act of 1997 (sec. 10109, P.L. 105-33)). In the 106th
    Congress two technical and conforming corrections were effected. The
    106th Congress also recodified the rules, transferring this provision
    from former clause 2(l)(6) of rule XI, which consisted of this provision
    and current clause 6(a)(2) of this rule (H. Res. 5, Jan. 6, 1999, p.
    47). Subparagraph (2)(C) was added in the 107th Congress (sec. 2(n), H.
    Res. 5, Jan. 3, 2001, p. 25). In the 109th Congress a subdivision

    [[Page 648]]

    was deleted as obsolete upon the repeal of the Corrections Calendar and
    in that Congress and in the 112th conforming changes to subparagraph
    (2)(B) were effected (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42; sec.
    2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80).
      This availability requirement is not applicable to privileged reports
    from the Committee on Rules or to bills before the House that have not
    been reported from committee (Speaker Albert, Aug. 10, 1976, p. 26793;
    but see clause 11 of rule XXI for availability requirements for
    unreported measures). The Committee on Rules has the authority under
    clause 5(a) of rule XIII (formerly clause 4(a) of rule XI) to report a
    special order making in order the text of an introduced bill as a
    substitute original text for a reported bill, and no point of order lies
    that such introduced text has not been available for three days under
    this rule, which only applies to the consideration of reported measures
    themselves (Oct. 9, 1986, p. 29973). The exceptions from the three-day
    layover requirement were expanded in the 97th Congress (H. Res. 5, Jan.
    5, 1981, p. 98) to include resolutions called up pursuant to legislative
    veto provisions in laws having the effect of approving or invalidating
    the actions of any government agency (and not just agencies of the
    executive branch). That exception allows the consideration of a measure
    disapproving an executive branch decision pursuant to statute within
    three days of the expiration of the congressional review period,
    notwithstanding the three-day availability requirement (concurrent
    resolution disapproving a regulation of the Federal Trade Commission
    pursuant to the Federal Trade Commission Improvements Act, P.L. 96-252)
    (May 26, 1982, pp. 12027-30). A report from a committee raising a
    question of the privileges of the House, such as a report relating to
    the contemptuous conduct of a witness before the committee, may be
    considered notwithstanding the availability requirements of this clause
    (Speaker Albert, July 13, 1971, pp. 24720-23; see also VI, 48; Deschler,
    ch. 14, Sec. 7.4, fn. 10, and Oct. 8, 1998, p. 24680, with respect to
    impeachment reports; and Feb. 12, 1998, p. 1323, with respect to a
    resolution dismissing an election contest reported as privileged under
    clause 5(a)(3) of rule XIII). Clause 3(a)(2) of rule XIII was amended in
    the 107th Congress to except from the three-day layover requirement a
    supplemental report only correcting errors in the depiction of record
    votes under clause 3(b) (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. 25).-
      A committee <> expense resolution
    reported by the Committee on House Administration pursuant to clause 5
    of rule XIII need only be available for one day. However, other
    resolutions reported from that committee that are privileged (such as a
    resolution authorizing the printing of material as a House document),
    but that do not constitute questions of the privileges of the House, are
    subject to this clause (Speaker Albert, Mar. 6, 1975, p. 5537).

    [[Page 649]]

      A former <> paragraph (c), prohibiting consideration of
    general appropriation bills until the third calendar day on which
    printed hearings had been available, was repealed in the 114th Congress
    (sec. 2(a)(8), H. Res. 5, Jan. 6, 2015, p. _). For its text and history,
    see Sec. 852 of the House Rules and Manual for the 113th Congress (H.
    Doc. 112-161).

    Privileged reports, generally
      5. (a) <> The following committees
    shall have leave to report at any time on the following matters,
    respectively:
          (1) The Committee on Appropriations, on general appropriation
    bills and on joint resolutions continuing appropriations for a fiscal
    year after September 15 in the preceding fiscal year.
          (2) The Committee on the Budget, on the matters required to be
    reported by such committee under titles III and IV of the Congressional
    Budget Act of 1974.
          (3) The Committee on House Administration, on enrolled bills, on
    contested elections, on matters referred to it concerning printing for
    the use of the House or the two Houses, on expenditure of the applicable
    accounts of the House described in clause 1(k)(1) of rule X, and on
    matters relating to preservation and availability of noncurrent records
    of the House under rule VII.
          (4) The Committee on Rules, on rules, joint rules, and the order
    of business.
          (5) The Committee on Ethics, on resolutions recommending action by
    the House with respect to a Member, Delegate, Resident Commissioner,
    officer, or employee of the House as

    [[Page 650]]

    a result of an investigation by the committee relating to the official
    conduct of such Member, Delegate, Resident Commissioner, officer, or
    employee.
      (b) A report filed from the floor as privileged under paragraph (a)
    may be called up as a privileged question by direction of the reporting
    committee, subject to any requirement concerning its availability to
    Members, Delegates, and the Resident Commissioner under clause 4 or
    concerning the timing of its consideration under clause 6.

      The origins of this provision appear as early as 1812, but it was in
    1886 that the various provisions were consolidated in one rule. The rule
    was amended by the Legislative Reorganization Act of 1946 (60 Stat.
    812), again on February 2, 1951 (p. 883), and yet again by the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). On the latter date the privileges given
    to the Committee on Interior and Insular Affairs (now Natural Resources)
    on bills for the forfeiture of land grants to railroad and other
    corporations, preventing speculation in the public lands and reserving
    public lands for the benefit of actual and bona fide settlers, and for
    the admission of new States, to the Committee on Public Works (now
    Transportation and Infrastructure) on bills authorizing the improvement
    of rivers and harbors, to the Committee on Veterans' Affairs on general
    pension bills, and to the Committee on Ways and Means on bills raising
    revenue, were eliminated from the rule. In the 94th Congress (H. Res. 5,
    Jan. 14, 1975, p. 20), the rule was further amended to reinsert
    ``contested elections'' under the authority of the Committee on House
    Administration, a matter inadvertently omitted by the 93d Congress (H.
    Res. 988, Oct. 8, 1974, p. 34470). The rule was amended in the 97th
    Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to permit joint
    resolutions continuing appropriations to be privileged if reported after
    a certain date. In the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72),
    the rule was amended to include under the authority of the Committee on
    House Administration all matters relating to preservation and
    availability of noncurrent House records. In the 104th, 106th, and 112th
    Congresses, it was amended to reflect a change in committee name (sec.
    202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47;
    sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80). In the 105th Congress it
    was amended to update an archaic reference to the ``contingent fund''
    (H. Res. 5, Jan. 7, 1997, p. 121). Before the House recodified its rules
    in the 106th

    [[Page 651]]

    Congress, this provision was found in former clause 4 of rule XI; as
    part of that recodification, former clause 9 of rule XVI (restating the
    privilege of general appropriation bills) was deleted as obsolete (H.
    Res. 5, Jan. 6, 1999, p. 47). Conforming changes to paragraph (a)(3)
    were effected in the 109th and 112th Congresses (sec. 2(a) H. Res. 5,
    Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80).
      At the time these privileges originated all reports were made on the
    floor, and often with great difficulty because of the pressure of
    business (IV, 4621), and by giving this privilege the most important
    matters of business were greatly expedited. In 1890 a rule was adopted
    providing that reports should be made by filing with the Clerk, but
    privileged reports must still be made from the floor (IV, 3146; VIII,
    2230). A privileged report from the Committee on Rules may be filed at
    any time when the House is in session, including during special-order
    speeches (Oct. 14, 1986, p. 30861). Before the original adoption of the
    provisions contained in former clause 2(l)(6) of rule XI in the 92d
    Congress (current clause 4 of this rule) (H. Res. 5, Jan. 22, 1971, p.
    144), the right of reporting at any time was held to give the right of
    immediate consideration by the House (IV, 3131, 3132, 3142-3147; VIII,
    2291, 2312). However, from that date until the effective date of the
    provision of former clause 2(l)(6) of rule XI (current clause 4 of this
    rule) on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), only the Committees on House Administration, Rules (subject to
    the two-thirds vote requirement of clause 6 of this rule), and Standards
    of Official Conduct (now Ethics) could call up a matter in the House for
    immediate consideration as soon as the report was filed. Now only
    reports from the Committee on Rules on rules, joint rules, and the order
    of business under clause 6 of this rule; reports from the Committee on
    House Administration on committee expense resolutions under clause 5(a)
    of this rule; reports constituting questions of privilege (see generally
    Deschler, ch. 14, Sec. 7.4, fn. 10, discussing ruling of Speaker Albert,
    July 13, 1971, on a reported contempt); and reports on the official
    conduct of a Member (e.g., H. Res. 31, Jan. 21, 1997, p. 393) are exempt
    from the requirements of clause 4 of this rule (former clause 2(l)(6) of
    rule XI) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Other
    committees enumerated in this clause may still utilize the privilege
    after the report on the bill or resolution has been available for at
    least three calendar days (excluding Saturdays, Sundays, and legal
    holidays except when the House is in session on such a day). Once called
    up for consideration, the matter so reported remains privileged until
    disposed of (IV, 3145). The House proceeds to the consideration of
    privileged questions only on motion directed to be made by the several
    committees reporting such questions (VIII, 2310). Privileged questions
    reported adversely have the same status so far as their privilege is
    concerned as those reported favorably (VI, 413; VIII, 2310).

    [[Page 652]]

      The <> matters reported
    under the provisions of this clause are denominated ``privileged
    reports'' or ``privileged questions,'' and because the privilege relates
    merely to the order of business under the rules, they must be
    distinguished from ``questions of privilege'' that relate to the safety
    or dignity of the House itself defined in rule IX (III, 2718).
    Therefore, ``questions of privilege'' take precedence over these matters
    that are privileged under the rules (III, 2426-2530; V, 6454; VIII,
    3465).
      Privileged questions interrupt the regular order of business as
    established by former rule XXIV (current rule XIV), but when they are
    disposed of the regular order continues on from the point of
    interruption (IV, 3070, 3071). The Speaker has declined to allow a call
    of committees to be interrupted by a privileged report (IV, 3132). The
    presence of nonprivileged matter destroys the privileged character of a
    bill (IV, 4622, 4624, 4633, 4640, 4643; VIII, 2289; Speaker Rayburn, May
    21, 1958, pp. 9212-16), or resolution (VIII, 2300), and when the text of
    a bill contains nonprivileged matter, privilege may not be created by a
    committee amendment in the nature of a substitute not containing the
    nonprivileged matter (IV, 4623).
      The <> privilege given by this clause to the Committee on Rules is
    confined to ``action touching rules, joint rules, and order of
    business'' and this committee may not report as privileged a concurrent
    resolution providing for a Senate investigating committee (VIII, 2255),
    or provide for the appointment of a clerk (VIII, 2256); but the
    privilege has been held to include the right to report special orders
    for the consideration of individual bills or classes of bills (V, 6774),
    or the consideration of a specified amendment to a bill and prescribing
    a mode of considering such amendment (VIII, 2258). A special rule
    providing for the consideration of a bill is not invalidated by the fact
    that at the time the rule was reported, the bill was not on the calendar
    (VIII, 2259; Speaker McCormack, Aug. 19, 1964, p. 20212). The authority
    to report special orders of business includes authority to recommend
    consideration of measures and amendments thereto the subject of which
    might be separately pending before a standing committee (Apr. 15, 1986,
    p. 7531); to make in order the consideration of the text of an
    introduced bill as original text in a reported bill (Oct. 9, 1986, p.
    29973); to permit consideration of a previously unnumbered and
    unsponsored measure that comes into existence by virtue of adoption by
    the House of the special order (Speaker O'Neill, Apr. 16, 1986, p.
    7610); to recommend a ``hereby'' resolution, for example, that a
    concurrent resolution correcting the enrollment of a bill be considered
    as adopted by the House upon the adoption of the special order (Speaker
    Wright, May 4, 1988, p. 9865), or that a Senate amendment pending at the
    Speaker's table and otherwise requiring consideration in Committee of
    the Whole under clause 3 of rule XXII (formerly clause 1 of rule XX) be
    ``hereby'' considered as adopted upon adoption of the special order
    (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993, p. 2500); to provide that
    an amendment containing an appropriation in viola

    [[Page 653]]

    tion of clause 4 of rule XXI (formerly clause 5(a)) be considered as
    adopted in the House when the reported bill is under consideration (Feb.
    24, 1993, p. 3542); to provide that an amendment containing an
    appropriation in violation of clause 2 of rule XXI be considered as
    adopted in the House when the reported bill is under consideration (July
    27, 1993, p. 17129); and to provide that a nongermane amendment
    otherwise in violation of clause 7 of rule XVI be considered as adopted
    in the House when the bill is under consideration (Feb. 24, 1993, p.
    3542; July 27, 1993, p. 17129). The Committee on Rules also has reported
    as privileged a joint resolution repealing a statutory joint rule
    (mandatory July adjournment, sec. 132 of the Legislative Reorganization
    Act of 1946) (July 27, 1990, p. 20178). The Committee on Rules has
    reported as privileged a special order of business nearly identical to
    one previously rejected by the House, but held not to constitute
    ``another of the same substance'' within the meaning of the provisions
    in Jefferson's Manual on reconsideration (Sec. 513, supra) because it
    provided a different scheme for general debate (July 27, 1993, p.
    17115).
      A resolution consisting solely of privileged matter, albeit in two
    separate jurisdictions empowered to report at any time under clause
    4(a), has been referred to a primary committee, reported therefrom as
    privileged, referred sequentially, and reported as privileged from the
    sequential committee as well (H. Res. 258, 102d Cong., Nov. 8, 1991, p.
    30979; Nov. 19, 1991, p. 32903).
      The right of the Committee on Appropriations to report at any time is
    confined strictly to general appropriation bills (IV, 4629-4632; VIII,
    2282-2284) and does not include appropriations for specific purposes
    (VIII, 2285). Before privilege was extended to continuing appropriation
    bills (in 1981), the rule was construed not to apply to resolutions
    extending appropriations (VIII, 2282-2284).
      Reports from the Committee on House Administration authorizing
    appropriations from the Treasury directly for compensation of employees
    (IV, 4645) or fixing the salaries of employees are not privileged (VIII,
    2302).
       <> As early as 1835 the necessity of giving
    appropriation bills precedence became apparent, and in 1837 former
    clause 9 of rule XVI was adopted to establish that principle, but was
    deleted in recodification as redundant to this rule. Former clause 4(a)
    of rule XI was amended by the Committee Reform Amendments of 1974,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470) to eliminate the authority of the Committee on Ways and Means to
    report as privileged bills raising revenue, and former clause 9 of rule
    XVI was amended in the 104th Congress (H. Res. 254, Nov. 30, 1995, p.
    35077) to delete as obsolete the reference to bills raising revenue (see
    Sec. 853, supra). However, the privilege to call up general
    appropriation bills in both rules was retained. When both types of
    reports were privileged under the rule before

    [[Page 654]]

    the 94th Congress, motions to consider revenue bills and appropriation
    bills were of equal privilege (IV, 3075, 3076).
      The motion may designate the particular appropriation bill to be
    considered (IV, 3074). The motion is privileged at any time after the
    approval of the Journal (subject to relevant report and hearing
    availability requirements), but only if offered at the direction of the
    committee (July 23, 1993, p. 16820). The motion is in order on District
    Mondays (VI, 716-718; VII, 876, 1123) and takes precedence over the
    motion to resolve into Committee of the Whole House to consider the
    Private Calendar (IV, 3082-3085; VI, 719, 720). The motion could be made
    on a ``suspension day'' as on other days (IV, 3080); and on consent days
    the call of the former Consent Calendar (abolished in the 104th
    Congress) took precedence of the motion (VII, 986). It may not be
    amended (VI, 52, 723), debated (VI, 716), laid on the table, or
    indefinitely postponed (VI, 726), and the previous question may not be
    demanded on it (IV, 3077-3079). Although highly privileged, it may not
    take precedence over a motion to reconsider (IV, 3087), or a motion to
    change the reference of a bill (VII, 2124). The motion is less highly
    privileged than the motion to discharge a committee from further
    consideration of a bill under former clause 3 of rule XXVII (current
    clause 2 of rule XV) (VII, 1011, 1016).

    Privileged reports by the Committee on Rules
      6. (a) <> A report by
    the Committee on Rules on a rule, joint rule, or the order of business
    may not be called up for consideration on the same day it is presented
    to the House except--
          (1) when so determined by a vote of two-thirds of the Members
    voting, a quorum being present;
          (2) in the case of a resolution proposing only to waive a
    requirement of clause 4 or of clause 8 of rule XXII concerning the
    availability of reports; or
          (3) during the last three days of a session of Congress.
      (b) Pending the consideration of a report by the Committee on Rules on
    a rule, joint rule, or

    [[Page 655]]

    the order of business, the Speaker may entertain one motion that the
    House adjourn but may not entertain any other dilatory motion until the
    report shall have been disposed of.
      (c) The Committee on Rules may not report a rule or order that would
    prevent the motion to recommit a bill or joint resolution from being
    made as provided in clause 2(b) of rule XIX, including a motion to
    recommit with instructions to report back an amendment otherwise in
    order, if offered by the Minority Leader or a designee, except with
    respect to a Senate bill or joint resolution for which the text of a
    House-passed measure has been substituted.

      The Committee on Rules, ``by uniform practice of the House,''
    exercised the privilege of reporting at any time as early as 1888. The
    right to report at any time is confined to privileged matters (VIII,
    2255). This was probably the survival of a practice that existed as
    early as 1853 of giving the privilege of reporting at any time to this
    committee for a session (IV, 4650). In 1890 the committee was included
    among the committees whose reports were privileged by rule. The present
    rule (formerly clause 4(b) of rule XI) was adopted in 1892 (IV, 4621)
    and was amended on March 15, 1909. Clause 6(a)(1) (former matter found
    in parentheses in clause 4(b) of rule XI) was adopted January 18, 1924
    (pp. 1139, 1141), and the rule was further amended by the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), to limit its application to reports from
    the Committee on Rules on rules, joint rules, and orders of business. In
    the 94th Congress it was amended to permit the immediate consideration
    of a resolution reported from the Committee on Rules waiving the two-
    hour layover requirement (H. Res. 868, Feb. 26, 1976, p. 4625). In the
    104th Congress the provision was amended to prohibit the Committee on
    Rules from recommending a rule or order that would prevent a motion by
    the Minority Leader or a designee to recommit a bill or joint resolution
    with instructions to report back an amendment otherwise in order except
    in the case of a Senate bill or resolution for which the text of a
    House-passed measure is being substituted (sec. 210, H. Res. 6, Jan. 4,
    1995, p. 468). In the 111th Congress paragraph (c) was amended to remove
    a restriction on the authority of the committee with regard to Calendar
    Wednesday business under clause 6 of rule XV (sec. 2(e), H. Res. 5, Jan.
    6, 2009, p. 7). Before the House recodified its rules

    [[Page 656]]

    in the 106th Congress, this provision was found in former clause 4(b) of
    rule XI (H. Res. 5, Jan. 6, 1999, p. 47). A conforming change to
    paragraph (c) was effected in the 109th Congress (sec. 2(f), H. Res. 5,
    Jan. 4, 2005, p. 43), a technical change to paragraph (b) was effected
    in the 110th Congress (sec. 505(b), H. Res. 6, Jan. 4, 2007, p. 19
    (adopted Jan. 5, 2007)), and a technical change to paragraph (c) was
    effected in the 112th Congress (sec. 2(f), H. Res. 5, Jan. 5, 2011, p.
    80). For rulings under the earlier form of the rule, see Sec. 859,
    infra.
      A privileged report from the Committee on Rules, other than one filed
    during the last three days of a session (Dec. 31, 1970, p. 44292; Jan.
    1, 2013, p. _), may be considered on the same legislative day only by a
    two-thirds vote, but a report properly filed by the committee at any
    time before the convening of the House on the next legislative day may
    be called up for immediate consideration without the two-thirds vote
    requirement (Speaker Albert, July 31, 1975, p. 26243), including a
    report filed during special-order speeches after legislative business on
    that prior legislative day (Oct. 14, 1986, p. 30861), and if the House
    continues in session into a second calendar day and then meets again
    that day, or convenes for two legislative days on the same calendar day,
    any report filed on the first legislative day may be called up on the
    second without the question of consideration being raised (Speaker
    O'Neill, Dec. 16, 1985, p. 36755; Speaker Wright, Oct. 29, 1987, p.
    29937). This clause does not require that a privileged resolution, and
    the report thereon, from the Committee on Rules be printed before it is
    called up for consideration (Speaker O'Neill, Feb. 2, 1977, p. 3344).
      In the case of certain resolutions reported from the Committee on
    Rules, the two-thirds vote requirement for consideration on the same day
    reported does not apply. This clause provides for the immediate
    consideration of a resolution from the Committee on Rules waiving the
    requirement that copies of reports and reported measures be available
    for three days before their consideration, and waiving the requirement
    that copies of conference reports or amendments reported from conference
    in disagreement be available for two hours before their consideration
    (see Aug. 10, 1984, p. 23978).
      Although highly privileged, a report from the Committee on Rules
    yields to questions of privilege (VIII, 3491; Mar. 11, 1987, p. 5403),
    and is not in order after the House has voted to go into Committee of
    the Whole (V, 6781). Also a conference report has precedence over it,
    even when the previous question and the yeas and nays have been ordered
    (V, 6449). Formerly if a report from the Committee on Rules contained
    substantive propositions, a separate vote could be had on each
    proposition (VIII, 2271, 2272, 2274, 3167); but these decisions were
    nullified by the adoption of clause 5(b)(2) of rule XVI (formerly clause
    6). A report from the Committee on Rules takes precedence over a motion
    to consider a measure that is ``highly privileged'' pursuant to a
    statute enacted as an exercise in the rulemaking authority of the House,
    acknowledging the constitutional authority of the House to change its
    rules at any time (Speaker Wright, Mar.

    [[Page 657]]

    11, 1987, p. 5403). Before the House adopts rules, the Speaker may
    recognize a Member to offer for immediate consideration a special order
    providing for the consideration of a resolution adopting the rules (H.
    Res. 5, Jan. 4, 1995, p. 447; H. Res. 5, Jan. 4, 2007, p. 7).
      The Committee on Rules may report and call up as privileged
    resolutions temporarily waiving or altering any rule of the House,
    including statutory provisions enacted as an exercise of the House's
    rulemaking authority that would otherwise prohibit the consideration of
    a bill being made in order by the resolution (Speaker Albert, Mar. 20,
    1975, p. 7676; Mar. 24, 1975, p. 8418), or that would otherwise
    establish an exclusive procedure for consideration of a particular type
    of measure (Speaker O'Neill, Apr. 16, 1986, p. 7610; Speaker Wright,
    Mar. 11, 1987, p. 5403). No rule of the House precludes the Committee on
    Rules from reporting a special order making in order specified
    amendments that have not been preprinted as otherwise required by an
    announced policy of that committee (Oct. 23, 1991, p. 28097). No point
    of order lies against a resolution reported from the Committee on Rules
    that waives points of order against a measure or provides special
    procedures for its consideration, if no law constituting a rule of the
    House prohibits consideration of such a resolution (resolution providing
    for consideration of a budget resolution, where a statute (P.L. 96-389)
    reaffirmed congressional commitment to balanced Federal budgets but did
    not dictate what legislation could be considered or otherwise constitute
    a rule of the House) (June 10, 1982, p. 13353).
      For a discussion of the Speaker's announced policy with respect to
    entertaining unanimous-consent requests in the House to alter a special
    order of business previously adopted by the House, see Sec. 956, infra.
    For a discussion of the unanimous-consent requests that may not be
    entertained in the Committee of the Whole if their effect is to
    materially modify procedures required by a special order of business
    adopted by the House, see Sec. 993, infra.
      In <> the later
    practice it has been held that the question of consideration may not be
    raised against a report from the Committee on Rules (V, 4961-4963; VIII,
    2440, 2441). The clause forbidding dilatory motions has been construed
    strictly (V, 5740-5742), and in the later practice the following have
    been excluded: (1) the motion to commit after the ordering of the
    previous question (V, 5593-5601; VIII, 2270, 2750; Feb. 22, 1984, p.
    2965); (2) an appeal from the Chair's decision not to entertain the
    question of consideration or a motion to lay the pending resolution on
    the table (V, 5739); and (3) the motion to postpone to a day certain
    (Oct. 9, 1986, p. 29972). A motion to reconsider the vote on ordering
    the previous question has been held not dilatory (V, 5739). Before
    debate has begun on a report from the Committee on Rules, a question of
    the privileges of the House takes precedence (VIII, 3491; Mar. 11, 1987,
    p. 5403). In the event that the previous question is rejected on a
    privileged resolution from the Committee on Rules, the provisions of
    clause 6(b) prohibiting ``dilatory'' motions no longer strictly

    [[Page 658]]

    apply; the resolution is subject to proper amendment, further debate, or
    a motion to table or refer, and the Member who led the opposition to the
    previous question is accorded priority in recognition (Oct. 19, 1966,
    pp. 27713, 27725-29; May 29, 1980, pp. 12667-78), subject to being
    preempted by a preferential motion offered by another Member (Aug. 13,
    1982, pp. 20969, 20975-78). The member of the Committee on Rules calling
    up a privileged resolution on behalf of the committee may offer an
    amendment thereto without specific authorization from the committee
    (Sept. 25, 1990, p. 25575). A motion to table such a pending amendment
    is dilatory and not in order under this provision, but the motion to
    reconsider the vote on ordering the previous question on the rule and
    amendment thereto is not (see V, 5739; Sept. 25, 1990, p. 25575), and
    may be laid on the table without carrying with it the resolution itself
    (Sept. 25, 1990, p. 25575). Only one motion to adjourn is admissible
    during the consideration of a report from the Committee on Rules (July
    23, 1997, pp. 15366, 15374; Mar. 11, 2008, p. 3740) and may be offered
    immediately after the reading of the resolution (Mar. 20, 2002, pp.
    3671, 3672; June 24, 2009, pp. 16078, 16079) but may not be made when
    another Member has the floor (Sept. 27, 1993, p. 22608). If the House
    adjourns during the consideration of a report from the Committee on
    Rules, further consideration of the report becomes the unfinished
    business on the following day, and debate resumes from the point where
    interrupted (Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 22719). The
    Chair has held that a virtually consecutive invocation of former rule
    XXX (current clause 6 of rule XVII), resulting in a second pair of votes
    on use of a chart and on reconsideration thereof, was not dilatory under
    this clause (or former clause 10 of rule XVI (current clause 1 of rule
    XVI)) (July 31, 1996, p. 20693). In the 107th Congress clause 6 of rule
    XVII was amended to render the Chair's recognition for a motion on the
    use of charts completely discretionary (see Sec. 963, infra).
      A motion to recommit a special rule from the Committee on Rules is not
    in order (VIII, 2270, 2753).
      From <> 1934 until the amendment to this provision in the 104th
    Congress (sec. 210, H. Res. 6, Jan. 4, 1995, p. 468), it was
    consistently held that the Committee on Rules could recommend a special
    order that limited, but did not totally prohibit, a motion to recommit
    pending passage of a bill or joint resolution, as by precluding the
    motion from containing instructions relating to specified amendments
    (Speaker Rainey, Jan. 11, 1934, pp. 479-83 (sustained on appeal)); or by
    omitting to preserve the availability of amendatory instructions in the
    case that the bill is entirely rewritten by the adoption of a substitute
    made in order as original text (Speaker Foley, June 4, 1991, p. 13170;
    Speaker Foley, Nov. 25, 1991, p. 34460); or by expressly allowing only a
    simple (``straight'') motion to recommit (without instructions) (Oct.
    16, 1990, p. 29657 (sustained by tabling of appeal); Feb. 26, 1992, p.
    3441 (sustained by tabling of appeal); May 7, 1992, p. 10586 (sustained
    by tabling of appeal); June 16, 1992, p. 14973

    [[Page 659]]

    (sustained by tabling of appeal); Nov. 21, 1993, p. 31544; Nov. 22,
    1993, p. 31815). A special order providing for consideration of a bill
    under suspension of the rules does not prevent a motion to recommit from
    being made ``as provided in clause 4 of rule XVI,'' i.e., after the
    previous question is ordered on passage, a procedure not applicable to a
    motion to suspend the rules (VIII, 2267; Speaker Foley, June 21, 1990,
    p. 15229). See Deschler, ch. 21, Sec. 26.11; see generally Deschler, ch.
    23, Sec. 25.
      The caveat against including in a special order matter privileged to
    be reported by another committee (Deschler, ch. 21, Sec. 17.13) does not
    extend to a ``hereby'' resolution (e.g., a special order providing that
    a concurrent resolution correcting the enrollment of a bill within the
    jurisdiction of another committee be considered as adopted by the House
    upon the adoption of the special order), so long as not precluding the
    motion to recommit a bill or joint resolution (Speaker Wright, May 4,
    1988, p. 9865).
      The Committee on Rules has reported special rules to dispose of Senate
    amendments that have ordered the previous question to adoption without
    intervening motion. At this stage the special order need not preserve
    (under clause 6(c) of rule XIII) the motion to recommit (as provided in
    clause 2(b) of rule XIX) because the bill is not at the stage of initial
    passage. For an exchange of correspondence between the chair and ranking
    minority member of the Committee on Rules regarding this practice, see
    January 24, 1996, pp. 1228, 1229.
      A special order of business reported by the Committee on Rules
    directing the Clerk to refrain from certifying an enrollment pending the
    resolution of a given contingency does not violate clause 2(d)(2) of
    rule II (Apr. 13, 2011, p. 5873).
      The <> Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat.
    48) added a new part B to title IV of the Congressional Budget Act of
    1974 (2 U.S.C. 658-658g) that imposes several requirements on committees
    with respect to ``Federal mandates'' (secs. 423, 424; 2 U.S.C. 658b,
    658c), establishes points of order to permit separate votes on whether
    to enforce those requirements (sec. 425; 2 U.S.C. 658d), and permits a
    vote on the consideration of a rule or order waiving such points of
    order (sec. 426(a); 2 U.S.C. 658e(a)). See Sec. 1127, infra.
      Clause 9 of rule XXI establishes a point of order against
    consideration of certain measures for failure to disclose (or disclaim
    the presence of) certain earmarks, tax benefits, and tariff benefits
    (paragraphs (a) and (b)), and permits a vote on the question of
    consideration of a rule or order waiving such points of order (paragraph
    (c)). See Sec. 1068d, infra.

      (d) <> The Committee on Rules shall
    present to the House reports concerning rules, joint rules, and the
    order of business, within three legislative days of the time

    [[Page 660]]

    when they are ordered. If such a report is not considered immediately,
    it shall be referred to the calendar. If such a report on the calendar
    is not called up by the member of the committee who filed the report
    within seven legislative days, any member of the committee may call it
    up as a privileged question on the day after the calendar day on which
    the member announces to the House intention to do so. The Speaker shall
    recognize a member of the committee who rises for that purpose.
      (e) An adverse report by the Committee on Rules on a resolution
    proposing a special order of business for the consideration of a public
    bill or public joint resolution may be called up as a privileged
    question by a Member, Delegate, or Resident Commissioner on a day when
    it is in order to consider a motion to discharge committees under clause
    2 of rule XV.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in one paragraph, former paragraph (c) of clause 4
    of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). What is now paragraph (d)
    was initially adopted January 18, 1924, and was amended on January 6,
    1987 (H. Res. 5, p. 6) (requiring one calendar day's notice before
    calling up a special order eligible under the rule). A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7). What is now paragraph (e) was amended December 8,
    1931 (VIII, 2268), January 3, 1949 (p. 16) (establishing the so-called
    ``21-day rule''), January 3, 1951 (p. 18) (abolishing the ``21-day
    rule''), January 4, 1965 (p. 24) (reestablishing the ``21-day rule''),
    January 10, 1967 (H. Res. 7, p. 28) (abolishing the ``21-day rule'').
    Technical changes to this provision were effected on January 3, 1975 (H.
    Res. 988, Oct. 8, 1974, p. 34470). A special order reported from the
    Committee on Rules and not called up within seven legislative days may
    be called up by any member of that committee, including a minority
    member (Nov. 13, 1979, p. 32185; May 6, 1982, p. 8905).

    [[Page 661]]

      (f) <> If the House has adopted a
    resolution making in order a motion to consider a bill or resolution,
    and such a motion has not been offered within seven calendar days
    thereafter, such a motion shall be privileged if offered by direction of
    all reporting committees having initial jurisdiction of the bill or
    resolution.

      This provision was contained in section 109 of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and became part of the rules
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(l)(7) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). In
    modern practice, this subparagraph is normally inapplicable in light of
    clause 2(b) of rule XVIII, which provides for the House resolving into
    the Committee of the Whole by declaration of the Speaker pursuant to a
    special order of business rather than by adoption of a motion.

      (g) <> Whenever the Committee on
    Rules reports a resolution providing for the consideration of a measure,
    it shall to the maximum extent possible specify in the accompanying
    report any waiver of a point of order against the measure or against its
    consideration.

      This provision was adopted in the 104th Congress (sec. 211, H. Res. 6,
    Jan. 4, 1995, p. 468). It was amended in the 113th Congress to shift the
    specification of any waiver from the resolution to the accompanying
    report (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 4(e) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).

    Resolutions of inquiry
      7. A <> report on a resolution of
    inquiry addressed to the head of an executive department may be filed
    from the floor as privileged. If such a resolution is not reported to
    the House within 14 legislative days after its introduction, a motion to
    discharge a

    [[Page 662]]

    committee from its consideration shall be privileged.

      The House has exercised the right, from its earliest days, to call on
    the President and heads of departments for information. The first rule
    on the subject was adopted in 1820 for the purpose of securing greater
    care and deliberation in the making of requests. The present form of the
    rule, in its essential features, dates from 1879 (III, 1856), although
    the time period for a committee to report was extended from one week to
    14 legislative days in the 98th Congress (H. Res. 5, Jan. 3, 1983, p.
    34). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 5 of rule XXII (H. Res. 5, Jan. 6,
    1999, p. 47).
      Resolutions of <> inquiry are usually simple rather than concurrent in
    form (III, 1875), and are never joint resolutions (III, 1860). A
    resolution authorizing a committee to request information has been
    treated as a resolution of inquiry (III, 1860). It has been considered
    proper to use the word ``request'' in asking for information from the
    President and ``direct'' in addressing the heads of departments (III,
    1856, footnote, 1895). It is usual for the House in calling on the
    President for information, especially with relation to foreign affairs,
    to use the qualifying clause ``if not incompatible with the public
    interest'' (II, 1547; III, 1896-1901; V, 5759; VI, 436). But in some
    instances the House has made its inquiries of the President without
    condition, and has even made the inquiry imperative (III, 1896-1901).
    Resolutions of inquiry are delivered under direction of the Clerk (III,
    1879) and are answered by subordinate officers of the Government either
    directly or through the President (III, 1908-1910).
      The practice of <> the House gives to resolutions of inquiry a privileged
    status. Thus, they are privileged for report and consideration at any
    time after their reference to a committee (III, 1870; VI, 413, 414), but
    not before (III, 1857), and are in order for consideration only on
    motion directed to be made by the committee reporting the same (VI, 413;
    VIII, 2310). They are privileged for consideration on ``suspension
    days'' (except on Calendar Wednesday (VII, 896-898)) and took precedence
    of the former Consent Calendar (VI, 409) before its abolishment in the
    104th Congress (H. Res. 168, June 20, 1995, p. 16574). Only resolutions
    addressed to the President and the heads of the executive departments
    have the privilege (III, 1861-1864; VI, 406). To enjoy the privilege a
    resolution should call for facts rather than opinions (III, 1872, 1873;
    VI, 413, 418-432; July 7, 1971, pp. 23810-11), should not require
    investigations (III, 1872-1874; VI, 422, 427, 429, 432), and should not
    present a preamble (III, 1877, 1878; VI, 422, 427); but if a resolution
    on its face calls for facts, the Chair will not investigate the
    probability of the existence of the facts called for (VI, 422). However,
    a resolution inquiring for such facts as would inevitably require

    [[Page 663]]

    the statement of an opinion to answer such inquiry is not privileged
    (Speaker Longworth, Feb. 11, 1926, p. 3805).
      Questions of privilege (as distinguished from privileged questions)
    have sometimes arisen in cases wherein the head of a department has
    declined to respond to an inquiry and the House has desired to demand a
    further answer (III, 1891; VI, 435); but a demand for a more complete
    reply (III, 1892) or a proposition to investigate as to whether or not
    there has been a failure to respond may not be presented as involving
    the privileges of the House (III, 1893).
      Committees are <> required to report resolutions of inquiry back
    to the House within a prescribed timeframe (formerly one week, now 14
    legislative days) (VIII, 3368; Speaker Rayburn, Feb. 9, 1950, p. 1755)
    exclusive of the day of introduction and the day of discharge (III,
    1858, 1859). If a committee refuses or neglects to report the resolution
    back, the House may reach the resolution only by a motion to discharge
    the committee (III, 1865). The ordinary motion to discharge a committee
    is not privileged (VIII, 2316); but the practice of the House has given
    privilege to the motion in cases of resolutions of inquiry (III, 1866-
    1870). And this motion to discharge is privileged at the end of the time
    period, though the resolution may have been delayed in reaching the
    committee (III, 1871). The motion to discharge is not debatable (III,
    1868; VI, 415). However, if the motion is agreed to, the resolution is
    debatable under the hour rule unless the previous question is ordered
    (VI, 416, 417). If a committee reports a privileged resolution of
    inquiry (favorably or adversely), it may then be called up only by an
    authorized member of the reporting committee and not by another Member
    of the House (VI, 413; VIII, 2310). The Member calling up a privileged
    resolution of inquiry reported from committee is recognized to control
    one hour of debate and may move to lay the resolution on the table
    before or after that time (July 7, 1971, pp. 23807-10; Oct. 20, 1971,
    pp. 37055-57).
      The President <> having failed to respond to a resolution of inquiry,
    the House respectfully reminded him of the fact (III, 1890). In 1796 the
    House declared that its constitutional requests of the Executive for
    information need not be accompanied by a statement of purposes (II,
    1509). As to the kind of information that may be required, especially as
    to the papers that may be demanded, there has been much discussion (III,
    1700, 1738, 1888, 1902, 1903; VI, 402, 435). There have been several
    conflicts with the Executive (II, 1534, 1561; III, 1884, 1885-1889,
    1894) over demands for papers and information, especially when the
    resolutions have called for papers relating to foreign affairs (II,
    1509-1513, 1518, 1519).

    [[Page 664]]

    Estimates of major legislation
      8. (a) <> An estimate provided
    by the Congressional Budget Office under section 402 of the
    Congressional Budget Act of 1974 for any major legislation shall, to the
    extent practicable, incorporate the budgetary effects of changes in
    economic output, employment, capital stock, and other macroeconomic
    variables resulting from such legislation.
      (b) An estimate provided by the Joint Committee on Taxation to the
    Director of the Congressional Budget Office under section 201(f) of the
    Congressional Budget Act of 1974 for any major legislation shall, to the
    extent practicable, incorporate the budgetary effects of changes in
    economic output, employment, capital stock, and other macroeconomic
    variables resulting from such legislation.
      (c) An estimate referred to in this clause shall, to the extent
    practicable, include--
          (1) a qualitative assessment of the budgetary effects (including
    macroeconomic variables described in paragraphs (a) and (b)) of such
    legislation in the 20-fiscal year period beginning after the last fiscal
    year of the most recently agreed to concurrent resolution on the budget
    that set forth appropriate levels required by section 301 of the
    Congressional Budget Act of 1974; and
          (2) an identification of the critical assumptions and the source
    of data underlying that estimate.
      (d) As used in this clause--

    [[Page 665]]

          (1) the term ``major legislation'' means any bill or joint
    resolution--
          (A) for which an estimate is required to be prepared pursuant to
    section 402 of the Congressional Budget Act of 1974 and that causes a
    gross budgetary effect (before incorporating macroeconomic effects) in
    any fiscal year over the years of the most recently agreed to concurrent
    resolution on the budget equal to or greater than 0.25 percent of the
    current projected gross domestic product of the United States for that
    fiscal year; or
          (B) designated as such by the chair of the Committee on the Budget
    for all direct spending legislation other than revenue legislation or
    the Member who is chair or vice chair, as applicable, of the Joint
    Committee on Taxation for revenue legislation; and
          (2) the term ``budgetary effects'' means changes in revenues,
    outlays, and deficits.

      This clause was added in the 114th Congress (sec. 2(c), H. Res. 5,
    Jan. 6, 2015, p. _). For former provisions on macroeconomic analysis,
    see Sec. 849a, supra.

                                    Rule XIV

                         order and priority of business

      1. The daily order of business (unless varied by the application of
    other rules and except for the disposition of matters of higher
    precedence) shall be as follows:

    [[Page 666]]

    <>
    First. Prayer by the Chaplain. l  Second. Reading and approval of the
    Journal, unless postponed under clause 8 of rule XX.
      Third. The Pledge of Allegiance to the Flag.
      Fourth. Correction of reference of public bills.
      Fifth. Disposal of business on the Speaker's table as provided in
    clause 2.
      Sixth. Unfinished business as provided in clause 3.
      Seventh. The morning hour for the consideration of bills called up by
    committees as provided in clause 4.
      Eighth. Motions that the House resolve into the Committee of the Whole
    House on the state of the Union subject to clause 5.
      Ninth. Orders of the day.

      Originally the House had no rule prescribing an order of business, but
    certain simple usages were gradually established by practice before the
    first rule on the subject was adopted in 1811. The rule was amended
    frequently to arrange the business to give the House as much freedom as
    possible in selecting for consideration and completing the consideration
    of the bills that it deems most important. The basic form of the rule
    has been in place since 1890 (IV, 3056). The 98th Congress made a
    conforming change to the second order of business relating to the
    postponement of the vote on approval of the Journal (H. Res. 5, Jan. 3,
    1983, p. 34). The 104th Congress added the present third order of
    business respecting the Pledge of Allegiance (sec. 218, H. Res. 6, Jan.
    4, 1995, p. 468). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1 of rule XXIV (H.
    Res. 5, Jan. 6, 1999, p. 47). A correction to a cross reference was
    effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p.
    26).
      The Speaker does not entertain a point of no quorum before the prayer
    is offered (VI, 663). Under clause 7 of rule XX, a point of no quorum
    may not be entertained unless a question is pending (see Sec. 1027,
    infra).
      In response to serial parliamentary inquiries regarding the pledge of
    allegiance to the flag, the Chair advised that (1) under clause 1 of
    rule XIV, the third element of the daily order of business is the Pledge
    of Allegiance; (2) section 4 of title 4, United States Code, prescribes
    the text of

    [[Page 667]]

    the pledge; (3) when the pledge is delivered as the third element of the
    daily order of business, the Record reflects the pledge in its statutory
    form; and (4) the statute prescribes the manner of delivery of the
    pledge (Apr. 27, 2004, pp. 7588, 7600).
      This rule <> does not bind the House to a daily routine
    because the system of making certain important subjects privileged (see
    clause 5 of rule XIII and rule XXII) permits the interruption of the
    order of business by matters that, in fact, often supplant it entirely
    for days at a time. In the 106th Congress the recodification
    acknowledged in the parenthetical of this clause that the prescribed
    daily order of business could be superseded by operation of other rules
    (H. Res. 5, Jan. 6, 1999, p. 47). But when the order of business is
    interrupted by a privileged matter, the business in order proceeds from
    the place of interruption (IV, 3070, 3071) unless the House adjourns, in
    which case it starts anew with the prayer. Although privileged matters
    may interrupt the order of business, they may do so only with the
    consent of a majority of the House, expressed as to appropriation bills
    by the vote on resolving into the Committee of the Whole to consider
    such bills, and as to matters like conference reports, questions of
    privilege, etc., by raising and voting on the question of consideration.
    The only exceptions to the principle that a majority may prevent
    interruption are contained in clauses 5 and 7 of rule XV, providing for
    a call of the Private Calendar on the first Tuesday of each month and a
    call of committees on Wednesdays. By this combination of an order of
    business with privileged interruptions the House gives precedence to its
    most important business without at the same time losing the power by
    majority vote to go to any other bills on its calendars.
    <>   The privileged matters that may interrupt the order of
    business include: l  (1) General appropriation bills (clause 5 of rule
    XIII; IV, 3072). l  (2) Conference reports (clause 7(a) of rule XXII; V,
    6443) and motions to discharge or instruct conferees (clause 7(c) of
    rule XXII).
      (3) Special orders reported by the Committee on Rules for
    consideration by the House (clause 5 of rule XIII; IV, 3070-3076, 4621).
      (4) Consideration of amendments between the Houses after the stage of
    disagreement (IV, 3149, 3150).
      (5) Questions of privilege (rule IX; III, 2521).
      (6) Privileged bills reported under the right to report at any time
    (clauses 5 and 7 of rule XIII; IV, 3142-3144, 4621).
      (7) Call of committees on Wednesdays for bills on House and Union
    Calendars (clause 6 of rule XV).
      (8) Private business on Tuesday (clause 5 of rule XV).

    [[Page 668]]

      (9) Motions on the second and fourth Mondays of the month to discharge
    committees on public bills and resolutions (clause 2 of rule XV), and
    consideration of District of Columbia business (clause 4 of rule XV; IV,
    3304).
      (10) Motions to suspend the rules and pass bills out of the regular
    order (clause 1 of rule XV; V, 6790).
      (11) Bills coming over from a previous day with the previous question
    ordered (V, 5510-5517).
      (12) Bills returned with the objections of the President (IV, 3534-
    3536).
      (13) Motions to send a bill to conference (under clause 1 of rule
    XXII; Aug. 1, 1972, p. 26153).
      In addition to these matters, the House by practice permits its order
    of business to be interrupted, at the discretion of the Speaker, for the
    reception of messages (V, 6602). Before the 104th Congress, addressing
    the House out of order by unanimous consent, the Speaker announced that
    on at least two subsequent days he would recognize designated Members
    after approval of the Journal to lead the House in the Pledge of
    Allegiance to the Flag (Speaker Wright, Sept. 9, 1988, p. 23310).
    Requests of Members for leaves of absence are in practice put before the
    House at the time of adjournment (IV, 3151).
      When the <> House has no rule establishing
    an order of business, as at the beginning of a session before the
    adoption of rules, it is in order for any Member who is recognized by
    the Chair to offer a proposition relating to the order of business
    without asking consent of the House (IV, 3060). But after the adoption
    of the rule for the order of business, interruptions are confined to
    matters privileged to interrupt or to cases wherein the House gives
    unanimous consent for an interruption. A request for unanimous consent
    to consider a bill is in effect a request to suspend the order of
    business temporarily (IV, 3059). Therefore any Member, including the
    Chair, may object, or reserve the right to object and inquire, for
    example, about the reasons for the request, or demand the ``regular
    order'' (IV, 3058). Debate under a reservation of objection proceeds at
    the sufferance of the House and may not continue after a demand for the
    regular order (see, e.g., Speaker Foley, Nov. 14, 1991, p. 32128; Dec.
    15, 1995, p. 37142; Nov. 7, 2009, p. 27190). A Member objecting to a
    unanimous-consent request or demanding the regular order when another
    has reserved the right to object must stand to be observed by the Chair
    (Nov. 7, 1991, p. 30633; June 23, 1992, p. 15703). The Speaker, however,
    usually signifies objection by declining to put the request of the
    Member, thus saving the time of the House. The Speaker's guidelines for
    recognition for unanimous-consent requests for consideration of
    unreported measures are issued pursuant to clause 2 of rule XVII and are
    discussed in Sec. 956, infra. The request for unanimous consent began to
    be used about 1832 when the House first felt a pressure of business and
    the necessity of adhering to a fixed order (IV, 3155-3159). In 1909, by
    the adoption of former clause 4 of rule XIII, a Consent Calendar was
    established, which was abolished

    [[Page 669]]

    in the 104th Congress (H. Res. 168, June 20, 1995, p. 16574). For
    discussion of unanimous-consent requests and reservations of objections,
    see Sec. 956, infra. Unanimous consent for the immediate consideration
    of a measure in the House does not preclude a demand for a record vote
    when the Chair puts the question on final passage, because it merely
    permits consideration of a matter not otherwise privileged (Dec. 16,
    1987, p. 35816).

      2. Business on the Speaker's table <> shall be disposed of as follows:
          (a) Messages from the President shall be referred to the
    appropriate committees without debate.
          (b) Communications addressed to the House, including reports and
    communications from heads of departments and bills, resolutions, and
    messages from the Senate, may be referred to the appropriate committees
    in the same manner and with the same right of correction as public bills
    and public resolutions presented by Members, Delegates, or the Resident
    Commissioner.
          (c) Motions to dispose of Senate amendments on the Speaker's table
    may be entertained as provided in clauses 1, 2, and 4 of rule XXII.
          (d) Senate bills and resolutions substantially the same as House
    measures already favorably reported and not required to be considered in
    the Committee of the Whole House on the state of the Union may be
    disposed of by motion. Such a motion shall be privileged if offered by
    direction of all reporting committees having initial jurisdiction of the
    House measure.

    [[Page 670]]

      A rule to govern disposition of business on the Speaker's table (to be
    distinguished from the table of the House, which is the Clerk's table)
    was adopted in 1832. In 1880 and 1885 efforts were made to modify the
    rule so as to prevent delays in business on the Speaker's table, but it
    was not until 1890 that the present rule was adopted (IV, 3089). Before
    the House recodified its rules in the 106th Congress, this provision and
    clause 2 of rule XXII occupied a single clause (formerly clause 2 of
    rule XXIV) (H. Res. 5, Jan. 6, 1999, p. 47).
      Such <> portions of messages from the Senate as
    require action by the House, messages from the President except those
    transmitting objections to bills (IV, 3534-3536), and communications and
    reports from the heads of departments go to the Speaker's table when
    received, to be disposed of under this rule. Simple resolutions of the
    Senate that do not require any action by the House are not referred
    (VII, 1048). Messages from the President are referred. Such portions of
    Senate messages (House bills with Senate amendments) that do not require
    consideration in Committee of the Whole may be laid before the House for
    action. Communications from the President, other than messages; all
    portions of Senate messages requiring consideration in Committee of the
    Whole (IV, 3101); and Senate bills of all kinds (with the exception
    noted in the rule) may be referred to the appropriate standing
    committees under direction of the Speaker without action by the House
    (IV, 3107, 3111; VI, 727). Under clause 2 of former rule XXIV (current
    rule XIV), the Speaker may temporarily retain custody of an executive
    communication addressed to the Speaker (or may pursuant to former clause
    1 of rule IV (current clause 3(a) of rule II) order the Sergeant-at-Arms
    to assume custody) pending House disposition of a special order reported
    from the Committee on Rules relating to a referral of the communication
    to committee (Sept. 9, 1998, p. 19769).
      A House bill returned with Senate amendments involving a new matter of
    appropriation, whether with or without a request for a conference, may
    be referred directly to a standing committee (VI, 731), and on being
    reported therefrom is referred directly to the Committee of the Whole
    (IV, 3094, 3095, 3108-3110). However, the usual practice is to take the
    bill from the Speaker's table and concur, concur with an amendment, or
    send to conference by unanimous consent, special rule, or suspension of
    the rules (VI, 732) (although a motion to send to conference may be
    privileged under clause 1 of rule XXII). The Speaker's authority under
    this clause includes the discretionary authority to refer from the
    Speaker's table Senate amendments to House-passed bills, to standing
    committees, under any conditions permitted under current clause 2 of
    rule XII (formerly clause 5 of rule X) for referral of introduced bills;
    the Speaker may for example impose a time limitation for consideration
    only of a portion of the Senate amendment, not germane to the original
    House bill, by the standing committee with subject-matter jurisdiction,
    without referring the remainder of the

    [[Page 671]]

    Senate amendment to the House committee with jurisdiction over the
    original House bill (Speaker O'Neill, H.R. 31, Mar. 26, 1981, p. 5397).
    The Speaker announced his policy regarding referral of nongermane Senate
    amendments to committee (Jan. 3, 1983, p. 54; Jan. 6, 1987, p. 21); and
    his policy regarding recognition for unanimous-consent requests to
    dispose of Senate amendments at the Speaker's table (Apr. 26, 1984, p.
    10194; Feb. 4, 1987, p. 2676) discussed in Sec. 956, infra. A Senate
    bill to come before the House directly from the table must conform to
    the conditions prescribed by the rule (IV, 3098, 3099; VI, 727, 734,
    737), and must have come to the House after and not before the House
    bill ``substantially the same'' and not involving an expenditure (IV,
    3103) has been placed on the House Calendar (IV, 3096; VI, 727, 736,
    738) or Private Calendar (IV, 3102). In the event the House bill has
    passed before the Senate bill is received, the Senate bill may
    nevertheless be disposed of on motion directed by the committee (VI,
    734, 735). The House bill must be correctly on the House Calendar (VI,
    736). In determining whether the House bill is substantially the same as
    the Senate bill, amendments recommended by the House committee must be
    considered (VI, 734, 736). The rule applies to private as well as to
    public Senate bills (IV, 3101), and to concurrent resolutions as well as
    to bills (IV, 3097). Although a committee must authorize the calling up
    of the Senate bill (VI, 739), the actual motion need not be made by a
    member of the committee (IV, 3100). The authority of a committee to call
    up a bill must be given at a formal meeting of the committee (VIII,
    2211, 2212, 2222).
      A <> message of the President on the Speaker's table is
    regularly laid before the House only at the time prescribed by the order
    of business (V, 6635-6638). Although it is always read in full and
    entered on the Journal and the Congressional Record (V, 6963), the
    accompanying documents are not read on demand of a Member or entered in
    the Journal or Record (V, 5267-5271; VII, 1108). The annual message of
    the President is usually referred to the Committee of the Whole House on
    the state of the Union by the House on motion (V, 6631). In the earlier
    practice it was distributed to appropriate standing committees by
    resolutions reported from the Committee on Ways and Means (V, 6621,
    6622) but since the first session of the 64th Congress the practice has
    been discontinued (VIII, 3350). A portion of the annual message has been
    referred directly to a select committee (V, 6628). A message other than
    an annual message is usually referred directly to a standing committee
    by direction of the Speaker (IV, 4053; VIII, 3346), but may be referred
    by the House itself on motion by a Member (V, 6631; VIII, 3348), and
    such motion is privileged (VIII, 3348). The referral may be to a select
    as well as to a standing committee (V, 6633, 6634).

    [[Page 672]]

      3. <> Consideration of
    unfinished business in which the House may have been engaged at an
    adjournment, except business in the morning hour and proceedings
    postponed under clause 8 of rule XX, shall be resumed as soon as the
    business on the Speaker's table is finished, and at the same time each
    day thereafter until disposed of. The consideration of all other
    unfinished business shall be resumed whenever the class of business to
    which it belongs shall be in order under the rules.

      The first rule relating to unfinished business was adopted in 1794.
    Changes were made in 1860 and 1880, but the rule finally became
    unsatisfactory, because of delays caused by it, and in 1890 the present
    form was adopted (IV, 3112). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 3 of rule
    XXIV (H. Res. 5, Jan. 6, 1999, p. 47). A clerical correction to a cross
    reference was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan.
    3, 2001, p. 26).
      This <> clause should be understood in light of clause 8 of rule XX,
    which permits the Chair to postpone record votes on certain questions to
    a designated time within two legislative days (see Sec. 1030, infra).
    The ``business in which the House may be engaged at an adjournment''
    means, literally, business in the House, as distinguished from the
    Committee of the Whole; and it further means business in which the House
    is engaged in its general legislative time, as distinguished from the
    special periods set aside for classes of business, like the morning hour
    for calls of committee, Tuesdays for private bills, etc. In general, all
    business unfinished in the general legislative time goes over as
    unfinished business under the rule, but there are a few exceptions.
    Thus, a motion relating to the order of business does not recur as
    unfinished business on a succeeding day, even though the yeas and nays
    may have been ordered on it (IV, 3114). The question of consideration,
    also, when not disposed of at an adjournment, does not recur as
    unfinished business on a succeeding day (V, 4947, 4948), but may be
    again raised on a subsequent day when the matter is again called up as
    unfinished business (VIII, 2438). If the House adjourns during the
    consideration of a report from the Committee on Rules, further
    consideration of the report becomes the unfinished business on the
    following day, and debate resumes from the point where interrupted
    (Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 22719). When the House
    adjourns on the second legislative day after postponement of a question
    under clause 8 of rule XX without resuming proceedings thereon, the
    question remains unfin

    [[Page 673]]

    ished business on the next legislative day (Oct. 1, 1997, p. 20922; Oct.
    2, 1997, p. 20991). When the House adjourns while a motion to instruct
    under clause 7(c) of rule XXII is pending, the motion to instruct
    becomes unfinished business on the next day and does not need to be
    renoticed (Oct. 1, 1997, p. 20894).
      When the <> House
    adjourns before voting on a proposition on which the previous question
    has been ordered, either directly or by the terms of a special order
    (IV, 3185), the matter comes up the next day as unfinished business (V,
    5510-5517; VIII, 2691; Aug. 2, 1989, p. 18187). If several bills come
    over in this situation, they have precedence in the order in which the
    several motions for the previous question were made (V, 5518). When the
    previous question is ordered on a bill undisposed of at adjournment on
    Friday, the bill comes up for disposition on the next legislative day
    (VIII, 2694). A bill going over from Calendar Wednesday with the
    previous question ordered on it should be disposed of on the next
    legislative day (VII, 967). A bill coming over from a preceding day with
    the previous question ordered was of equal privilege with business on
    the former Consent Calendar (VII, 990).
      The rule <> excepts by its terms certain classes of
    business that are considered in periods set apart for classes of
    business, viz: l  (a) Bills considered in the morning hour and on
    Calendar Wednesday for the call of committees. l  (b) Bills in Committee
    of the Whole.
      (c) Private bills considered on Tuesdays.
      (d) District of Columbia bills.
      (e) Bills brought up under the rule setting apart days for motions to
    suspend the rules, motions to discharge committees, and bills under
    consideration after a committee has been discharged.
      A bill brought up in the morning hour and undisposed of when the call
    ceases for the day remains as unfinished business in the morning hour
    (IV, 3113, 3120), i.e., it is considered when the House next goes to a
    call of committees. Business unfinished when the Committee of the Whole
    rises remains unfinished, to be considered first in order when the House
    next goes into Committee of the Whole to consider that business (IV,
    4735, 4736).
      On District of Columbia day business unfinished on the preceding
    District day is in order for consideration, but does not come before the
    House unless called up (IV, 3307; VII, 879). Unless postponed under
    clause 8 of rule XX, a motion to suspend the rules that is undisposed of
    on one suspension day goes over as unfinished business to the next
    suspension day, individual motions going over to a committee day, and
    vice versa (V, 6814-6816; VII, 1005; VIII, 3411, 3412).

    [[Page 674]]

      4. After the <> unfinished business has been disposed of, the Speaker
    shall call each standing committee in regular order and then select
    committees. Each committee when named may call up for consideration a
    bill or resolution reported by it on a previous day and on the House
    Calendar. If the Speaker does not complete the call of the committees
    before the House passes to other business, the next call shall resume at
    the point it left off, giving preference to the last bill or resolution
    under consideration. A committee that has occupied the call for two days
    may not call up another bill or resolution until the other committees
    have been called in their turn.

      The morning hour is one of the oldest devices of the rules for
    devoting an early portion of the session to a specific class of
    business. Until 1885 it was the hour for the reception of reports from
    committees. In 1890 it was provided that reports should be filed with
    the Clerk, and the morning hour was by this rule devoted to a call of
    committees for the consideration of House Calendar bills (IV, 3181).
    Since the adoption of the Calendar Wednesday rule (clause 6 of rule XV),
    the morning hour has been used but rarely. Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 4 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47).
      Originally the <> morning hour was a fixed period of 60 minutes (IV, 3118); but
    under the present rule it does not terminate until the call is exhausted
    or until the House adjourns (IV, 3119), unless the House on motion made
    at the end of 60 minutes votes to go into Committee of the Whole House
    on the state of the Union (clause 5 of rule XIV; IV, 3134), or unless
    other privileged matter intervenes (IV, 3131, 3132). Before the
    expiration of the 60 minutes the Speaker has declined to permit the call
    to be interrupted by a privileged report (IV, 3132) or by unanimous
    consent (IV, 3130). Where the business for which the call was
    interrupted is concluded, the call is resumed unless there be other
    interrupting business or the House adjourns (IV, 3133). A bill once
    brought up on the call continues before the House in that order of
    business until disposed of (IV, 3120), unless withdrawn by authority of
    the committee before action that puts it in possession of the House (IV,
    3129); and may not be made a special order for a future day by a motion

    [[Page 675]]

    to postpone to a day certain (IV, 3164). In order to be called up in
    this order a bill must properly be on the House Calendar (IV, 3122-
    3126), and a bill on the Union Calendar may not be brought up on call of
    committees under this clause (VI, 753). If the authority of the
    committee to call up a bill is disputed, the Chair does not consider it
    a duty to decide the question (IV, 3127) but may base the decision on
    statements from the chair and other members of the committee (IV, 3128).

      5. After <> consideration of bills or resolutions under clause 4 for one
    hour, it shall be in order, pending consideration thereof, to entertain
    a motion that the House resolve into the Committee of the Whole House on
    the state of the Union or, when authorized by a committee, that the
    House resolve into the Committee of the Whole House on the state of the
    Union to consider a particular bill. Such a motion shall be subject to
    only one amendment designating another bill. If such a motion is decided
    in the negative, another such motion may not be considered until the
    matter that was pending when such motion was offered is disposed of.

      This portion of the rule was adopted in 1890 as part of the plan for
    enabling the House at will to go at any time to any public bill on its
    calendars (IV, 3134). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 5 of rule XXIV (H.
    Res. 5, Jan. 6, 1999, p. 47).
      The phrase <> ``one hour'' has been
    interpreted to include a shorter time in the case that the call of
    committees shall have exhausted itself before the expiration of one hour
    (IV, 3135); but not otherwise (IV, 3141). After the House has been in
    Committee of the Whole under this order and has risen and reported, and
    the report has been acted on by the House, other motions to go into
    Committee to consider other bills are in order (IV, 3136). The motion to
    go into Committee generally may be made by the individual Member (IV,
    3138), but when it is proposed to designate a particular bill the Member
    must have the authority of a committee (IV, 3138). The amendment to the
    motion to consider a particular bill must refer to a bill on the Union
    Calendar (IV, 3139).

    [[Page 676]]

    This order of business is used entirely for nonprivileged bills and is
    not used in the House for consideration of bills in Committee of the
    Whole House on the state of the Union if otherwise privileged under
    clause 5 of rule XIII.

    6. <>   All questions relating to the priority of business
    shall be decided by a majority without debate.

      This provision was adopted in 1803 to prevent obstructive debate (IV,
    3061). Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXV (H. Res. 5, Jan. 6, 1999, p. 47).
    The question of consideration under clause 3 of rule XVI and the motion
    that the House resolve itself into the Committee of the Whole are not
    debatable (VIII, 2447; IV, 3062, 3063).
      This rule may not be invoked to establish an order of business or to
    inhibit the Speaker's power of recognition (Speaker Albert, July 31,
    1975, p. 26249). It has been held that appeals from decisions of the
    Chair as to priority of business are not debatable under this rule (V,
    6952).

     end segment .009  deg. segment .010 -- rule XV
    through rule XVII  deg.

                                     Rule XV

                        business in order on special days

    Suspensions
      1. (a) <> A rule may not be
    suspended except by a vote of two-thirds of the Members voting, a quorum
    being present. The Speaker may not entertain a motion that the House
    suspend the rules except on Mondays, Tuesdays, and Wednesdays and during
    the last six days of a session of Congress.

      This provision (formerly clause 1 of rule XXVII) developed from a rule
    adopted in 1794, which provided that no rule should be rescinded without
    one day's notice. In 1822 a paragraph was added that no rule should be
    suspended except by a two-thirds vote. In 1828 it was amended to provide
    that the order of business, as established by the rules, should not be
    changed except by a two-thirds vote. Originally contemplating motions to
    suspend the rules on any day, the rule was amended in 1847 to restrict
    the motion to Mondays of each week, and, in 1880, to the first and third
    Mondays of each month. In 1874 the old limit of 10 days at the end of

    [[Page 677]]

    the session was reduced to six days. In the 93d Congress, the rule was
    amended to permit motions to suspend the rules on the first and third
    Mondays and on the Tuesdays immediately following those days and to
    eliminate the distinction between days on which committees and
    individuals had preference (H. Res. 6, Jan. 3, 1973, pp. 26, 27). In the
    95th Congress, the rule was amended to permit such motions on every
    Monday and Tuesday (H. Res. 5, Jan. 4, 1977, 95th Cong., pp. 53-70).
    During the first session of the 108th Congress, the House authorized the
    Speaker to entertain motions that the House suspend the rules on
    Wednesdays through the second Wednesday in April as though under this
    clause (sec. 3(d), H. Res. 5, Jan. 7, 2003, p. 11). That authority was
    extended by unanimous consent through the last Wednesday in June (Apr.
    30, 2003, p. 10063) and by resolution through the entire 108th Congress
    (H. Res. 297, June 26, 2003, p. 16275). In the 109th Congress, the House
    amended the rule to permit motions to suspend the rules every Wednesday
    (sec. 2(e), H. Res. 5, Jan. 4, 2005, p. 43). Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 1 of rule XXVII (H. Res. 5, Jan. 6, 1999, p. 47).
      Originally, <> when the House was operating under the older rules for the
    order of business, the motion was used to establish a special order of
    business for the consideration of a particular measure (IV, 3152, 3162;
    V, 6852). In 1890, the House adopted rules for the order of business
    that enabled the House on any day to consider public bills on its
    calendars. About the same time, the House perfected the process of
    establishing a special order of business by a majority vote through a
    report from the Committee on Rules (IV, 3169). As a result of these
    changes, the use of the motion to suspend gradually changed from one
    that established a special order of business to one that passes or
    adopts a measure (V, 6790, 6846, 6847). The latter motion suspends all
    rules inconsistent with its purposes, including a rule requiring that a
    recess be taken (V, 5752) or that a quorum be present when a bill is
    reported from committee (Sept. 22, 1992, p. 26932). The motion is not
    available in the Committee of the Whole (May 28, 2014, p. _).
      Although the normal use of the motion is to pass or adopt a
    noncontroversial measure, the motion may also be used to change or
    suspend a rule or order that is susceptible to suspension or to suspend
    the parliamentary law of Jefferson's Manual (V, 6796, 6862). The rules
    forbid the Speaker to entertain a motion to suspend the rules relating
    to the privilege of the floor (clause 2(b) of rule IV; V, 7283; VIII,
    3634), the use of the Hall of the House (clause 2(b) of rule IV; V,
    7270), or the introduction of persons in the galleries (clause 7 of rule
    XVII; VI, 197).
      The motion to suspend may include a series of actions, such as the
    discharge of a committee from consideration of a bill and the passage of
    it (V, 6850), the reconsideration of the vote passing a bill, amendment
    of it, and passage again (V, 6849), the permission for a committee to
    report

    [[Page 678]]

    several bills (V, 6857), an order to the Clerk to incorporate in the
    engrossment of a general appropriation bill a provision not otherwise in
    order (IV, 3845), an authorization to the House to entertain a specified
    motion to suspend the rules on a future day not a suspension day (IV,
    3845), a motion to take a bill (V, 6288; VIII, 3425) or a motion to
    reconsider, from the table (V, 5640). A motion to suspend may provide
    for agreeing to a conference report that has been ruled out of order by
    the Speaker (Dec. 20, 1974, p. 41860) or may provide for passage of a
    bill that consists of the text of two bills previously passed by the
    House (Sept. 19, 2000, p. 18510). One motion to suspend the rules having
    been rejected, the Speaker may recognize for a similar motion (Dec. 21,
    1973, pp. 43270-81).
      A motion to suspend the rules may provide for the passage of a bill
    regardless of whether it has been reported by committee, referred to a
    calendar, or even previously introduced (VIII, 3421; July 16, 1996, p.
    17228). It may include an amendment without the formality of committee
    approval (June 22, 1992, p. 15617). Copies of reports on bills
    considered under suspension are not required to be available in advance.
    No advance notice to Members of bills to be called up under suspension
    of the rules is required (Mar. 20, 1978, p. 7535; Jan. 22, 2007, p.
    1895) including to the sponsor (July 30, 2010, p. 14822). However, if a
    special rule requires that the object of a motion to suspend the rules
    be announced on the floor at least one hour before the Chair's
    entertaining the motion, unanimous consent is required to permit the
    Chair to entertain the motion before that time (Sept. 28, 1996, p.
    25765, 25774).
      The <> motion that the House ``suspend the rules and pass [or adopt]''
    a measure is not subject to the demand for a division of the question,
    either as to the two branches of the motion or as to distinct
    substantive propositions in the subject of the motion (V, 6141-6143).
    The motion may not be amended (V, 5322, 5405, 6858; Deschler, ch. 21,
    Sec. 14.6; Apr. 11, 2000, p. 5206; July 30, 2011, p. 12544), and the
    power to withdraw and modify the motion rests with its proponent (May
    10, 2006, p. 7807). The motion may not be postponed (V, 5322) or laid on
    the table (V, 5405). The motion to reconsider may be applied to an
    affirmative (Sept. 28, 1996, p. 25796) but not a negative vote on the
    motion (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p. 25797). The motion
    to refer may not be applied to the bill that it is proposed to pass
    under suspension of the rules (V, 6860).
      Some older precedents indicate that the right of a Member to have read
    the paper on which the Member is called to vote is not changed by the
    fact that the procedure is by suspension of the rules (V, 5277; VIII,
    3400), and in earlier instances the separate motion to suspend the rules
    and dispense with reading of pending measures was held in order (V,
    5278-84). However, under the modern practice, only the motion to suspend
    the rules is itself read. The Clerk reports the title of the bill and a
    motion that the measure be read in full is not in order (July 30, 2010,
    p. 14815). Amendments included in the motion are not reported
    separately. Where a motion

    [[Page 679]]

    to suspend the rules and agree to a resolution that provided for
    concurring in a Senate amendment with an amendment consisting of the
    text of a bill introduced in the House, the Speaker ruled that the
    reading of the resolution itself was sufficient and that it could be re-
    read to the House only by unanimous consent (Dec. 21, 1973, pp. 43251-
    63).
      For a discussion of debate on the motion and the Chair's recognition
    of a Member to control time in opposition to the motion, see Sec. 891,
    infra.
      In the <> early practice, when the motion to suspend the rules was used
    to enable a matter to be taken up for consideration out of order, it was
    not admitted when a subject was already before the House (V, 5278, 6836,
    6837, 6852, 6853). However, a motion to suspend the rules was in order
    to dispense with the reading of a pending measure (V, 5278). A bill
    taken up under this early practice might be amended by the House (V,
    6842, 6856) or withdrawn by the mover, in which case another Member
    might not present it (V, 6854, 6855).
      In the later practice, if the motion includes both suspension of the
    rules and action on the subject, it is admitted even though another
    matter is pending (V, 6834), the yeas and nays are demanded on another
    privileged motion (V, 6835), or the previous question has been ordered
    or moved on another matter (V, 6827, 6831-6833; VIII, 3418; Sept. 17,
    1990, p. 24695). Earlier rulings did not permit a motion to suspend the
    rules to permit a vote to be taken en gros on a series of pending Senate
    amendments (V, 6828, 6830). The motion to suspend the rules has been
    ruled out of order when the House is considering a bill under a special
    order (V, 6838) or when a question of privilege under rule IX is before
    the House (V, 6825, 6826; VI, 553, 565), and yields to such questions of
    privilege (III, 2553; VI, 565). The motion to suspend the rules has been
    held of equal privilege with the motion to instruct conferees under
    former clause 1(c) of rule XXVIII (current clause 7(c) of rule XXII),
    which is of the highest privilege (Mar. 1, 1988, pp. 2749, 2751, 2754).
    A motion to suspend the rules and approve the Journal was held in order,
    although the Journal had not been read and the highly privileged motion
    to fix the day to which the House should adjourn was pending (IV, 2758).
    Moreover, in the absence of a motion to suspend, the ordinary motions
    relating to business of the House may be made on suspension days as on
    other days (IV, 3080).
      The motion to suspend the rules may be made on days other than
    suspension days by unanimous consent (V, 6795) or by adoption of a
    resolution reported by the Committee on Rules. On suspension days the
    motion to suspend the rules has been admitted at the discretion of the
    Speaker since 1881 (V, 6791-6794, 6845; VIII, 3402-3404; Nov. 2, 2009,
    p. 26393), and no appeal may be taken from the Speaker's denial of
    recognition (II, 1425).
       <> Authorization by a committee is not required for the Speaker to
    recognize for a motion to suspend the rules (VIII, 3410), including a
    motion to suspend the rules and pass a measure ``as amended'' (June 22,
    1992, p. 15617).

    [[Page 680]]

      Before the 93d Congress, the rule gave to individuals preference on
    the first Monday of the month for making motions to suspend the rules,
    and preference on the third Mondays for committees to make the motion
    (V, 6790). If on a committee day an individual motion was made and
    seconded, it was then too late to make a point of order (V, 6809). In
    rare instances, under earlier House practice, the Speaker called the
    committees in regular order for motions to suspend the rules, but this
    method was not required (V, 6810, 6811). The earlier practice also
    required a motion to be formally and specifically authorized by a
    committee (V, 6805-6807), including specific authorization to include an
    amendment (V, 6812); but after the motion was seconded and debate had
    begun it was too late to raise a question as to the authorization (V,
    6808). The committee could not present a bill that had not been referred
    to it (V, 6813) or was not within its jurisdiction (V, 6848).
      Before <> the 102d Congress, certain motions to suspend the rules were
    required to be seconded, if demanded, by a majority by tellers, but this
    requirement was eliminated from the rule (H. Res. 5, Jan. 3, 1991, p.
    39). The requirement for a second was adopted in 1874, was rescinded two
    years later, but was again adopted in 1880. The object of it was to
    prevent consumption of the time of the House by forcing consideration of
    undesirable propositions (V, 6797). The requirement (formerly clause 2
    of rule XXVII) was amended in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16) so that a second was not required where printed copies
    of the proposed measure were available. The constitutional right of a
    Member to demand the yeas and nays, or the right of a Member under
    clause 1(b) of rule XX to demand a recorded vote, did not exist on the
    question of ordering a second under the former clause 2 of rule XXVII,
    which only permitted the ordering of a second by tellers if a quorum was
    present (V, 6032-6036; VIII, 3109; Dec. 16, 1981, p. 31851). The fact
    that a majority of the Members of the House did not pass between the
    tellers on the question of ordering a second did not conclusively show
    that a quorum was not present in the Chamber, and the Speaker could
    count the House to determine whether a quorum was actually present (Dec.
    16, 1981, p. 31851). However, where a quorum failed on the vote for a
    second, under clause 6 of rule XX the yeas and nays were ordered (IV,
    3053-3055; Dec. 21, 1973, pp. 43251-63).
      A <> motion to suspend the
    rules may be withdrawn at any time before the Chair puts the question
    and a voice vote is taken thereon (V, 6840, 6844; VIII, 3405, 3419; June
    5, 2012, p. _). The motion may be withdrawn by unanimous consent, even
    after the Speaker has put the question on its adoption and postponed
    further proceedings (Deschler, ch 21 Sec. 13.23; Dec. 5, 2012, p. _).

    [[Page 681]]

      (b) <> Pending a motion that the House suspend the rules, the Speaker
    may entertain one motion that the House adjourn but may not entertain
    any other motion until the vote is taken on the suspension.

      This provision (formerly clause 8 of rule XVI) was adopted in 1868 (V,
    5743), and amended in 1911 (VIII, 2823). A technical change was effected
    in the 110th Congress (sec. 505(c), H. Res. 6, Jan. 4, 2007, p. 19
    (adopted Jan. 5, 2007)). A motion for a recess (V, 5748-5751) and for a
    call of the House when there was no doubt of the presence of a quorum
    (V, 5747) were held to be dilatory motions within the meaning of the
    rule. But where a motion to suspend the rules has been made and, after
    one motion to adjourn has been acted on, a quorum has failed, another
    motion to adjourn has been admitted (V, 5744-5746).

      (c) <> A motion that the House suspend the rules is debatable for
    40 minutes, one-half in favor of the motion and one-half in opposition
    thereto.

      This provision (formerly clause 2 of rule XXVII) was adopted in 1880
    (V, 6821). It was amended and redesignated from clause 3 to clause 2 of
    rule XXVII in the 102d Congress to conform to the repeal of the former
    clause 2, relating to the requirement of a second (H. Res. 5, Jan. 3,
    1991, p. 39). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 2 of rule XXVII.
    Former clause 2 consisted of paragraph (b) and another provision
    currently found in clause 1(a) of rule XIX permitting 40 minutes debate
    on an otherwise debatable question on which the previous question has
    been ordered without debate (H. Res. 5, Jan. 6, 1999, p. 47). Before the
    adoption of this provision in 1880 (V, 6821) the motion to suspend the
    rules was not debatable (V, 5405, 6820). The 40 minutes of debate is
    divided between the mover and a Member opposed to the bill, unless it
    develops that the mover is opposed to the bill, in which event some
    Member in favor is recognized for debate (VIII, 3416; Oct. 5, 2004, pp.
    20850-52, 20862). When the mover and the opponent divide their time with
    others, the practice as to alternation of recognitions is not insisted
    on so rigidly as in other debate (II, 1442). Debate should be confined
    to the object of the motion and may not range to the merits of a bill
    not scheduled for suspension on that day (Nov. 23, 1991, p. 34189).
      Where recognition for the 20 minutes in opposition is contested, the
    Speaker will accord priority first on the basis of true opposition, then
    on

    [[Page 682]]

    the basis of committee membership, and only then on the basis of party
    affiliation, the latter preference inuring to the minority party (VIII,
    3415; Nov. 18, 1991, p. 32510). The Chair will not examine the degree of
    opposition to the motion by a member of the committee who seeks the time
    in opposition (Aug. 3, 1999, p. 19275). Any challenge to the Member
    recognized to control the time in opposition to the motion must be made
    when the time is allocated by the Chair (May 15, 1984, p. 12215; Speaker
    Wright, June 2, 1987, p. 14223).
      This paragraph formerly included a provision dealing with the
    Speaker's authority to postpone further proceedings on motions to
    suspend the rules. It was added in the 93d Congress (H. Res. 998, Apr.
    9, 1974, pp. 10195-99), amended in the 95th Congress (H. Res. 5, Jan. 4,
    1977, pp. 53-70), and amended further in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16). It was deleted entirely in the 97th Congress
    (H. Res. 5, Jan. 5, 1981, pp. 98-113) when all of the Speaker's
    postponing authorities were consolidated into clause 5 of rule I
    (current clause 8 of rule XX).

    Discharge motions, second and fourth Mondays
      2. (a) <> Motions to
    discharge committees shall be in order on the second and fourth Mondays
    of a month.
      (b)(1) A Member may present to the Clerk a motion in writing to
    discharge--
          (A) a committee from consideration of a public bill or public
    resolution that has been referred to it for 30 legislative days; or
          (B) the Committee on Rules from consideration of a resolution that
    has been referred to it for seven legislative days and that proposes a
    special order of business for the consideration of a public bill or
    public resolution that has been reported by a committee or has been
    referred to a committee for 30 legislative days.
      (2) Only one motion may be presented for a bill or resolution. A
    Member may not file a motion to discharge the Committee on Rules from
    consideration of a resolution providing for the

    [[Page 683]]

    consideration of more than one public bill or public resolution or
    admitting or effecting a nongermane amendment to a public bill or public
    resolution.
      (c) A motion presented under paragraph (b) shall be placed in the
    custody of the Clerk, who shall arrange a convenient place for the
    signatures of Members. A signature may be withdrawn by a Member in
    writing at any time before a motion is entered on the Journal. The Clerk
    shall make the signatories a matter of public record, causing the names
    of the Members who have signed a discharge motion during a week to be
    published in a portion of the Congressional Record designated for that
    purpose on the last legislative day of the week and making cumulative
    lists of such names available each day for public inspection in an
    appropriate office of the House. The Clerk shall devise a means for
    making such lists available to offices of the House and to the public in
    electronic form. When a majority of the total membership of the House
    shall have signed the motion, it shall be entered on the Journal,
    published with the signatories thereto in the Record, and referred to
    the Calendar of Motions to Discharge Committees.
      (d)(1) On the second and fourth Mondays of a month (except during the
    last six days of a session of Congress), immediately after the Pledge of
    Allegiance to the Flag, a motion to discharge that has been on the
    calendar for at least seven legislative days shall be privileged if
    called up

    [[Page 684]]

    by a Member whose signature appears thereon. When such a motion is
    called up, the House shall proceed to its consideration under this
    paragraph without intervening motion except one motion to adjourn.
    Privileged motions to discharge shall have precedence in the order of
    their entry on the Journal.
      (2) When a motion to discharge is called up, the bill or resolution to
    which it relates shall be read by title only. The motion is debatable
    for 20 minutes, one-half in favor of the motion and one-half in
    opposition thereto.
      (e)(1) If a motion prevails to discharge the Committee on Rules from
    consideration of a resolution, the House shall immediately consider the
    resolution, pending which the Speaker may entertain one motion that the
    House adjourn but may not entertain any other dilatory motion until the
    resolution has been disposed of. If the resolution is adopted, the House
    shall immediately proceed to its execution.
      (2) If a motion prevails to discharge a committee from consideration
    of a public bill or public resolution, a motion that the House proceed
    to the immediate consideration of such bill or resolution shall be
    privileged if offered by a Member whose signature appeared on the motion
    to discharge. The motion to proceed is not debatable. If the motion to
    proceed is adopted, the bill or resolution shall be considered
    immediately under the general rules of the House. If unfinished before
    adjournment of the day on which it is called up, the bill or resolution
    shall

    [[Page 685]]

    remain the unfinished business until it is disposed of. If the motion to
    proceed is rejected, the bill or resolution shall be referred to the
    appropriate calendar, where it shall have the same status as if the
    committee from which it was discharged had duly reported it to the
    House.
      (f)(1) When a motion to discharge originated under this clause has
    once been acted on by the House, it shall not be in order to entertain
    during the same session of Congress--
          (A) a motion to discharge a committee from consideration of that
    bill or resolution or of any other bill or resolution that, by relating
    in substance to or dealing with the same subject matter, is
    substantially the same; or
          (B) a motion to discharge the Committee on Rules from
    consideration of a resolution providing a special order of business for
    the consideration of that bill or resolution or of any other bill or
    resolution that, by relating in substance to or dealing with the same
    subject matter, is substantially the same.
      (2) A motion to discharge on the Calendar of Motions to Discharge
    Committees that is rendered out of order under subparagraph (1) shall be
    stricken from that calendar.

      This clause (formerly clause 3 of rule XXVII) was adopted December 8,
    1931, and amended January 3, 1935 (VII, 1007). It displaced a rule
    providing for a motion to instruct a committee to report a public bill
    or resolution. The first discharge rule was adopted in the 61st Congress
    (June 17, 1910, pp. 8439, 8445). It was amended during the 62d Congress
    (Apr. 4-5, 1911, pp. 18, 80). It was further amended in the 62d Congress
    (H. Res. 407, Feb. 3, 1912, p. 1685), the 68th Congress (H. Res. 146,
    Jan. 18, 1924, p. 1143), and the 69th Congress (H. Res. 6, Dec. 7, 1925,
    p. 383). This provision was redesignated from clause 4 to clause 3 in
    the

    [[Page 686]]

    102d Congress to conform to the repeal of the former clause 2 of rule
    XXVII, relating to the requirement of a second; it was at the same time
    amended to enable debate on a resolution discharged from the Committee
    on Rules (H. Res. 5, Jan. 3, 1991, p. 39). Under the previous form of
    the rule, where the Committee on Rules was discharged from further
    consideration of a resolution the House immediately voted on adoption of
    the resolution (Speaker Rayburn, Jan. 24, 1944, p. 631).
      In the 103d Congress, after a successful petition under this clause
    placed on the calendar a motion to discharge the Committee on Rules from
    further consideration of a resolution to require publication of the
    names of Members who had signed pending discharge petitions, the clause
    was so amended (H. Res. 134, Sept. 28, 1993, p. 22698). In the 104th
    Congress the clause was amended to ensure the periodic publication of
    such names (sec. 219, H. Res. 6, Jan. 4, 1995, p. 468). Before the 103d
    Congress signatures on a motion to discharge a committee were not made
    public until the requisite number had signed the motion (VII, 1008; Apr.
    12, 1934, p. 6489). In the 105th Congress the clause was amended to
    clarify that, to be a proper object of a discharge petition, a
    resolution providing a special rule must address the consideration of
    only one measure and must not propose to admit or effect a nongermane
    amendment (H. Res. 5, Jan. 7, 1997, p. 121). A clerical correction was
    effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p.
    26) and a technical correction was effected in the 110th Congress (sec.
    505(d), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). The
    112th Congress clarified that paragraph (c) does not require the
    disclosure of actual signatures (sec. 2(f), H. Res. 5, Jan. 5, 2011, p.
    80). The 113th Congress removed several references to a ``standing''
    committee (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _).
      The phrase ``a majority of the total membership of the House'' was
    construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509),
    not including Delegates or the Resident Commissioner; and a Delegate or
    the Resident Commissioner may not sign a discharge petition even by
    unanimous consent (Oct. 1, 2003, p. 23853). The rule does not authorize
    signature of discharge motions by proxy (VII, 1014). When a Member
    withdraws a signature from a discharge petition at any time before it
    garners 218 signatures and is entered on the Journal, the withdrawal is
    printed in the Record (Apr. 23, 1998, p. 6590).
      The rule does not apply to a bill that has been reported by a
    committee during the interval between the placing of a motion to
    discharge on the calendar and the day when such motion is called up for
    action in the House (Apr. 23, 1934, p. 7156). The Committee on Rules may
    not be discharged from further consideration of a resolution providing
    for an investigating committee (Apr. 23, 1934, p. 7161).
      The death or resignation of a Member who has signed a motion does not
    invalidate the signature (May 31, 1934, p. 10159). It may be withdrawn
    by the Member's successor (Dec. 7, 1943, p. 10388; Jan. 17, 1946, p. 96;
    Mar. 5, 1946, p. 1968; July 30, 1946, pp. 10464, 10491; Mar. 2, 1948,
    pp.

    [[Page 687]]

    1993, 2001; Jan. 16, 1950, p. 436). The seven days that the motion must
    be on the calendar before it may be called up begins to run as of the
    day the motion is placed on the calendar (Dec. 14, 1937, p. 1517). A
    discharge petition in the 102d Congress received the requisite number of
    signatures on the same day it was filed (May 20, 1992, p. 12222), and
    subsequently by unanimous consent the House dispensed with the motion to
    discharge and agreed to consider the object of the petition (a special
    order of business resolution) on a date certain under the same terms as
    if discharged by motion (June 4, 1992, p. 13618). In the 103d Congress a
    discharge petition also received the requisite number of signatures on
    the same day it was filed (Feb. 24, 1994, p. 2999). In the 103d Congress
    a petition received the requisite number of signatures to enable a
    motion to discharge a resolution amending this rule to require
    publication of Members signing a discharge petition (Sept. 8, 1993, p.
    20361). In the 107th Congress a petition received the requisite
    signatures to enable a motion to discharge a rule providing for the
    consideration of a measure to provide campaign finance reform (Jan. 24,
    2002, pp. 145-56).
      The right to close debate on a motion to discharge a committee is
    reserved to the proponent of the motion (VII, 1010a); and the chair of
    the committee being discharged, if opposed to the motion, has been
    recognized to control the 10 minutes in opposition (Aug. 10, 1970, p.
    27999).
      Where a measure not requiring consideration in the Committee of the
    Whole House on the state of the Union is brought before the House by a
    successful motion to discharge, the Member moving its consideration is
    recognized in the House under the hour rule (Aug. 10, 1970, p. 28004).
      The point of order provided in clause 4 of rule XXI (formerly clause
    5(a) of rule XXI) does not apply to an appropriation in a bill taken
    away from a committee by the motion to discharge (VII, 1019a).
      Under Jefferson's Manual (Sec. 364, supra) a line of Members waiting
    to sign a discharge petition should proceed to the rostrum from the far
    right-hand aisle and should not stand between the Chair and Members
    engaging in debate (Oct. 24, 1997, p. 23293).

    Adverse report by the Committee on Rules, second and fourth Mondays
      3. An <> adverse
    report by the Committee on Rules on a resolution proposing a special
    order of business for the consideration of a public bill or public joint
    resolution may be called up under clause 6(e) of rule XIII as a
    privileged question by a Member, Delegate, or Resident Commissioner on a
    day when

    [[Page 688]]

    it is in order to consider a motion to discharge committees under clause
    2.

      This provision was initially adopted January 18, 1924, amended
    December 8, 1931 (VIII, 2268), January 3, 1949 (p. 16), January 3, 1951
    (p. 18), January 4, 1965 (p. 24) (inserting the so-called ``21-day
    rule''), January 10, 1967 (H. Res. 7, p. 28) (deleting the ``21-day
    rule'' in effect in the 89th Congress), and January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). Before the House recodified its
    rules in the 106th Congress, this provision was found only in former
    clause 4(c) of rule XI. It is currently found in both this provision and
    clause 6(e) of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47).

    District of Columbia business, second and fourth Mondays
      4. <> The second and fourth Mondays
    of a month shall be set apart for the consideration of such District of
    Columbia business as may be called up by the Committee on Oversight and
    Government Reform after the disposition of motions to discharge
    committees and after the disposal of such business on the Speaker's
    table as requires reference only.

      The first rule allocating a fixed day for District of Columbia
    business was adopted in 1870. In 1890 the rule (formerly clause 8 of
    rule XXIV) was amended (IV, 3304). It was again amended December 8, 1931
    (VII, 872). In the 104th Congress it was amended to reflect that the
    jurisdiction of the former Committee on the District of Columbia had
    been subsumed within the amalgamated jurisdiction of the newly
    designated Committee on Government Reform and Oversight (and in the
    106th and 110th Congresses to reflect a change in the name of a
    committee) (sec. 202, H. Res. 6, Jan. 4, 1995, p. 465; H. Res. 5, Jan.
    6, 1999, p. 47; sec. 215(f), H. Res. 6, Jan. 4, 2007, p. 19). Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 8 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47).
      The Committee on Government Reform and Oversight (now Oversight and
    Government Reform) may not, on a District day, call up a bill reported
    from another committee (IV, 3311). If certain of the committee's bills
    are on one of the calendars of the Committees of the Whole, a motion to
    go into committee to consider them is in order (IV, 3310). Bills
    reported from the District Committee (now Oversight and Government
    Reform) are not so privileged as to prevent their being taken up under
    call of committees

    [[Page 689]]

    on Wednesday (VII, 937). Business unfinished on one District day does
    not come up on the next unless called up (IV, 3307; VII, 879, 880). The
    question of consideration may not be demanded against District business
    generally, but may be demanded against any bill as it is presented (IV,
    3308, 3309).
      On District days it is in order to go into the Committee of the Whole
    to consider revenue or general appropriation bills (VI, 716-718; VII,
    876, 1123). Consideration of conference reports is in order on District
    Monday (VIII, 3202). District of Columbia business is in order on the
    second and fourth Mondays of the month before or after other business
    (such as motions to suspend the rules), and the fact that the House has
    considered some District of Columbia business before motions to suspend
    the rules does not affect the eligibility of further such business after
    suspensions have been completed (Sept. 17, 1984, p. 25523).

    Private Calendar, first and third Tuesdays
      5. (a) <> On the first Tuesday of a
    month, the Speaker shall direct the Clerk to call the bills and
    resolutions on the Private Calendar after disposal of such business on
    the Speaker's table as requires reference only. If two or more Members,
    Delegates, or the Resident Commissioner object to the consideration of a
    bill or resolution so called, it shall be recommitted to the committee
    that reported it. No other business shall be in order before completion
    of the call of the Private Calendar on this day unless two-thirds of the
    Members voting, a quorum being present, agree to a motion that the House
    dispense with the call.
      (b)(1) On the third Tuesday of a month, after the disposal of such
    business on the Speaker's table as requires reference only, the Speaker
    may direct the Clerk to call the bills and resolutions on the Private
    Calendar. Preference shall be given to omnibus bills containing the
    texts of

    [[Page 690]]

    bills or resolutions that have previously been objected to on a call of
    the Private Calendar. If two or more Members, Delegates, or the Resident
    Commissioner object to the consideration of a bill or resolution so
    called (other than an omnibus bill), it shall be recommitted to the
    committee that reported it. Two-thirds of the Members voting, a quorum
    being present, may adopt a motion that the House dispense with the call
    on this day.
      (2) Omnibus bills shall be read for amendment by paragraph. No
    amendment shall be in order except to strike or to reduce amounts of
    money or to provide limitations. An item or matter stricken from an
    omnibus bill may not thereafter during the same session of Congress be
    included in an omnibus bill. Upon passage such an omnibus bill shall be
    resolved into the several bills and resolutions of which it is composed.
    The several bills and resolutions, with any amendments adopted by the
    House, shall be engrossed, when necessary, and otherwise considered as
    passed severally by the House as distinct bills and resolutions.
      (c) The Speaker may not entertain a reservation of the right to object
    to the consideration of a bill or resolution under this clause. A bill
    or resolution considered under this clause shall be considered in the
    House as in the Committee of the Whole. A motion to dispense with the
    call of the Private Calendar under this clause shall be privileged.
    Debate on such a motion shall be lim

    [[Page 691]]

    ited to five minutes in support and five minutes in opposition.

      This <> provision (formerly clause 6 of rule XXIV) was adopted in
    the 62d Congress in lieu of special orders under which pension and
    private business formerly had been considered. The rule was amended on
    April 23, 1932 (VII, 846) and was adopted in its present form on March
    27, 1935 (pp. 4480-89, 4538). When the House recodified its rules in the
    106th Congress, this provision was transferred from former clause 6 of
    rule XXIV and the archaic reference to the ``Calendar of the Committee
    of the Whole House'' was changed to the ``Private Calendar'' (H. Res. 5,
    Jan. 6, 1999, p. 47). A Member serving as an ``official objector'' for
    the Private Calendar has periodically included in the Record an
    explanation of how bills on the Private Calendar are considered (see,
    e.g., Dec. 5, 1995, p. 35354; June 17, 1997, p. 11015; Nov. 17, 2003, p.
    29279). Clause 4 of rule XII prohibits consideration of certain private
    bills. Under former clause 6(e)(2) of rule XV (current clause 7(b) of
    rule XX), the Speaker has discretion to recognize a Member to move a
    call of the House before the call of the Private Calendar (July 8, 1987,
    p. 18972). Unanimous consent is required to place the call at another
    time during the day (July 16, 1996, p. 17224; Apr. 21, 1998, p. 6184),
    including after one-minute speeches (Dec. 18, 2012, p. _).
      During the <> consideration of omnibus bills the Chair declines to recognize
    Members for unanimous-consent requests to address the House (May 7,
    1935, p. 7100); motions to strike the last word are not in order, and
    requests for extension of time under the five-minute rule are not
    entertained (Speaker Byrns, Mar. 17, 1936, pp. 3890, 3894).
      An omnibus private bill is normally passed over by the Clerk when the
    Private Calendar is called on the first Tuesday of the month, but the
    House may prescribe, by special order, that such omnibus bills shall be
    passed over (June 27, 1968, p. 19106). During the consideration of the
    First Omnibus Bill of 1968, seven roll calls occurred and seven of the
    15 bills carried therein were stricken by motion (Sept. 17, 1968, pp.
    27165-84). Amendments to the bill were strictly limited by the rule to
    those striking or reducing amounts of money carried in the bill or to
    provide limitations, and debate on those permissible motions was under
    the five-minute rule. After the passage of an omnibus bill, it is
    resolved into the various private bills of which it is composed and each
    is engrossed and messaged to the Senate as if individually passed; thus
    it is possible, after passage of the omnibus bill, to lay on the table a
    private House or Senate bill that was included therein (by unanimous
    consent) (Sept. 17, 1968, p. 27184).
      On the third Tuesday of the month, the calendar is not called unless
    the Speaker so directs (Oct. 16, 1990, p. 29646); and in those cases,
    omnibus bills on the Calendar are called before individual bills thereon
    (Feb. 17, 1970, pp. 3605-13). A motion to dispense with the call of the
    Private Cal

    [[Page 692]]

    endar on the third Tuesday of each month is likewise in order (provided
    that the Chair has not exercised discretionary authority (Nov. 17, 1981,
    p. 27770 (sustained by tabling of appeal)) to dispense with the call).

      For the <> former
    Corrections Calendar rule, see Sec. 898 of the House Rules and Manual
    for the 111th Congress (H. Doc. 110-162).

      For the <> former Consent
    Calendar rule, see Sec. 899 of the House Rules and Manual for the 111th
    Congress (H. Doc. 110-162).

    Calendar Call of Committees, Wednesdays
      6. (a) <> On Wednesday of
    each week, business shall not be in order before completion of the call
    of those committees (except as provided by clause 4 of rule XIV) whose
    chair, or other member authorized by the committee, has announced to the
    House a request for such call on the preceding legislative day.
      (b) A bill or resolution on either the House or the Union Calendar,
    except bills or resolutions that are privileged under the Rules of the
    House, may be called under this clause. A bill or resolution called up
    from the Union Calendar shall be considered in the Committee of the
    Whole House on the state of the Union without motion, subject to clause
    3 of rule XVI. General debate on a measure considered under this clause
    shall be confined to the measure and may not exceed two hours equally
    divided between a proponent and an opponent.
      (c) This clause does not apply during the last two weeks of a session
    of Congress.
      (d) Precedents, rulings, or procedures in effect before the One
    Hundred Eleventh Congress re

    [[Page 693]]

    garding the priority of business and the availability of other business
    on Wednesday shall be applied only to the extent consistent with this
    clause.

      This clause (formerly clause 7 of rule XXIV), was adopted March 1,
    1909, and amended March 15, 1909. The last sentence of paragraph (b)
    (first proviso of former clause 7 of rule XXIV) was adopted January 18,
    1916. The clause was rewritten in the 111th Congress to provide for
    Calendar Wednesday business from a committee only upon its request (sec.
    2(e), H. Res. 5, Jan. 6, 2009, p. 7). For a history of the clause as it
    existed before that Congress, and related precedents, see Sec. Sec. 900,
    901 of the House Rules and Manual for the 110th Congress (H. Doc. 109-
    157). Paragraph (d) was added in the 113th Congress (sec. 2(f), H. Res.
    5, Jan. 3, 2013, p. _).
      The rule <> applies
    to unprivileged bills only, and when a bill otherwise unprivileged is
    given a privileged status by unanimous consent or by rule it is
    automatically rendered ineligible for consideration on Calendar
    Wednesday (VII, 932-935). The rule does not apply to amendments between
    the Houses, unreported bills, or Senate bills being held at the
    Speaker's desk (Mar. 12, 2008, p. 3854). House Calendar bills have no
    preference over Union Calendar bills (VII, 938).
      When a bill on the Union Calendar is called up on Calendar Wednesday
    the House automatically resolves itself into the Committee of the Whole
    House on the state of the Union (VII, 939; Jan. 25, 1984, p. 358), and
    when a Union Calendar bill is the unfinished business the Speaker
    declares the House in Committee of the Whole without motion (VII, 940,
    942).
      The question of consideration may be raised on a bill on the House
    Calendar on Calendar Wednesday, even after one Wednesday has been
    devoted to its consideration (VIII, 2447), and the question of
    consideration is properly raised on Union Calendar bills before
    automatically resolving into Committee of the Whole House on the state
    of the Union (VII, 952).
      During the 61st and 62d Congresses it was held that the call of
    committees rested where the call left off on the preceding day, whether
    the last call was on a Wednesday or during the morning hour on another
    day, thus making but one committee call under the two rules. But under
    the later practice there have been two distinct calls of committees, one
    under clause 4 of rule XIV (formerly clause 4 of rule XXIV), the morning
    hour, and another under Calendar Wednesday (VII, 944) when committees
    are called twice (VII, 924; Mar. 12, 2008, p. 3853).
      The same rule of debate applies to House Calendar bills called up on
    Calendar Wednesday as on other days, and the Member in charge of the
    bill may move the previous question at any time (VII, 955).

    [[Page 694]]

      The previous question having been ordered on a bill on Calendar
    Wednesday, the bill becomes the unfinished business on Thursday (VII,
    895, 967).
      It is in order to consider a vetoed bill on Calendar Wednesday,
    because such a question is privileged under the Constitution (VII, 912),
    but a bill privileged by reason of the Rules of the House cannot be
    called up on Calendar Wednesday (VII, 932); for example, a general
    appropriation bill (VII, 904), or a bill under consideration by reason
    of a special order, unless the special order expressly sets aside
    Calendar Wednesday (VII, 773), or a conference report (VII, 899). A
    motion to reconsider an action taken on a bill on Tuesday may be
    entered, but may not be considered on Calendar Wednesday (VII, 905).
    Privileged bills may be reported but not considered on Calendar
    Wednesday (VII, 907), except by unanimous consent (Jan. 25, 1984, p.
    357). The Speaker has entertained a unanimous-consent request for
    business (to send a bill to conference) (Mar. 28, 1984, p. 6869) and for
    one-minute speeches (Mar. 21, 1984, pp. 6187, 6188; May 7, 2008, p.
    7993) before the call of committees on Calendar Wednesday. District of
    Columbia business is eligible for consideration on Calendar Wednesday
    (VII, 937). A motion to adjourn (May 7, 2008, pp. 7996, 8000) and the
    administration of the oath (May 7, 2008, p. 7997; VI, 22) may interrupt
    the call of committees. Once Calendar Wednesday proceedings are
    completed, other business may be conducted (VII, 921).
      It has been held that if no Member opposed to the bill desires to
    claim the hour specified in the rule for general debate against the
    bill, the time may be claimed by a Member who is in favor of the bill
    (VII, 962), but this principle has been questioned (VII, 961).
      Clause 2(b) of rule XIII (formerly clause 2(l)(1) of rule XI),
    requiring the chair of each committee to report or cause to be reported
    promptly measures approved by the committee and to take such necessary
    steps to bring the matter to a vote, is sufficient authority for the
    chair to call up a properly-noticed bill on Calendar Wednesday, but any
    other committee member must obtain specific authority of the committee
    to call up a reported bill on Calendar Wednesday (VII, 928, 929; Feb.
    22, 1950, p. 2162; Feb. 1, 1984, p. 1193; Sept. 12, 1984, p. 25100; Apr.
    18, 2007, p. 9201). Before the Legislative Reorganization Act of 1946
    and the subsequent adoption of former clause 2(l)(1)(A) of rule XI,
    authority to call up a bill on Calendar Wednesday must have been given
    to its chair by a committee (IV, 3127).

    [[Page 695]]

                                    Rule XVI

                             motions and amendments

    Motions
      1. <> Every motion entertained by the Speaker shall be reduced to
    writing on the demand of a Member, Delegate, or Resident Commissioner
    and, unless it is withdrawn the same day, shall be entered on the
    Journal with the name of the Member, Delegate, or Resident Commissioner
    offering it. A dilatory motion may not be entertained by the Speaker.

      In 1880 the first sentence of this clause was composed of language
    adopted in 1789 and 1806 (V, 5300). The last sentence of this clause
    (formerly clause 10 of rule XVI) was adopted in 1890 (V, 5706) to make
    permanent a principle already enunciated in a ruling of the Speaker, who
    had declared that the ``object of a parliamentary body is action, and
    not stoppage of action'' (V, 5713). When the House recodified its rules,
    it consolidated clause 1 and former clause 10 of rule XVI under this
    clause (H. Res. 5, Jan. 6, 1999, p. 47).
      Because of this provision it has been held not in order to amend or
    strike a Journal entry setting forth a motion exactly as made (IV, 2783,
    2789). A motion not entertained is not entered on the Journal (IV, 2813,
    2844-2846). See Sec. 71, supra, for discussion of Journal entries. Any
    Member may demand that a motion, including the motion to adjourn, be
    reduced to writing and in the proper form (Sept. 27, 1993, p. 22608;
    Jan. 4, 1995, p. 509), and the demand may be initiated by the Chair
    (July 24, 1986, p. 17641). Consistent with this clause, the chair of the
    Committee of the Whole requires that each amendment be reduced to
    writing (July 22, 1994, p. 17617). Although a motion to recommit is
    properly presented in writing, no rule requires that the proponent
    distribute copies on the floor (June 28, 2000, p. 12749).
      The <> Speaker has declined to
    entertain debate or appeal on a question as to the dilatoriness of a
    motion, because doing so would nullify the rule (V, 5731); but has
    recognized that the authority conferred by the rule should not be
    exercised until the object of the dilatory motion ``becomes apparent to
    the House'' (V, 5713, 5714). For example, the Chair has held that a
    virtually consecutive invocation of former rule XXX (current clause 6 of
    rule XVII), resulting in a second pair of votes on use of a chart and on
    reconsideration

    [[Page 696]]

    thereof, was not dilatory under this provision (or former clause 4(b) of
    rule XI (current clause 6(b) of rule XIII)) (July 31, 1996, p. 20700).
    Usually, but not always, the Speaker awaits a point of order from the
    floor before acting (V, 5715-5722). The rule has been applied to the
    motions to adjourn (V, 5721, 5731-5733; VIII, 2796, 2813), to reconsider
    (V, 5735; VIII, 2797, 2815, 2822), to fix the time of five-minute debate
    in Committee of the Whole (V, 5734; VIII, 2817), and to lay on the table
    (VIII, 2816), and to the question of consideration (V, 5731-5733). The
    point of no quorum also has been ruled out (V, 5724-5730; VIII, 2801,
    2808), and former clause 6 of rule XV (current clause 7 of rule XX) as
    adopted in the 93d Congress and as amended in the 95th Congress prevents
    the making of a point of no quorum under certain circumstances. A demand
    for tellers has been held dilatory (V, 5735, 5736; VIII, 2436, 2818-
    2821), but the constitutional right of the Member to demand the yeas and
    nays may not be overruled (V, 5737; VIII, 3107). For a ruling by Speaker
    Gillett construing dilatory motions, see VIII, 2804. For discussion of
    dilatory motions pending consideration of a report from the Committee on
    Rules, see Sec. Sec. 857-858, supra.

    Withdrawal
      2. <> When a motion
    is entertained, the Speaker shall state it or cause it to be read aloud
    by the Clerk before it is debated. The motion then shall be in the
    possession of the House but may be withdrawn at any time before a
    decision or amendment thereon.

      The provisions of this clause were adopted first in 1789. At that time
    a second was required for every motion, but in practice this requirement
    became obsolete very early, and it was dropped from the rule in 1880 (V,
    5304). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    47).
      The House always insists that the motion be stated or read before
    debate shall begin (V, 4937, 4983) and the Clerk's reading may be
    dispensed with only by unanimous consent (Dec. 15, 1975, p. 40671; see
    also Sec. 432, supra). It is the duty of the Speaker to put the question
    on a motion in order under the rules and practice without passing on its
    constitutional effect (IV, 3550; VIII, 2225, 3031, 3071, 3427). In a
    case wherein a clerk presiding during organization of the House declined
    to put a question, a Member-elect put the question from the floor (I,
    67).
      Under certain circumstances (such as the practice of extinguishing
    reconsideration by laying a motion to reconsider on the table), a Member
    may offer a double motion (V, 5637).

    [[Page 697]]

      A motion <> may
    be withdrawn at any time before a decision thereon, including a motion
    to instruct conferees (Oct. 31, 2000, p. 25737) and a contempt
    resolution (Oct. 27, 2000, p. 25200). Unanimous consent is not required
    to withdraw a pending unanimous-consent request (Dec. 16, 1985, p.
    36575).
      While the House was dividing on a second of the previous question
    (this second is no longer required) on a motion to refer a resolution,
    the proponent was permitted to withdraw the resolution (V, 5350). A
    motion was withdrawn after the previous question had been ordered on an
    appeal from a decision on a point of order as to the motion (V, 5356).
      A motion to suspend the rules could be withdrawn at any time before a
    second was ordered (a second is no longer required) (V, 6844; VIII,
    3405, 3419), even on another suspension day (V, 6844). However, the
    motion could not be withdrawn if a second were ordered, except by
    unanimous consent (VIII, 3420). In the modern practice, in which a
    second is not required on a motion to suspend the rules, the motion may
    be withdrawn at any time before action is taken thereon (July 27, 1981,
    p. 17563) including pending the resumption of postponed proceedings de
    novo pursuant to clause 8 of rule XX (Sept. 29, 2010, pp. 17119, 17120).
      A motion may be withdrawn although an amendment has been offered and
    is pending (V, 5347; VI, 373; VIII, 2639). In the House an amendment,
    whether simple or in the nature of a substitute, may be withdrawn at any
    time before an amendment is adopted thereto or a decision is had thereon
    (VI, 587; VIII, 2332, 2764). The same right to withdraw an amendment
    exists ``in the House as in Committee of the Whole'' (IV, 4935; June 26,
    1973, p. 21315) and in standing committees where general procedures of
    the House as in the Committee of the Whole apply (Sec. 427, supra).
    However, unanimous consent to withdraw an amendment is required in
    Committee of the Whole (V, 5221, 5753; VI, 570; VIII, 2465, 2859, 3405),
    unless withdrawal authority has been conferred by the House (July 22,
    1999, p. 17291; Apr. 3, 2003, pp. 8490, 8491; Nov. 7, 2007, p. 30353).
    An amendment disposed of in the Committee of the Whole by voice vote may
    not be withdrawn (June 17, 2004, pp. 12944, 12945).
      A motion may be withdrawn after the affirmative side has been taken on
    a division (V, 5348). Withdrawal of a pending resolution is not in order
    when the absence of a quorum has been announced by the Chair (Oct. 14,
    1970, pp. 36665-69). A motion that the House resolve into the Committee
    of the Whole for the consideration of a bill may be withdrawn pending a
    point of order against consideration of the bill. If the motion is
    withdrawn, the Chair is not obligated to rule on the point of order
    (VIII, 3405; Dec. 3, 1979, p. 34385).
      A decision that prevents withdrawal may consist of the following: (1)
    the ordering of the yeas and nays (V, 5353), either directly on the
    motion or on a motion to lay it on the table (V, 5354); (2) the ordering
    of the previous question (V, 5355; June 29, 1995, p. 17967), or the
    demand there

    [[Page 698]]

    for (V, 5489), or (3) the refusal to lay on the table (V, 5351, 5352;
    VIII, 2640).
      If the Speaker has put the question on adoption of a resolution to a
    voice vote without the ordering of the previous question, and the yeas
    and nays have not been ordered (V, 5349; Feb. 26, 1985, p. 3501) or if a
    voice vote (and the record vote on the associated motion for the
    previous question) has been vacated (Sept. 25, 2008, pp. 21820, 21821),
    the resolution may be withdrawn. A privileged resolution called up in
    the House is debated under the hour rule; and the Member calling up such
    a resolution is recognized for an hour notwithstanding the fact that the
    resolution has been previously considered, debated, and then withdrawn
    before action thereon (Apr. 8, 1964, pp. 7303-08).
      Where proceedings are postponed on a motion for the previous question
    pending a point of no quorum against a voice vote thereon (pursuant to
    former clause 5 of rule I (current clause 8 of rule XX)), the manager
    may withdraw such motion when it is again before the House as unfinished
    business (July 24, 1989, p. 15818).
      A Member having the right to withdraw a motion before a decision
    thereon has the resulting power to modify the motion (V, 5358; Oct. 23,
    1990, p. 32667), and a Member having the right to withdraw a motion to
    instruct conferees before a decision thereon has the resulting power to
    modify the motion by offering a different motion at the same stage of
    proceedings (July 14, 1993, p. 15661). A motion being withdrawn, all
    proceedings on an appeal arising from a point of order related to it
    fell thereby (V, 5356).

    Question of consideration
      3. <> When a motion or
    proposition is entertained, the question, ``Will the House now consider
    it?'' may not be put unless demanded by a Member, Delegate, or Resident
    Commissioner.

      The question of consideration is an outgrowth of the practice of the
    House, and was in use as early as 1808. The rule was adopted in 1817 in
    order to limit its use. Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47). It is the means by which the House protects itself
    from business that it does not wish to consider (V, 4936; VIII, 2436).
    The refusal to consider does not amount to the rejection of a bill or
    prevent its being brought before the House again (V, 4940), and an
    affirmative vote does not prevent the question of consideration from
    being raised on a subsequent day when the bill is again called up as
    unfinished business (VIII, 2438). It has once been held that a question
    of privilege that the House has refused to consider may be brought up
    again on the same day (V, 4942). The question of consideration is not
    debatable (VIII, 2447), and thus not subject

    [[Page 699]]

    to the motion to lay on the table (Oct. 4, 1994, p. 27643). See also
    clause 6 of rule XIV (Sec. 884, supra), which provides that questions
    relating to the priority of business are not debatable.
      A <> Member
    may demand the question of consideration, although the Member in charge
    of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but
    after debate has begun the demand may not be made (V, 4937-4939). It has
    been admitted, however, after the offering of a motion to lay on the
    table but before its disposition (V, 4943). The demand for the question
    of consideration may not be prevented by a motion for the previous
    question (V, 5478), but after the previous question is ordered it may
    not be demanded (V, 4965, 4966), even on another day, unless other
    business has intervened (V, 4967, 4968). The question of consideration
    pending, a motion to refer is not in order (V, 5554).
      The intervention of an adjournment does not destroy the right to raise
    the question of consideration (V, 4946), but this right did not hold
    true in a case in which the yeas and nays had been ordered and the House
    had adjourned pending the failure of a quorum on the roll call (V,
    4949). A question of consideration undisposed of at an adjournment does
    not recur as unfinished business on a succeeding day (V, 4947, 4948). It
    is not in order to reconsider the vote whereby the House refuses to
    consider a bill (V, 5626, 5627), although it is in order to reconsider
    an affirmative vote on the question of consideration (Oct. 4, 1994, p.
    27644).
      The <> question of consideration may be demanded against a
    matter of the highest privilege, such as the right of a Member to a seat
    (V, 4941), a question involving the privilege of the House (VI, 560),
    against the motion to reconsider (VIII, 2437), but not against a bill
    returned with the President's objection (V, 4960, 4970). It may not be
    raised against a proposition before the House merely for reference, as a
    petition (V, 4964). It may not be demanded against a class of business
    in order under a special order or rule, but may be demanded against each
    bill individually (IV, 3308, 3309; V, 4958, 4959). It may be raised
    against a bill the consideration of which has been provided by a special
    order of business (IV, 3175; V, 4953-4957; June 22, 2006, p. 12280; Jan.
    24, 2007, p. 2140; Jan. 31, 2007, p. 2736), unless the order provides
    for immediate consideration (V, 4960) or provides for the Speaker's
    declaration that the House resolve into the Committee of the Whole under
    clause 2 of rule XVIII. The question may be raised against a bill on the
    Union Calendar on Calendar Wednesday before resolving into the Committee
    of the Whole even after one Wednesday has been devoted to it (VIII,
    2447); but it may not be raised against a report from the Committee on
    Rules relating to the order of considering individual bills (V, 4961-
    4963; VIII, 2440, 2441, see Sec. 858, supra).
      The question of consideration may not be raised on a motion relating
    to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958, p.
    9216);

    [[Page 700]]

    to a motion to discharge a committee (V, 4977); or against a motion to
    take from the Speaker's table Senate bills substantially the same as
    House bills already favorably reported and on the House Calendar (VIII,
    2443). On a motion to go into Committee of the Whole to consider a bill
    the House expresses its wish as to consideration by its vote on this
    motion (V, 4973-4976; VI, 51; VIII, 2442; May 21, 1958, p. 9216), and
    the question of consideration is not available after the House has
    resolved into the Committee of the Whole (May 10, 2007, p. 12191).
      A <> point of order against consideration of a bill should be made
    and decided before the question of consideration is put (V, 4950, 4951;
    VII, 2439), but if the point relates merely to the manner of
    considering, it should be passed on afterwards (V, 4950). In general,
    after the House has decided to consider, a point of order raised with
    the object of preventing consideration, in whole or part, comes too late
    (IV, 4598; V, 4952, 6912-6914), but on a conference report the question
    of consideration may be demanded before points of order are raised
    against the substance of the report (VIII, 2439; Speaker Albert, Sept.
    28, 1976, p. 33019).
      The <> Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48)
    added a new part B to title IV of the Congressional Budget Act of 1974
    (2 U.S.C. 658-658g) that imposes several requirements on committees with
    respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c),
    establishes points of order to permit votes on whether to enforce those
    requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the
    question of consideration of a rule or order waiving such points of
    order in the House (sec. 426(a); 2 U.S.C. 658e(a)). The latter provision
    also prescribes that such points of order be disposed of by the question
    of consideration with respect to the proposition against which they are
    lodged (after 20 minutes of debate) (sec. 426(b); 2 U.S.C. 658e(b)). See
    Sec. 1127, infra.
      Clause 9 of rule XXI establishes a point of order against
    consideration of certain measures for failure to disclose (or disclaim
    the presence of) certain earmarks, tax benefits, and tariff benefits
    (paragraphs (a) and (b)), and permits a vote on the question of
    consideration of a rule or order waiving such points of order (paragraph
    (c)). Certain cognizability thresholds are established for points of
    order under the rule (paragraph (d)). See Sec. 1068d, infra.
      Both points of order may be raised against the same special order of
    business (May 14, 2008, pp. 9050, 9052).
      Former clause 10(c)(3) of rule XXI required the Chair to put the
    question of consideration with regard to measures that included an
    emergency designation for pay-as-you-go principles. See Sec. 1068i,
    infra.

    [[Page 701]]

      The Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139)
    requires the Chair to put the question of consideration with regard to
    measures that include a pay-as-you-go emergency designation:

    Sec. 4. Paygo Estimates and Paygo Scorecards.

                                      * * *

      (g) Emergency Legislation.--
              (1) Designation in Statute.--If a provision of direct spending
            or revenue legislation in a PAYGO Act is enacted as an emergency
            requirement that the Congress so designates in statute pursuant
            to this section, the amounts of new budget authority, outlays,
            and revenue in all fiscal years resulting from that provision
            shall be treated as an emergency requirement for the purposes of
            this Act.
              (2) Designation in the House of Representatives.--If a PAYGO
            Act includes a provision expressly designated as an emergency
            for the purposes of this title, the Chair shall put the question
            of consideration with respect thereto.

      The question of consideration applies to an emergency designation
    contained in an amendment between the Houses (in addition to a bill or
    joint resolution) (e.g., May 28, 2010, p. 9882; July 22, 2010, p. 13735)
    but not to a measure considered under suspension of the rules (e.g.,
    Feb. 25, 2010, p. 1924; July 30, 2014, p. _). Failure of the Chair to
    put the question of consideration of a measure under this provision may
    be overtaken by subsequent action of the House on the measure (July 1,
    2010, p. 12558). Where a measure contained an emergency designation
    under section 4(g)(1) of the Statutory Pay-As-You-Go Act of 2010 and an
    emergency designation for purposes of pay-as-you-go principles under
    former clause 10(c) of rule XXI, the Chair put a single question of
    consideration with respect thereto pending consideration of the measure
    (e.g., May 28, 2010, p. 9882).

    Precedence of motions
      4. <> (a) When a
    question is under debate, only the following motions may be entertained
    (which shall have precedence in the following order):
          (1) To adjourn.
          (2) To lay on the table.
          (3) For the previous question.
          (4) To postpone to a day certain.
          (5) To refer.
          (6) To amend.

    [[Page 702]]

          (7) To postpone indefinitely.
      (b) A motion to adjourn, to lay on the table, or for the previous
    question shall be decided without debate. A motion to postpone to a day
    certain, to refer, or to postpone indefinitely, being decided, may not
    be allowed again on the same day at the same stage of the question.
      (c)(1) It shall be in order at any time for the Speaker, in the
    discretion of the Speaker, to entertain a motion--
          (A) that the Speaker be authorized to declare a recess; or
          (B) that when the House adjourns it stand adjourned to a day and
    time certain.
      (2) Either motion shall be of equal privilege with the motion to
    adjourn and shall be decided without debate.

      The first form of this clause appeared in 1789, but amendments have
    been made at various times (V, 5301; VIII, 2757). Paragraph (c) (former
    final two sentences of the clause) was added in the 93d Congress to
    enable a privileged, nondebatable motion to fix the adjournment (H. Res.
    6, Jan. 3, 1973, pp. 26-27), and amended in the 102d Congress to enable
    a privileged, nondebatable motion for recess authority (H. Res. 5, Jan.
    3, 1991, p. 39). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). When the House
    recodified its rules in the 106th Congress, the provision of this clause
    addressing the motion for the previous question was transferred to
    clause 2 of rule XIX (H. Res. 5, Jan. 6, 1999, p. 47).
      The application of the first sentence of the clause is confined to
    cases wherein a question is ``under debate'' (V, 5379). It has been held
    that a question ceases to be ``under debate'' after the previous
    question has been ordered (V, 5415). For a discussion of the motion for
    the previous question, see Sec. Sec. 994-1000, infra.
      The <> motion to adjourn not
    only has the highest precedence when a question is under debate, but,
    with certain restrictions, it has the highest privilege under all other
    conditions. Even the following yield to it: (1) a question of privilege
    (III, 2521), including a resolution considered to be a ``question of
    high constitutional privilege'' such as one declaring the Office of
    Speaker vacant

    [[Page 703]]

    and to direct the House to proceed at once to the election of a new
    Speaker (VIII, 2641); (2) the filing of a privileged report pursuant to
    former clause 4(a) of rule XI (current clause 5 of rule XIII) (Apr. 29,
    1985, p. 9699); (3) a motion to suspend the rules (Aug. 11, 1992, p.
    23086); (4) a motion to reconsider (V, 5605; see also clause 3 of rule
    XIX); (5) in the absence of a quorum, the motion for a call of the House
    (VIII, 2642); (6) a motion to dispense with further proceedings under
    the call (VIII, 2643); (7) a motion directing the Sergeant-at-Arms to
    arrest absentees during a call of the House (June 6, 1973, p. 18403). A
    conference report may defer it only until the report is before the House
    (V, 6451-6453).
      Pursuant to clause 6(b) of rule XIII or clause 1(b) of rule XV, only
    one motion to adjourn is in order pending consideration of a privileged
    report from the Committee on Rules or a motion that the House suspend
    the rules, respectively. The motion may be made: (1) after the yeas and
    nays are ordered and before the roll call has begun (V, 5366); (2)
    before the reading of the Journal (IV, 2757) or the Speaker's approval
    thereof (Speaker Wright, Nov. 2, 1987, p. 30386); (3) pending a motion
    to reconsider (Sept. 20, 1979, p. 25512); (4) after the House rejects a
    motion to table a motion to instruct conferees and before the vote
    occurs on the motion to instruct (May 29, 1980, pp. 12717-19); (5) when
    the Speaker is absent and the Clerk is presiding (I, 228). The motion to
    adjourn may not interrupt a Member who has the floor (V, 5369, 5370;
    VIII, 2646; Mar. 25, 1993, p. 6373; Oct. 1, 1997, p. 20902) including,
    for example, by virtue of unanimous-consent permission to announce to
    the House the legislative program (Dec. 14, 1982, p. 30549). It may not:
    (1) interrupt a call of the yeas and nays (V, 6053) or the actual act of
    voting by other means (V, 5360); (2) be made after the House has voted
    to go into Committee of the Whole (IV, 4728; V, 5367, 5368); (3) defer
    the right of a Member to take the oath (I, 622); (4) be repeated in the
    absence of intervening business (Speaker Albert, July 31, 1975, p.
    26243). When no question is under debate it may not displace a motion to
    fix the day to which the House shall adjourn (V, 5381). The motion to
    adjourn is not available when the previous question has been ordered by
    special rule to final passage without intervening motion (IV, 3211-3213,
    June 14, 2001, p. 10725; Apr. 18, 2002, p. 4969). A Member's mere
    revelation that the Member seeks to offer a motion to adjourn does not
    suffice to make that motion ``pending,'' and thus the Chair remains able
    to declare a recess under clause 12(a) of rule I (Oct. 28, 1997, p.
    23524; June 25, 2003, p. 16241; July 13, 2009, p. 17493).
      When the House has fixed the hour of daily meeting, the simple motion
    to adjourn may not be amended (V, 5754), whether by specifying a
    particular day (V, 5360) or hour (V, 5364) (but see Sec. 913, infra, for
    a discussion of the equally privileged motion to fix the day and time to
    which the House shall adjourn); or by stating the purposes of
    adjournment (V, 5371, 5372; VIII, 2647). However, when the hour of daily
    meeting is not fixed, the motion to adjourn may fix it (V, 5362, 5363).
    A motion to adjourn is in order in simple form only (VIII, 2647), is not
    debatable (V, 5359; Feb.

    [[Page 704]]

    13, 2002, p. 1291), may not be laid on the table (Aug. 3, 1990, p.
    22195), is not in order in Committee of the Whole (IV, 4716), and is not
    entertained when the Committee of the Whole rises to report proceedings
    incident to securing a quorum (VI, 673; VIII, 2436). After the motion is
    made neither another motion nor an appeal may intervene before the
    taking of the vote (V, 5361). When the House adopts the motion to
    adjourn, it must adjourn immediately; and a unanimous-consent request
    that the House proceed to the calling of special-order speeches is not
    in order (Sept. 27, 1993, p. 22608).
      The <> motion to fix the day and time to which the House shall
    adjourn, in its present form, was included in this clause and given
    privileged status in the 93d Congress (H. Res. 6, Jan. 3, 1973, p. 26).
    At several times during the 19th century, the motion to fix the day to
    which the House should adjourn was included within the rule as to the
    precedence of motions but was dropped because of its use in obstructive
    tactics (V, 5301, 5379). The following precedent relates to the use of
    the motion in its earlier form: No question being under debate, a motion
    to fix the day to which the House should adjourn, already made, was held
    not to give way to a motion to adjourn (V, 5381). But if the motion to
    adjourn be made first, the motion to fix the day or for a recess is not
    entertained (V, 5302). The motion to fix the day is not debatable (V,
    5379, 5380; VIII, 2648, 3367), requires a quorum for adoption (IV, 2954;
    June 19, 1975, p. 19789; June 22, 1976, p. 19755), and is only in order
    if offered on the day on which the adjournment applies (Sept. 23, 1976,
    p. 32104). The House may convene and adjourn twice on the same calendar
    day pursuant to a motion under this clause that when the House adjourn
    it adjourn to a time certain later in the day, thereby meeting for two
    legislative days on the same calendar day (Nov. 17, 1981, p. 27771; Oct.
    29, 1987, p. 29933; June 29, 1995, p. 17716). When the Speaker exercises
    discretion to entertain at any time a motion that when the House adjourn
    it stand adjourned to a day and time certain, the motion is of equal
    privilege with the simple motion to adjourn and takes precedence over a
    pending question on which the vote has been objected to for lack of a
    quorum (Nov. 17, 1981, p. 27770). The motion is not subject to the
    motion to lay on the table because it is not debatable and the
    precedence conferred on the motion to table only applies to a question
    that is ``under debate'' (Nov. 17, 1981, p. 27770).
      Under the express terms of clause 4, the motion to authorize the
    Speaker to declare a recess is nondebatable and has equal privilege with
    the motion to adjourn. The House (without the consent of the Senate) may
    authorize the Speaker to declare a recess for up to three days (Dec. 15,
    1995, p. 37102).

    [[Page 705]]

      The <> motion to lay on
    the table is used in the House for a final, adverse disposition of a
    matter without debate (V, 5389), and is in order before the Member
    entitled to prior recognition for debate has begun remarks (V, 5391-
    5395; VIII, 2649, 2650). Under the explicit terms of this clause, the
    motion is not debatable (Oct. 17, 1991, p. 26749). The motion is
    applicable to a motion to reconsider (VIII, 2652, 2659), a motion to
    postpone to a day certain (VIII, 2654, 2657), a resolution presenting a
    question of privilege (VI, 560), a privileged resolution offered at the
    direction of a party caucus electing Members to committees (Feb. 5,
    1997, p. 1541), an appeal from a decision of the Chair (VIII, 3453; June
    22, 2006, p. 12299), a motion to discharge a committee from a resolution
    of inquiry (VI, 415), a proposal to investigate with a view to
    impeachment (VI, 541), a concurrent resolution to adjourn sine die (Mar.
    27, 1936, p. 4512), and a resolution to expel a Member (Oct. 1, 1976, p.
    35111). But a question of privilege (affecting the right of a Member to
    a seat) that has been laid on the table may be taken therefrom on motion
    made and agreed to by the House (V, 5438). The motion to lay on the
    table has the precedence given it by the rule, but may not be made after
    the previous question is ordered (V, 5415-5422; VIII, 2655), or even
    after the yeas and nays have been ordered on the demand for the previous
    question (V, 5408, 5409); but pending the demand for the previous
    question on a motion that is under debate, the motion to lay the primary
    motion on the table is preferential and is voted on first (Speaker
    Albert, Sept. 22, 1976, pp. 31876-82; Speaker O'Neill, July 10, 1985,
    pp. 18397-18400). The previous question having been ordered on a bill to
    final passage, the motion to lay the bill on the table may not then be
    offered pending a motion to reconsider the vote whereby the bill had
    been passed or rejected (Sept. 20, 1979, p. 25512).
      When a bill is laid on the table, pending motions connected therewith
    go to the table also (V, 5426, 5427); and when a proposed amendment is
    laid on the table the pending bill goes there also (V, 5423; VIII,
    2656), and if a pending amendment to a special order reported from the
    Committee on Rules were tabled, it would carry the resolution with it
    and is thus considered dilatory under former clause 4(b) of rule XI
    (current clause 6(b) of rule XIII) (Sept. 25, 1990, p. 25575). This rule
    holds true as to a House bill with Senate amendments (V, 5424, 6201-
    6203; Sept. 28, 1978, p. 32334), but laying on the table the motion to
    postpone consideration of Senate amendments was held not to carry to the
    table pending motions for their disposition (VIII, 2657). The Journal
    does not accompany a proposed amendment to the table (V, 5435, 5436);
    the original question does not accompany an appeal (V, 5434); a
    resolution does not accompany a preamble or another resolution with
    which it is connected (V, 5428, 5430); a petition does not accompany the
    motion to receive it when the latter is laid on the table (V, 5431-
    5433); and a bill does not accompany a motion to instruct conferees that
    is laid on the table (VIII, 2658).

    [[Page 706]]

      A motion to lay on the table a motion to reconsider the vote by which
    an amendment to a resolution had been agreed to would not carry the
    resolution to the table (VIII, 2652).
      The motion is not in order in Committee of the Whole (IV, 4719, 4720;
    VIII, 2330, 2556a, 3455; Mar. 16, 1995, p. 8112; July 21, 1999, p.
    17054) and does not apply to motions to resolve into the Committee of
    the Whole (VI, 726). It may not be amended (V, 5754), for example, to
    operate for a specified time (Oct. 17, 1991, p. 26749).
      The motion to lay on the table generally is not applicable to motions
    that are neither debatable nor amendable. As such, it is not applicable
    to the following motions: (1) to adjourn (Aug. 3, 1990, p. 22195); (2)
    that when the House adjourn it stand adjourned to a day and time certain
    (Nov. 17, 1981, p. 27770); (3) to dispense with further proceedings
    under a call of the House (Speaker McCormack, Aug. 27, 1962, pp. 17651-
    54); (4) to order the previous question (V, 5410, 5411; Oct. 4, 1994, p.
    27649). Furthermore, the motion may not be applied to: (1) a motion to
    suspend the rules (V, 5405); (2) a motion to commit after the previous
    question is ordered (V, 5412-5414; VIII, 2653, 2655); (3) any motion
    relating to the order of business (V, 5403, 5404). It may not be applied
    to a motion to discharge a committee under former clause 3 of rule XXVII
    (current clause 2 of rule XV) (June 11, 1945, p. 5892) but may be
    applied to the motion to discharge a committee from consideration of a
    resolution of inquiry (V, 5407).
      The motion to lay on the table is applicable to debatable secondary or
    privileged motions for disposal of another matter; thus a motion to
    refer (V, 5433; Aug. 13, 1982, pp. 20969, 20975-78) or a motion to
    recede and concur in a Senate amendment in disagreement may be laid on
    the table (Speaker O'Neill, Feb. 22, 1978, p. 4072) without carrying the
    pending matter to the table. The motion is not applicable to a
    conference report (V, 6540).
       <> The
    precedents relating to the motion for the previous question are
    annotated in Sec. Sec. 994-1000.
      As <> indicated in the rule,
    the motions to postpone are two in number and distinct. The first one is
    to postpone to a day certain, and the second one is to postpone
    indefinitely. Each must apply to the whole and not a part of the pending
    proposition (V, 5306). Neither may be entertained after the previous
    question is ordered (V, 5319-5321; VIII, 2616, 2617), or be applied to a
    special order providing for the consideration of a class of bills (V,
    4958); but when a bill comes before the House under the terms of a
    special order that assigns a day merely, a motion to postpone may be
    applied to the bill (IV, 3177-3182). Business postponed to a day certain
    is in order on that day immediately after the approval of the Journal
    and disposition of business on the Speaker's table, unless displaced by
    more highly privileged business (VIII, 2614). If consideration of a
    measure postponed to

    [[Page 707]]

    a day certain resumes as unfinished business in the House, recognition
    for debate does not begin anew but recommences from the point where it
    was interrupted (June 10, 1980, p. 13801). It is not in order to move to
    postpone pending business to Calendar Wednesday (VIII, 2614), but if so
    postponed by consent, when consideration is concluded on that Wednesday,
    proceedings under the Calendar Wednesday rule are in order (VII, 970).
    The motion is not available in Committee of the Whole (July 14, 1998, p.
    15305), but a motion that a bill be reported with the recommendation
    that it be postponed is in order in Committee of the Whole proceeding
    under the general rules of the House (IV, 4765; VIII, 2372), is
    debatable (VIII, 2372), and is a preferential motion (VIII, 2372, 2615),
    but debate is confined to the advisability of postponement only (VIII,
    2372). The House has postponed, along with the underlying matter, an
    appeal from a decision of the Chair thereon (VIII, 2613). A bill under
    consideration in the morning hour may not be made a special order by a
    motion to postpone to a day certain (IV, 3164).
      The motion to postpone to a day certain may not specify the hour (V,
    5307). The motion may be amended (V, 5754; VIII, 2824). It is debatable
    only within narrow limits (V, 5309, 5310), the merits of the bill to
    which it is applied not being within those limits (V, 5311-5315; VIII,
    2372, 2616, 2640).
      The motion to postpone indefinitely opens to debate all the merits of
    the proposition to which it is applied (V, 5316). It may not be applied
    to the motion to refer (V, 5317), the motion to suspend the rules (V,
    5322), or the motion to resolve into the Committee of the Whole (VI,
    726), and it is reasonable to infer that it is equally inapplicable to
    the other motions enumerated in the rule and to motions relating to the
    order of business. However, the motion to postpone indefinitely may be
    applied to the motion that the House resolve itself into the Committee
    of the Whole pursuant to the provisions of a statute, enacted under the
    rulemaking power of the House of Representatives, that specifically
    allows such a motion in the consideration of a resolution disapproving a
    certain executive action (Mar. 10, 1977, p. 7021; Aug. 3, 1977, p.
    26528).
      The <> parliamentary motion to
    refer is explicitly recognized and given status in four different
    situations under House rules: the ordinary motion provided for in this
    clause; the motion to recommit (or commit, as the case may be), with or
    without instructions, pending the motion for or after ordering of the
    previous question as provided in clause 2(a) of rule XIX (V, 5569); the
    motion to recommit (or commit, as the case may be), with or without
    instructions, after the previous question has been ordered on a bill or
    joint resolution to final passage, provided in clause 2(b) of rule XIX;
    and the motion to refer, with or without instructions, pending a vote in
    the House to strike the enacting clause as provided in clause 9 of rule
    XVIII. The terms ``refer,'' ``commit,'' and ``recommit'' are sometimes
    used interchangeably (V, 5521; VIII, 2736), but when used in the precise
    manner and situation con

    [[Page 708]]

    templated in each rule reflect certain differences based upon whether
    the question to which applied is ``under debate,'' whether the motion
    itself is debatable, whether a minority Member or a Member opposed to
    the question to which the motion is applied is entitled to a priority of
    recognition, and whether the prohibition against a special order
    reported from the Committee on Rules denying a motion to recommit a bill
    or joint resolution pending final passage is applicable. For a
    discussion of the motion to recommit, see the annotations under clause 2
    of rule XIX. The motion may not be used in direct form in Committee of
    the Whole (IV, 4721; VIII, 2326); and if a bill is being considered
    under the provisions of a resolution stating that ``at the conclusion of
    the consideration of the bill for amendment under the five-minute rule
    the Committee shall rise and report the bill back to the House with such
    amendments as may have been adopted,'' a motion that the Committee rise
    and report to the House with the recommendation that the bill be
    recommitted to the legislative committee reporting it is not in order
    (Aug. 10, 1950, p. 12219). It may be made after the engrossment and
    third reading of a bill, even though the previous question may not have
    been ordered (V, 5562, 5563).
      If the previous question is rejected on a preferential motion to
    dispose of Senate amendments in disagreement, the preferential motion
    remains ``under debate'' and the motion to refer may be offered under
    this clause (Speaker Albert, Sept. 16, 1976, p. 30887). Where a motion
    for the previous question on a resolution has preempted a pending motion
    to refer such resolution, the motion to refer remains pending and
    debatable under the hour rule upon rejection of the motion for the
    previous question (Apr. 22, 2010, p. 6084). A motion to refer takes
    precedence over a motion to amend when a question is under debate (such
    as where the previous question has been rejected), and the Chair
    recognizes the Member seeking to offer the preferential motion before
    the less preferential motion is read (Aug. 13, 1982, pp. 20969, 20975-
    78).
      The simple motion to refer under the first sentence of this clause is
    debatable within narrow limits (V, 5054) and may be offered by any
    Member (who need not qualify as being in opposition to the pending
    question) when that question is ``under debate,'' i.e., when the
    previous question has not been moved or ordered, but the merits of the
    proposition sought to be referred may not be brought into the debate (V,
    5564-5568; VI, 65, 549; VIII, 2740). The motion to refer with
    instructions is also debatable (V, 5561); but the previous question is
    preferential (Mar. 22, 1990, p. 4997).
      The <> motion
    to refer may specify that the reference shall be to a select as well as
    a standing committee (IV, 4401) without regard for rules of jurisdiction
    (IV, 4375; V, 5527) and may provide for reference to another committee
    than that reporting the bill (VIII, 2696, 2736), or to the Committee of
    the Whole (V, 5552, 5553), and even that the committee be endowed with
    power to send for persons and papers (IV, 4402). Unless the previous
    question is ordered the motion may be amended (VIII, 2712, 2738)

    [[Page 709]]

    in part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by adding
    instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug. 13, 1982,
    pp. 20969, 20975-78).
      The <> rule specifies that the
    motions to postpone and refer shall not be repeated on the same day at
    the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). As a
    matter of practice, a motion to adjourn may be repeated only after
    intervening business (V, 5373; VIII, 2814), debate (V, 5374), the
    ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on
    a question of order (V, 5378), or reception of a message (V, 5375). The
    motion to lay on the table may also be repeated after intervening
    business (V, 5398-5400); but the ordering of the previous question (V,
    5709), a call of the House (V, 5401), or decision of a question of order
    have been held not to be such intervening business, it being essential
    that the pending matter be carried to a new stage in order to permit a
    repetition of the motion (V, 5709).

    Divisibility
      5. <> (a) Except as provided in
    paragraph (b), a question shall be divided on the demand of a Member,
    Delegate, or Resident Commissioner before the question is put if it
    includes propositions so distinct in substance that, one being taken
    away, a substantive proposition remains.
      (b)(1) A motion or resolution to elect members to a standing committee
    of the House, or to a joint standing committee, is not divisible.
      (2) A resolution or order reported by the Committee on Rules providing
    a special order of business is not divisible.
      (c) <> A
    motion to strike and insert is not divisible, but rejection of a motion
    to strike does not preclude another motion to amend.

      Paragraphs (a) and (b) (former clause 6) were first adopted in 1789,
    and were amended in 1837 (V, 6107). Paragraph (b)(1) (first part of the
    former proviso) was adopted April 2, 1917 (VIII, 2175), and paragraph
    (b)(2) (last part of the former proviso) was adopted May 3, 1933 (VIII,

    [[Page 710]]

    3164). Paragraph (c) (first part of former clause 7) was adopted in
    1811, and amended in 1822 (V, 5767). When the House recodified its rules
    in the 106th Congress, former clause 5 of this rule (requiring time of
    adjournment to be entered on the Journal) was transferred to clause
    2(c)(2) of rule II, paragraphs (a) and (b) were found in former clause
    6, and paragraph (c) was found in the first part of former clause 7 (H.
    Res. 5, Jan. 6, 1999, p. 47).
      The House may by adoption of a resolution reported from the Committee
    on Rules suspend the rule providing for the division of a question (VII,
    775).
      The <> principle that there must be at least two substantive
    propositions in order to justify division is insisted on rigidly (V,
    6108-6113), because failure to do so produces difficulties (III, 1725).
    The question may not be divided after it has been put (V, 6162), or
    after the yeas and nays have been ordered (V, 6160, 6161); but division
    of the question may be demanded after the previous question is ordered
    (V, 5468, 6149; VIII, 3173). In passing on a demand for division the
    Chair considers only substantive propositions and not the merits of the
    question presented (V, 6122). It seems to be most proper, also, that the
    division should depend on grammatical structure rather than on the
    legislative propositions involved (I, 394; V, 6119), but a question
    presenting two propositions grammatically is not divisible if either
    does not constitute a substantive proposition when considered alone
    (VII, 3165). Thus a resolution censuring a Member and adopting a report
    of a committee thereon, which recommends censure on the basis of the
    committee's findings, is not divisible because those questions are
    substantially equivalent (Speaker O'Neill, Oct. 13, 1978, p. 37016); and
    an adjournment resolution that also authorizes the receipt of veto
    messages from the President during the adjournment is not subject to a
    division of the question, because the receipt authority would be
    nonsensical standing alone (June 30, 1976, p. 21702). However, a
    concurrent resolution on the budget is subject to a demand for a
    division of the question if, for example, the resolution grammatically
    and substantively relates to different fiscal years (May 7, 1980, pp.
    10185-87), or includes a separate, hortatory section having its own
    grammatical and substantive meaning (Speaker Foley, Mar. 5, 1992, p.
    4657).
      Decisions have been made that a resolution affecting two individuals
    may be divided, although such division may involve a reconstruction of
    the text (I, 623; V, 6119-6121). The better practice seems to be,
    however, that this reconstruction of the text should be made by the
    adoption of a substitute amendment of two branches, rather than by
    interpretation of the Chair (II, 1621). But merely formal words, such as
    ``resolved,'' may be supplied by interpretation of the Chair (V, 6114-
    6118). A resolution with two resolving clauses separately certifying the
    contemptuous conduct of two individuals is divisible (Feb. 27, 1986, p.
    3040); as is a resolution with one resolving clause certifying
    contemptuous conduct of several indi

    [[Page 711]]

    viduals (Oct. 27, 2000, p. 25200; contrast, Deschler-Brown, ch. 30,
    Sec. 49.1). A measure containing a series of simple resolutions (V,
    6149), and a resolution confirming several nominations (Speaker Albert,
    Mar. 19, 1975, p. 7344) may be divided. A resolution of impeachment
    presenting discrete articles may be divided (VI, 545; Dec. 18, 1998, p.
    11064; June 19, 2009, pp. 15754, 15759-61; Mar. 11, 2010, p. 3153).
      Except on resolutions to elect Members to committees or on resolutions
    reported from the Committee on Rules providing a special order of
    business, where division of the question is prohibited by this clause, a
    resolution reported from the Committee on Rules may be divided if
    otherwise appropriate. Thus a resolution reported from that committee
    establishing several select committees in grammatically divisible
    titles, not being a special order of business, is subject to a demand
    for a division of the question (Jan. 8, 1987, p. 1036). However, it is
    not in order to demand a division of a subject incorporated by reference
    in the pending text, as when a resolution to adopt a series of rules,
    not made a part of the resolution, was before the House, it was held not
    in order to demand a separate vote on each rule (V, 6159).
      The question on engrossment and third reading under former clause 1 of
    rule XXI (current clause 8(c) of rule XVI) is not divisible (Speaker
    Foley, Aug. 3, 1989, p. 18544); and in voting on the engrossment or
    passage of a bill or joint resolution, a separate vote may not be
    demanded on the various portions (V, 6144-6146; VIII, 3172), or on the
    preamble (V, 6147).
      Where an amendment is offered to an appropriation bill providing that
    no part of the appropriation may be paid to named individuals, the
    amendment may be divided for a separate vote on each name (Feb. 5, 1943,
    p. 645). An amendment (to a joint resolution making continuing
    appropriations) containing separate paragraphs appropriating funds for
    different programs may be substantively and grammatically divisible
    although preceded by the same prefatory language applicable to all the
    paragraphs, and the Clerk will read each paragraph as including the
    prefatory language before the Chair puts the question thereon (Nov. 8,
    1983, p. 31495). A division may be demanded on an amendment to strike
    various unrelated phrases (VIII, 3166; Mar. 28, 1984, p. 6898). An
    amendment proposing to change a figure in one paragraph of an
    appropriation bill and also to insert a new (``fetch-back'') paragraph
    at another point in the bill is divisible (July 15, 1993, p. 15843).
    Absent a contrary order, the question may be divided on amendments en
    bloc comprising discrete instructions to amend, even though unanimous
    consent has just been granted for the en bloc consideration (July 25,
    1990, p. 19174; July 18, 1991, p. 18851).
      A division of the question may not be demanded on a motion to strike
    and insert (V, 5767, 6123; VIII, 3169), including substitutes for
    pending amendments (V, 6127; VIII, 3168; Aug. 17, 1972, pp. 28887-90;
    July 2, 1980, pp. 18288-92), although an amendment comprising two
    discrete instructions to strike and insert may be divided (June 4, 1998,
    p. 5418) and a perfecting amendment to an amendment may be divided if
    not in the

    [[Page 712]]

    form of a motion to strike and insert (V, 6131). When it is proposed to
    strike and insert not one but several connected matters, it is not in
    order to demand a separate vote on each of those matters (V, 6124,
    6125), as when an amendment in the nature of a substitute containing
    several resolutions is proposed; but after this amendment has been
    agreed to, it is in order to demand a division of the original
    resolution as amended (V, 6127, 6128). When, however, an amendment
    simply adding or inserting is proposed, it is in order to divide the
    amendment (V, 6129-6133). To a motion to strike certain words and insert
    others, a simple motion to strike the words may not be offered as a
    substitute, because it would have the effect of dividing the motion to
    strike and insert (June 29, 1939, pp. 8282, 8284; June 19, 1979, pp.
    15566-68).
      A division may be demanded on the motion to recede from disagreement
    to a Senate amendment and concur therein (see Sec. 525, supra; V, 6209;
    VIII, 3197-3199, 3203), but may not be demanded on Senate amendments
    when sending to conference (V, 6151-6156; VIII, 3175). A division of the
    question may not be demanded, with respect to a motion to concur in a
    Senate amendment with an amendment, between concurring and amending
    (VIII, 3176), and may not be demanded on separate parts of the proposed
    amendment if it is not properly divisible under the same tests that
    apply to any other amendment (Aug. 3, 1973, pp. 28124-26; Oct. 11, 1984,
    p. 32188). Thus a proposed amendment to a Senate amendment is not
    divisible if in the form of a motion to strike and insert (Oct. 15,
    1986, p. 32135). Each Senate amendment must be voted on as a whole
    (VIII, 3175) but the Committee of the Whole having reported a Senate
    amendment with the recommendation that it be agreed to with an
    amendment, a separate vote was had on the amendment to the Senate
    amendment (VIII, 2420). When Senate amendments to a House bill are
    considered in the House, a separate vote may be had on each amendment
    (VIII, 2383, 2400, 3191), and separate votes may be had on nongermane
    portions of Senate amendments as provided in clause 10 of rule XXII.
      It is not in order to divide a motion to lay several connected
    propositions on the table (V, 6138-6140). Similarly, it is not in order
    to divide a motion for the previous question on two related
    propositions, as on a special order reported from the Committee on Rules
    and a pending amendment thereto (Sept. 25, 1990, p. 25575). An appeal
    from a decision of the Speaker involving two distinct questions may be
    divided (V, 6157).
      On a motion to commit with instructions it is not in order to demand a
    separate vote on the instructions or various branches thereof (V, 6134-
    6137; VIII, 2737, 3170; Speaker Rayburn, Apr. 11, 1956, p. 6157; June
    29, 1993, p. 14618). However, an amendment reported forthwith pursuant
    to instructions contained in a successful motion to recommit may be
    divided on the question of its adoption if composed of substantively and
    grammatically distinct propositions (June 29, 1993, p. 14618; May 28,
    2010, p. 9946). A motion to recommit a bill to conference with various
    instructions may not be divided (Sept. 29, 1994, p. 27681). However, a
    motion to instruct

    [[Page 713]]

    conferees under clause 7(c) of rule XXII (when multiple motions are in
    order) may be divided (Speaker Byrns, May 26, 1936, p. 7951; Sept. 20,
    2000, p. 18622), provided that separate substantive propositions are
    presented (Speaker Rayburn, May 9, 1946, p. 4750). A conference report
    is considered as a whole (Oct. 8, 2009, p. 24376).
      A division of the question may not be demanded on bills or joint
    resolutions for reference (IV, 4376) or change of reference (VII, 2125),
    a motion to elect Members to committees of the House (VIII, 2175, 3164),
    a question against which a point of order is pending (VIII, 3432), or a
    proposition under a motion to suspend the rules (V, 6141-6143; VIII,
    3171). A proposition reported from the Committee of the Whole as an
    entire and distinct amendment may not be divided (IV, 4883-4892). A
    separate vote may not be demanded in the House on an amendment adopted
    in the Committee of the Whole to an amendment (VIII, 2422, 2426, 2427).
      After the vote on the first portion of the question, the second is
    open to debate and amendment, unless the previous question is ordered
    (see Sec. 482, supra). If a motion to concur in a Senate amendment is
    divided pursuant to a special rule, the Chair puts the question first on
    the first portion of the Senate amendment, and then on the remaining
    portion (Mar. 4, 1993, p. 4163). If a division of the question is
    demanded on a portion of an amendment, the Chair puts the question first
    on the remaining portions of the amendment, and that portion on which
    the division is demanded remains open for further debate and amendment
    (Oct. 21, 1981, pp. 24785-89). However, if no further debate or
    amendment is in order on the divided portion, the Chair may put the
    question first on the divided portion(s) and then immediately on the
    remaining portion (Aug. 17, 1972, Deschler, ch. 27, Sec. 22.14; June 8,
    1995, p. 15302). If a division of the question is demanded on more than
    one portion of an amendment, the Chair may put the question first on the
    remaining portions of the amendment (if any), then (after further
    debate) on the first part on which a division is demanded, and then
    (after further debate) on the last part on which a division is demanded
    (Oct. 21, 1981, pp. 24785-89). If the question on adopting an amendment
    is divided by special rule (rather than on demand from the floor), the
    Chair puts the question on each divided portion of the amendment in the
    order in which it appears (May 23, 1996, p. 12316).
      A demand for a division of the question on a separate portion of an
    amendment may be withdrawn before the question is put on the first
    portion thereof (July 15, 1993, p. 15843), but once the Chair has put
    the question on the first portion of the amendment, a demand for a
    division may be withdrawn only by unanimous consent (Sept. 9, 1976, pp.
    29538-40).

    Amendments
      6. <> When an amendable
    proposition is under consideration, a motion to amend and a motion to
    amend that amend

    [[Page 714]]

    ment shall be in order, and it also shall be in order to offer a further
    amendment by way of substitute for the original motion to amend, to
    which one amendment may be offered but which may not be voted on until
    the original amendment is perfected. An amendment may be withdrawn in
    the House at any time before a decision or amendment thereon. An
    amendment to the title of a bill or resolution shall not be in order
    until after its passage or adoption and shall be decided without debate.

      This provision (formerly rule XIX) was adopted in 1880, with an
    amendment adding the portion in relation to the title in 1893. The rule
    of 1880, however, merely stated in form of rule what had been the
    practice of the House for many years (V, 5753). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former rule XIX (H. Res. 5, Jan. 6, 1999, p. 47). For further discussion
    see Deschler, ch. 27, Sec. Sec. 15-19.
      It <> is not in
    order to offer more than one motion to amend of the same nature at a
    time (V, 5755; VIII, 2831), but the four motions specified by the rule
    may be pending at the same time (V, 5793; VIII, 2883, 2887). Where,
    pursuant to a special rule, a committee amendment in the nature of a
    substitute is being read as original text for purpose of amendment,
    there may be pending to that text the four stages of amendment permitted
    by this rule (Apr. 23, 1969, p. 10066). When a request for a recorded
    vote in the Committee of the Whole is postponed under authority of a
    special order of the House (such authority now found in clause 6(g) of
    rule XVIII), the amendment becomes unfinished business and is no longer
    pending, thereby permitting the offering of another amendment (May 10,
    2000, p. 7513). An amendment in the third degree is not specified by the
    rule and is not permissible (V, 5754; VIII, 2580, 2888, 2891), even when
    the third degree is in the nature of a substitute for an amendment to a
    substitute (V, 5791; VIII, 2889).
      An amendment must contain instructions to the Clerk as to the portion
    of the bill it seeks to amend and is subject to a point of order if not
    in proper form (Oct. 3, 1985, p. 25970). An amendment may not propose to
    change portions of a measure not yet read for amendment (Mar. 24, 1999,
    p. 5418). Under a ``modified-closed'' rule permitting only amendments
    printed in the report accompanying the rule, the Chair will permit an
    amendment to be offered in the form actually submitted for printing
    rather than requiring that it be offered in the erroneous form printed
    (Mar. 10, 1994, p. 4405). The Chair does not entertain a unanimous-
    consent request

    [[Page 715]]

    to add a co-offeror of an amendment (May 20, 2004, p. 10631; Sept. 14,
    2004, p. 18429; Apr. 29, 2015, p. _) or to change the offeror of a
    pending amendment (Apr. 29, 2015, p. _).
      A Member may not amend or modify his or her own amendment except by
    unanimous consent (Oct. 1, 1985, p. 25453); and if the Chair recognizes
    the proponent of an amendment to propound such a unanimous-consent
    request before commencing debate, the Chair does not charge time
    consumed under a reservation of objection against the proponent's time
    for debate on the amendment (Feb. 3, 1993, p. 1978; May 27, 1993, p.
    11849). Under the five-minute rule, the proponent of an amendment may
    not yield to another to offer an amendment to the amendment; rather an
    amendment to the amendment may be offered after the proponent of the
    pending amendment has explained it (Sept. 7, 1995, p. 24071).
      Two independent amendments may be voted on at once only by unanimous
    consent of the House (V, 5979). Amendments en bloc, once pending, are
    open to perfecting amendment at any point (June 12, 1991, p. 14337). If
    a point of order is sustained against a discrete portion of an en bloc
    amendment, the entire en bloc amendment may not be considered; however,
    each constituent amendment may be offered separately if otherwise in
    order (Sept. 16, 1981, pp. 20735-38). An amendment considered with
    others en bloc and rejected may be offered separately at a subsequent
    time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932).
      The substitute provided for in this rule has been construed as a
    substitute for the amendment and not as a substitute for the original
    text (VIII, 2883). A substitute amendment may be amended by striking all
    after its first word and inserting a new text (V, 5793, 5794). Although
    this is in effect a substitute, it is not technically so. A substitute
    always proposes to replace all the words of a pending amendment. The
    amendatory instructions contained in a substitute direct changes to be
    made in the original language rather than to the pending amendment.
    Although a substitute may change parts of a bill not changed by the
    pending amendment, the substitute must be germane to the pending
    amendment (VIII, 2879, 2880; Deschler, ch. 27, Sec. 18.6). A substitute
    may result in similar language to the original text proposed to be
    changed by the pending amendment, but may not result in identical
    language (Deschler, ch. 27, Sec. 18.15). To an amendment adding a new
    section, an amendment making perfecting changes in the bill rather than
    in the amendment is not a proper perfecting amendment, but may, if
    germane, be offered as a substitute for the amendment (Deschler, ch. 27,
    Sec. 18.7). The Chair will not look behind the form of the amendment in
    determining whether it is perfecting or a substitute (June 13, 1994, p.
    12731). Once a perfecting amendment to an amendment is disposed of, the
    original amendment, as amended or not, remains open to further
    perfecting amendment (June 20, 1991, p. 15610); and all such amendments
    are disposed of before voting on substitutes for the original amendment
    and amendments thereto (July 26, 1984, p. 21253).

    [[Page 716]]

      An amendment offered as a substitute and rejected may again be offered
    as an original amendment without presenting an equivalent question. In
    the first case the question is the relationship between the substitute
    and the amendment to which offered, and in the second case the question
    is the relationship between the original amendment and the text of the
    bill (V, 5797; VIII, 2843). An amendment that is adopted as amended by a
    substitute may not be reoffered in its original form if it would
    directly change the amended portion of the bill. However, it may be
    reoffered if the original amendment amends a different part of the bill
    (as in the case in which the amendatory instructions of the substitute
    displace the language of the original amendment). In such a case the
    vote on the amendment as amended by the substitute is not equivalent to
    a direct vote on the original amendment (June 25, 1987, p. 17416). An
    amendment considered with others en bloc and rejected may be offered
    separately at a subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4,
    1991, p. 29932).
      An amendment in the nature of a substitute always proposes to strike
    all after the enacting or resolving words in order to insert a new text
    (V, 5785, footnote). An amendment in the nature of a substitute may be
    proposed before amendments to the pending portion of original text have
    been acted on, but may not be voted on until such amendments have been
    disposed of (V, 5787). When a bill is considered by sections or
    paragraphs an amendment in the nature of a substitute is properly
    offered after the reading for amendment is concluded (V, 5788). However,
    when it is proposed to offer a single substitute for several paragraphs
    of a bill that is being considered by paragraph, the substitute may be
    moved to the first paragraph, with notice that, if agreed to, motions
    will be made to strike the remaining paragraphs (V, 5795; VIII, 2898,
    2900-2903; July 29, 1969, p. 21218). An amendment in the nature of a
    substitute, as well as the original proposition, may be perfected by
    amendments before the vote on it is taken (V, 5786). If there is pending
    an amendment in the nature of a substitute, it is in order to offer a
    perfecting amendment to the pending portion of original text (VIII,
    2861; Apr. 27, 1976, p. 11411; see also Deschler, ch. 27, Sec. 5.34). An
    amendment in the nature of a substitute having been agreed to, the vote
    is then taken on the original proposition as amended (II, 983; V, 5799,
    5800), and no further amendment is in order (Speaker O'Neill, Mar. 26,
    1985, p. 6274). If a perfecting amendment to an amendment in the nature
    of a substitute, striking all after the short title and inserting a new
    text, is agreed to, further amendments to the text so perfected are not
    in order, but amendments are in order to add new language at the end of
    the amendment in the nature of a substitute as amended (May 16, 1979, p.
    11420).
      Except <> as provided in clauses 4 and 5(a) of rule XXI, a point of order
    against an amendment is timely if made or reserved before formal
    recognition of the proponent to commence debate thereon (July 16, 1991,
    p. 18391; July 15, 1997, pp. 14492, 14493), but thereafter comes too
    late (V,

    [[Page 717]]

    6894, 6898-6899) unless the Member was on his or her feet seeking
    recognition for that purpose at the time the amendment was offered (July
    28, 1995, p. 20897; May 25, 2006, p. 9823). To preclude a point of
    order, debate should be on the merits of the proposition (V, 6901). The
    mere making of a unanimous-consent request to dispense with the reading
    of an amendment and to revise and extend remarks thereon is not such
    intervening business as would render a point of order untimely under
    this clause, if the Member making the point of order is on his or her
    feet seeking recognition (July 16, 1991, p. 18391; see Deschler-Brown,
    ch. 31, Sec. Sec. 6.39, 6.41). When enough of an amendment has been read
    to show that it is out of order, a point of order may be raised without
    waiting for the reading to be completed (V, 6886-6887; VIII, 2912, 3437;
    July 9, 2009, p. 17310), though the Chair may decline to rule until the
    entire proposition has been read (Dec. 14, 1973, pp. 41716-18). A timely
    reservation of a point of order by one Member inures to the benefit of
    any other Member who desires to raise a point of order (V, 6906; July
    18, 1990, p. 17930).
      Although <> the
    rule provides that either an ordinary or substitute amendment may be
    withdrawn in the House (V, 5753) or ``in the House as in Committee of
    the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn
    or modified in Committee of the Whole except by unanimous consent
    (clause 5 of rule XVIII; V, 5221; VIII, 2564, 2859) unless withdrawal
    authority has been conferred by the House (July 22, 1999, p. 17291; Apr.
    3, 2003, pp. 8490, 8491; Nov. 7, 2007, p. 30353).
      Pursuant <> to
    clause 4 of rule XVI, the motion for the previous question takes
    precedence over a motion to amend (Nov. 8, 1971, p. 39944); and if the
    previous question is not ordered, the motion to refer also has
    precedence over the motion to amend (V, 5555; VI, 373). Amendments
    reported by a committee are acted on before those offered from the floor
    (V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a
    pending section is considered before a committee amendment adding a new
    section at the end of the pending section (Oct. 4, 1972, pp. 33779-82),
    and there is a question as to the extent to which the chair of the
    committee reporting a bill should be recognized preferentially to offer
    amendments to perfect it over other Members (II, 1450). Amendments may
    not be offered by proxy (VIII, 2830). The motion to strike the enacting
    clause has precedence over the motion to amend, and may be offered while
    an amendment is pending (V, 5328-5331; VIII, 2622-2624); but the motion
    to amend takes precedence over a motion that the Committee of the Whole
    rise and report the bill with the recommendation that it pass (July 27,
    1937, p. 7699).
      With <> some exceptions an amendment may attach itself to secondary
    or privileged motions (V, 5754). Thus, the motions to postpone, refer,
    amend, for a recess, and to fix the day to which the House shall adjourn
    may be amended (V, 5754; VIII, 2824). But the motions for the previous

    [[Page 718]]

    question, to lay on the table, to adjourn (V, 5754) and to go into
    Committee of the Whole to consider a privileged bill may not be amended
    (IV, 3078, 3079; VI, 723-725).
      An amendment to the title of a bill is not in order in Committee of
    the Whole (Jan. 29, 1986, p. 682).

    Germaneness
      7. <> No motion or proposition on a
    subject different from that under consideration shall be admitted under
    color of amendment.

      This clause was adopted in 1789, and amended in 1822 (V, 5767, 5825).
    Before the House recodified its rules in the 106th Congress, this clause
    and clause 5(c) occupied a single former clause 7 (H. Res. 5, Jan. 6,
    1999, p. 47).
      It introduced a principle not then known to the general parliamentary
    law (V, 5825), but of high value in the procedure of the House (V,
    5866). Before the adoption of rules, when the House is operating under
    general parliamentary law, as modified by the usage and practice of the
    House, an amendment may be subject to the point of order that it is not
    germane to the proposition to which offered (Jan. 3, 1969, p. 23). The
    principle of the rule applies to a proposition by which it is proposed
    to modify the pending bill, and not to a portion of the bill itself (V,
    6929); thus a point of order will not lie that an appropriation in a
    general appropriation bill is not germane to the rest of the bill (Dec.
    16, 1963, p. 24753). In general, an amendment simply striking words
    already in a bill may not be ruled out as not germane (V, 5805; VIII,
    2918) unless such action would expand the scope and meaning of the text
    (VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment
    ``to strike the last word'' has been considered germane (July 28, 1965,
    p. 18639). Although a committee may report a bill or resolution
    embracing different subjects, it is not in order during consideration in
    the House to introduce a new subject by way of amendment (V, 5825). The
    rule that amendments should be germane applies to amendments reported by
    committees (V, 5806), but a resolution providing for consideration of
    the bill with committee amendments may waive points of order (Oct. 10,
    1967, p. 28406), and the point of order under this rule does not apply
    to a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of a nongermane amendment to a
    bill, because the amendment is not separately before the House during
    consideration of the special order (Feb. 24, 1993, p. 3542; July 27,
    1993, p. 17117). A resolution reported from the Committee on Rules
    providing for the consideration of a bill relating to a certain subject
    may be amended neither by an amendment that would substitute the
    consideration of a different proposition (V, 5834-5836; VIII, 2956;
    Sept. 14,

    [[Page 719]]

    1950, p. 14844) nor by an amendment that would permit the additional
    consideration of a nongermane amendment to the bill (May 29, 1980, pp.
    12667-73; Aug. 13, 1982, p. 20972). The Chair will not interpret as a
    point of order under a specific rule of the House an objection to a
    substitute as narrowing the scope of a pending amendment, absent some
    stated or necessarily implied reference to germaneness or other rule
    (June 25, 1987, p. 17415). The burden of proof is on the proponent of an
    amendment to establish its germaneness (VIII, 2995; July 10, 2000, p.
    13605), and if an amendment is equally susceptible to more than one
    interpretation, one of which will render it not germane, the Chair will
    rule it out of order (June 20, 1975, p. 19967). The Chair will not
    render an advisory opinion on whether a pending amendment is germane,
    there being no occasion for a ruling (Apr. 6, 2011, p. 5321).
      Under <> the later practice an amendment should be germane to the
    particular paragraph or section to which it is offered (V, 5811-5820;
    VIII, 2922, 2936; Oct. 14, 1971, pp. 36194, 36211; Sept. 19, 1986, p.
    24729), without reference to subject matter of other titles not yet read
    (July 31, 1990, p. 20816), and an amendment inserting an additional
    section should be germane to the portion of the bill to which it is
    offered (V, 5822; VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though
    it may be germane to more than one portion of a bill (Mar. 27, 1974, p.
    8508), and when offered as a separate paragraph is not required to be
    germane to the paragraph immediately preceding or following it (VII,
    1162; VIII, 2932-2935).
      The test of germaneness in the case of a motion to recommit with
    instructions is the relationship of the instructions to the bill taken
    as a whole (and not merely to the separate portion of the bill
    specifically proposed to be amended in the instructions) (Mar. 28, 1996,
    p. 6932). A special order of business directing that certain matter be
    added to the engrossment of a bill does not operate until passage of
    that bill (Mar. 5, 2008, p. 3296).
      Subject to clause 2(c) of rule XXI (requiring that limitation
    amendments to general appropriation bills be offered at the end of the
    reading of the bill for amendment), an amendment limiting the use of
    funds by a particular agency funded in a general appropriation bill may
    be germane to the paragraph carrying the funds, or to any general
    provisions portion of the bill affecting that agency or all agencies
    funded by the bill (July 16, 1979, p. 18807). However, to a paragraph
    containing funds for an agency but not transferring funds to that
    account from other paragraphs in the bill, an amendment increasing that
    amount by transfer from an account in another paragraph is not germane,
    because affecting budget authority for a different agency not the
    subject of the pending paragraph (July 17, 1985, p. 19436). Similarly,
    an amendment to a general appropriation bill in the form of a limitation
    on funds therein but extending to activities prescribed by laws
    unrelated to the functions of departments and agencies addressed by the
    bill is not germane (July 10, 2000, p. 13605).

    [[Page 720]]

      In passing on the germaneness of an amendment, the Chair considers the
    relationship between the amendment and the bill as modified by the
    Committee of the Whole (Apr. 23, 1975, p. 11545; July 8, 1987, p.
    19013).
      An amendment adding a new section to a bill being read by titles must
    be germane to the pending title (Sept. 17, 1975, p. 28925), but if a
    bill is considered as read and open to amendment at any point, an
    amendment must be germane to the bill as a whole and not to a particular
    section (Sept. 29, 1975, p. 30761; Jan. 30, 1986, p. 1052). If a title
    of a bill is open to amendment at any point, the germaneness of an
    amendment perfecting one section therein depends on its relationship to
    the title as a whole and not merely on its relationship to the one
    section (June 25, 1991, p. 16152). An amendment in the form of a new
    title, when offered at the end of a bill containing several diverse
    titles on a general subject, need not be germane to the portion of the
    bill to which offered, it being sufficient that the amendment be germane
    to the bill as a whole in its modified form (Nov. 4, 1971, p. 39267;
    July 2, 1974, p. 22029; Sept. 18, 1975, p. 29322; July 11, 1985, p.
    18601; Oct. 8, 1985, pp. 26548-51). Although the heading of the final
    title of a bill as ``miscellaneous'' does not thereby permit amendments
    to that title that are not germane thereto, the inclusion of
    sufficiently diverse provisions in such title affecting various
    provisions in the bill may permit further amendments that need only be
    germane to the bill as a whole (Apr. 10, 1979, pp. 8034-37).
      Under clause 10 of rule XXII, a portion of a conference report
    incorporating part of a Senate amendment in the nature of a substitute
    to a House bill, or incorporating part of a Senate bill that the House
    has amended, must be germane to the bill in the form passed by the
    House; thus where a House-passed bill contained several sections and
    titles amending diverse portions of the Internal Revenue Code relating
    to tax credits, a modified Senate provision adding a new section dealing
    with another tax credit was held germane to the House-passed measure as
    a whole (Speaker Albert, Mar. 26, 1975, p. 8900); but a Senate provision
    in a conference report on a Senate bill with a House amendment in the
    nature of a substitute which authorized appointment of a special
    prosecutor for any criminal offenses committed by certain Federal
    officials was held not germane to the House-passed bill, which related
    to offenses directly related to official duties and responsibilities of
    Federal officials (Oct. 12, 1978, pp. 36459-61).
      The test of germaneness of an amendment to or a substitute for an
    amendment in the nature of a substitute is its relationship to the
    substitute and not its relationship to the bill to which the amendment
    in the nature of a substitute has been offered (July 19, 1973, p. 24958;
    July 22, 1975, p. 23990; June 1, 1976, pp. 16051-56; July 28, 1982, pp.
    18355-58, 18361), and an amendment to a substitute is not required to
    affect the same page and line numbers as the substitute in order to be
    germane, it being sufficient that the amendment is germane to the
    subject matter of the substitute (Aug. 1, 1979, pp. 21944-47). When an
    amendment in the nature of a

    [[Page 721]]

    substitute is offered at the end of the first section of a bill, the
    test of germaneness is the relationship between the amendment and the
    entire bill, and the germaneness of an amendment in the nature of a
    substitute for a bill is not necessarily determined by an incidental
    portion of the amendment that, if offered separately, might not be
    germane to the portion of the bill to which offered (July 8, 1975, p.
    21633).
      The test of germaneness of an amendment offered as a substitute for a
    pending amendment is its relationship to the pending amendment and not
    its relationship to the underlying bill (Feb. 14, 1995, p. 4714).
      An amendment germane to the bill as a whole, but hardly germane to any
    one section, may be offered at an appropriate place with notice of
    motions to strike the following sections that it would supersede (V,
    5823; July 29, 1969, p. 21221). If a perfecting amendment to the text is
    offered pending a vote on a motion to strike the same text, the
    perfecting amendment must be germane to the text to which offered, not
    to the motion to strike (Oct. 3, 1969, p. 28454).
      The <> rule that amendments must be germane applies to amendments to
    the instructions in a motion to instruct conferees (VIII, 3230, 3235),
    and the test of germaneness of an amendment to a motion to instruct
    conferees, in addition to the measurement of scope of conference, is the
    relationship of the amendment to the subject matter of the House or
    Senate version of the bill (Deschler-Brown, ch. 28, Sec. 28.2). The rule
    of germaneness similarly applies to the instructions in a motion to
    recommit a bill to a committee of the House, because it is not in order
    to propose as part of a motion to recommit any proposition that would
    not have been germane if proposed as an amendment to the bill in the
    House (V, 5529-5541; VIII, 2708-2712; Mar. 2, 1967, p. 5155), and the
    instructions must be germane to the bill as perfected in the House (Nov.
    19, 1993, p. 30513), even if the instructions do not propose a direct
    amendment to the bill but merely direct the committee to pursue an
    unrelated approach (Speaker O'Neill, Mar. 2, 1978, p. 5272; July 16,
    1991, p. 18397) or direct the committee not to report the bill back to
    the House until an unrelated contingency occurs (VIII, 2704). Under the
    same rationale as amendments to a motion to instruct conferees,
    amendments to a motion to recommit to a standing committee with
    instructions must be germane to the subject matter of the bill (see V,
    6888; VIII, 2711).
      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions to a standing committee does not
    affect the requirement that the subject matter of the amendment be
    germane and within the jurisdiction of the committee reporting the bill
    (Mar. 2, 1967, p. 5155; July 16, 1991, p. 18397).

    [[Page 722]]

      In <> the consideration of Senate amendments to a House
    bill an amendment must be germane to the particular Senate amendment to
    which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506;
    Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to
    a Senate amendment is germane to the original House bill if it is not
    germane to the subject matter of a Senate amendment that merely inserts
    new matter and does not strike House provisions (V, 6188; VIII, 2936).
    But if a Senate amendment proposes to strike language in a House bill,
    the test of the germaneness of a motion to recede and concur with an
    amendment is the relationship between the language in the motion and the
    provisions in the House bill proposed to be stricken, as well as those
    to be inserted, by the Senate amendment (June 8, 1943, p. 5511; June 15,
    1943, p. 5899; Dec. 12, 1974, p. 39272). The test of the germaneness of
    an amendment to a motion to concur in a Senate amendment with an
    amendment is the relationship between the amendment and the motion, and
    not between the amendment and the Senate amendment to which the motion
    has been offered (Aug. 3, 1973, Deschler-Brown, ch. 28, Sec. 27.6).
    Formerly, a Senate amendment was not subject to the point of order that
    it was not germane to the House bill (VIII, 3425), but under changes in
    the rules points of order may be made and separate votes demanded on
    portions of Senate amendments and conference reports containing language
    that would not have been germane if offered in the House. Clause 10 of
    rule XXII permits points of order against language in a conference
    report that was originally in the Senate bill or amendment and that
    would not have been germane if offered to the House-passed version, and
    permits a separate motion to reject such portion of the conference
    report if found nongermane (Oct. 15, 1986, p. 31498). For purposes of
    that rule, the House-passed version, against which Senate provisions are
    compared, is that finally committed to conference, taking into
    consideration all amendments adopted by the House, including House
    amendments to Senate amendments (July 28, 1983, p. 21401). Clause 10 of
    rule XXII permits points of order against motions to concur or concur
    with amendment in nongermane Senate amendments, the stage of
    disagreement having been reached, and, if such points of order are
    sustained, permits separate motions to reject such nongermane matter.
    Clause 10 of rule XXII is not applicable to a provision contained in a
    motion to recede and concur with an amendment (the stage of disagreement
    having been reached) that is not contained in any form in the Senate
    version, the only requirement in such circumstances being that the
    motion as a whole be germane to the Senate amendment as a whole under
    clause 7 of rule XVI (Oct. 4, 1978, pp. 33502-06; June 30, 1987, p.
    18294).

    [[Page 723]]

      An <> amendment must relate to the subject matter under
    consideration. Thus, the following are not germane: to a bill seeking to
    eliminate wage discrimination based on the sex of the employee, an
    amendment to make the provisions of the bill applicable to
    discrimination based on race (July 25, 1962, p. 14778); to a bill
    establishing an office in the Department of the Interior to manage
    biological information, an amendment addressing socioeconomic matters
    (Oct. 26, 1993, p. 26082); to a bill authorizing military assistance to
    Israel and funds for the United Nations emergency force in the Middle
    East, an amendment expressing the sense of Congress that the President
    conduct negotiations to obtain a peace treaty in the Middle East and the
    resumption of diplomatic and trade relations between Arab nations and
    the United States and Israel (Dec. 11, 1973, p. 40842); to a concurrent
    resolution expressing congressional concern over certain domestic
    policies of a foreign government and urging that government to improve
    those internal problems in order to enhance better relations with the
    United States, amendments expressing the necessity for United States
    diplomatic initiatives as a consequence of that foreign government's
    policies (July 12, 1978, pp. 20500-05); to a resolution amending several
    clauses of a rule of the House but confined in its scope to the issue of
    access to committee hearings and meetings, an amendment to another
    clause of that rule relating to committee staffing (Mar. 7, 1973, p.
    6714); to a title of a bill that only addresses the administrative
    structure of a new department and not its authority to carry out
    transferred programs, an amendment prohibiting the department from
    withholding funds to carry out certain objectives (June 12, 1979, p.
    14485); to an amendment authorizing the use of funds for a specific
    study, an amendment naming any program established in the bill for an
    unrelated purpose for a specified Senator (Aug. 15, 1986, p. 22075); to
    one of two reconciliation bills reported by the Committee on the Budget,
    an amendment making a prospective indirect change to the other
    reconciliation bill not then pending before the House (June 25, 1997, p.
    12488); to a joint resolution continuing appropriations for the current
    fiscal year, a motion to recommit with instructions to revise the
    reconciliation instructions in the concurrent resolution on the budget
    (Sept. 29, 2005, p. 21795); to a general appropriation bill, an
    amendment in the form of a limitation on funds therein for activities
    unrelated to the functions of departments and agencies addressed by the
    bill (July 10, 2000, p. 13605); to a bill reauthorizing the National Sea
    Grant College Program, a proposal to amend existing law to provide for
    automatic continuation of appropriations in the absence of timely
    enactment of a regular appropriation bill (June 18, 1997, p. 11333); to
    a bill regulating immigration, an amendment reaffirming an agreement
    with Japan (VIII, 3050); to a bill opposing concessional loans to a
    country and outlining principles governing the conduct of industrial
    cooperation projects of U.S. nationals in that country, an amendment
    waiving provisions of other law by requiring changes in tariff schedules
    to achieve overall trade reciprocity between that country

    [[Page 724]]

    and the United States (Nov. 6, 1997, p. 24824); to a resolution
    authorizing the deployment of troops to implement a peace agreement, an
    amendment expressing support for the armed forces in carrying out such
    mission (Mar. 11, 1999, p. 4301); to a bill addressing enforcement of
    State liquor laws, an amendment addressing enforcement of State firearm
    laws (Aug. 3, 1999, p. 19213); to a bill addressing taxation under the
    Internal Revenue Code, a motion to recommit with instructions extending
    unemployment insurance benefits (May 9, 2003, p. 11110 (sustained by
    tabling of appeal)); to a bill reauthorizing the National Transportation
    Safety Board, an amendment extending unemployment insurance benefits
    (May 15, 2003, p. 11955 (sustained on appeal)); to an immigration bill
    addressing (1) issues of admissibility, detention, removal, and
    deportation of various classes of aliens (Sept. 21, 2006, pp. 18860-62
    (sustained by tabling of appeal)) or (2) improvements in enforcement and
    judicial proceedings (Sept. 21, 2006, p. 18876-78), a motion to recommit
    with instructions proposing an increase in the number of U.S. Marshals;
    to a bill confined to housing-related matters, an amendment providing
    funding for various infrastructure projects (May 17, 2007, pp. 13224,
    13225); to a bill settling land claims of two tribal communities in a
    state, a motion to recommit with instructions broaching fuel procurement
    by federal agencies (June 25, 2008, pp. 13754, 13755 (sustained by
    tabling of appeal)); to a bill addressing economic stabilization and
    assistance funds and housing matters, a motion to recommit with
    instructions addressing the solvency of various Social Security trust
    funds (Jan. 21, 2009, pp. 1212, 1213 (sustained by tabling of appeal));
    to a bill addressing small business investment programs, a motion to
    recommit with instructions expressing the sense of the House on the
    consideration of appropriation bills (July 8, 2009, p. 17083 (sustained
    by tabling of appeal)); to a bill addressing water recycling projects in
    one geographic area, a motion to recommit with instructions addressing
    water availability under a project in a different geographic area (Oct.
    15, 2009, pp. 25006, 25007 (sustained by tabling of appeal)); to a bill
    confined to one mortgage refinancing program, an amendment (1) adding
    findings regarding mortgages more broadly (Mar. 10, 2011, pp. 3756,
    3757), (2) establishing a new mortgage refinancing program (Mar. 10,
    2011, pp. 3762, 3763), (3) requiring a study of mortgages more broadly
    (Mar. 10, 2011, pp. 3764, 3765), (4) addressing foreclosure generally
    (Mar. 10, 2011, pp. 3765, 3766), and (5) addressing compensation within
    the financial services industry (Mar. 10, 2011, pp. 3767, 3768); to a
    joint resolution disapproving a Federal Communications Commission
    regulation, a motion to recommit with instructions further continuing
    appropriations for the current fiscal year (Apr. 8, 2011, pp. 5689-91
    (sustained by tabling of appeal)); to a bill proposing a bicameral order
    in the form of a joint rule, a motion to recommit with instructions
    proposing a special order of business of the House (Oct. 8, 2013, p. _
    (sustained by tabling of appeal)); to a bill extending the authority to
    offer certain health insurance coverage, a motion to recommit with in

    [[Page 725]]

    structions addressing health insurance generally (Nov. 15, 2013, p. _
    (sustained by tabling of appeal)).
      An amendment that is germane, not being ``on a subject different from
    that under consideration,'' belongs to a class illustrated by the
    following: to a bill providing for an interoceanic canal by one route,
    an amendment providing for a different route (V, 5909); to a bill
    providing for the reorganization of the Army, an amendment providing for
    the encouragement of marksmanship by enlisted personnel (V, 5910); to a
    proposition to create a board of inquiry, an amendment specifying when
    it shall report (V, 5915); to a bill relating to ``oleomargarine and
    other imitation dairy products,'' an amendment on the subject of
    ``renovated butter'' (V, 5919); to a resolution rescinding an order for
    final adjournment, an amendment fixing a new date therefor (V, 5920); to
    a proposition directing a feasibility investigation, an amendment
    requiring the submission of legislation to implement that investigation
    (Dec. 14, 1973, p. 41747); and to a section of a bill prescribing the
    functions of a new Federal Energy Administration by conferring wide
    discretionary powers upon the Administrator, an amendment directing the
    Administrator to issue preliminary summer guidelines for citizen fuel
    use (as a further delineation of those functions) (Mar. 6, 1974, p.
    5436).
      A bill comprehensively addressing a subject requires careful analysis
    to determine whether an amendment addresses a different subject. For
    example, to an amendment in the nature of a substitute comprehensively
    amending several sections of the Clean Air Act with respect to the
    impact of shortages of energy resources on standards imposed under that
    Act, an amendment to another section of the Act suspending temporarily
    the authority of the Administrator of the EPA to control automobile
    emissions was held germane (Dec. 14, 1973, p. 41688). On the other hand,
    to a bill comprehensively restructuring the production and distribution
    of food, a motion to recommit with instructions providing nutrition
    assistance, including food stamps and soup kitchen programs, was held
    not germane (Feb. 29, 1996, p. 3257).
      The <> fundamental purpose of an amendment must be germane to
    the fundamental purpose of the bill (VIII, 2911). The Chair discerns the
    fundamental purpose of a bill by examining the text of the bill and its
    report language (Deschler-Brown, ch. 28, Sec. 5.6; Aug. 3, 1999, p.
    19213), rather than the motives that circumstances may suggest (V, 5783,
    5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974, p. 28438). To a bill
    that comprehensively addresses a subject, an amendment that relates to
    that subject matter may not be ruled out as nongermane merely because
    the amendment may be characterized as private legislation benefitting
    certain individuals offered to a public bill (May 30, 1984, p. 14495).
    Similarly, to a bill proposing to accomplish a result by methods
    comprehensive in scope, an amendment in the nature of a substitute
    seeking to achieve the same result was held germane where it was shown
    that additional provisions not con

    [[Page 726]]

    tained in the original bill were merely incidental conditions or
    exceptions that were related to the fundamental purpose of the bill
    (Aug. 2, 1973, pp. 27673-75; July 8, 1975, p. 21633; Sept. 29, 1980, pp.
    27832-52). On the other hand, an amendment may relate to the same
    subject matter yet still stray from adherence to a common fundamental
    purpose. For example, an amendment singling out one constituent element
    of a larger subject for specific and unrelated scrutiny is not germane.
    Thus, to a bill authorizing a State attorney general to bring a civil
    action in Federal court against a person who has violated a State law
    regulating intoxicating liquor, an amendment singling out certain
    violations of liquor laws on the basis of their regard for any and all
    firearms issues is not germane (Aug. 3, 1999, p. 19213). Similarly, to a
    bill appropriating for only one fiscal year (and containing no
    provisions extending beyond that fiscal year), an amendment to extend an
    appropriation to another fiscal year is not germane (June 20, 2001, pp.
    11233, 11234).
      In order to be germane, an amendment must not only have the same end
    as the matter sought to be amended, but must contemplate a method of
    achieving that end that is closely allied to the method encompassed in
    the bill or other matter sought to be amended (Aug. 11, 1970, p. 28165).
    Thus the following are germane: to a bill raising revenue by several
    methods of taxation, an amendment proposing a tax on undistributed
    profits (the Committee of the Whole overruling the Chair) (VII, 3042);
    to a proposition to accomplish a result through regulation by a
    governmental agency, an amendment to accomplish the same fundamental
    purpose through regulation by another governmental agency (Dec. 15,
    1937, pp. 1572-89; June 9, 1941, p. 4905; Dec. 19, 1973, p. 42618); to a
    bill to achieve a certain purpose by conferring discretionary authority
    to set fair labor standards upon an independent agency, an amendment in
    the nature of a substitute to attain that purpose by a more inflexible
    method (prescribing fair labor standards) (Dec. 15, 1937, pp. 1590-94;
    Oct. 14, 1987, p. 27885); to a proposition to accomplish the broad
    purpose of settling land claims of Alaska natives by a method general in
    scope, an amendment accomplishing the same purpose by a method more
    detailed in its provisions (Oct. 20, 1971, p. 37079); to an amendment
    comprehensively amending the Natural Gas Act to deregulate interstate
    sales of new natural gas and regulate aspects of intrastate gas use, a
    substitute providing regulatory authority for interstate and intrastate
    gas sales of large producers (Feb. 4, 1976, p. 2387); to a bill
    providing a temporary extension of existing authority, an amendment
    achieving the same purpose by providing a nominally permanent authority
    was held germane where both the bill and the amendment were based on
    reported economic projections under which either would achieve the same,
    necessarily temporary result by method of direct or indirect amendment
    to the same existing law (May 13, 1987, p. 12344); to a bill subjecting
    employers who fail to apprise their workers of health risks to penalties
    under other laws and regulations, a substitute subjecting such employers
    to penalties prescribed in the substitute itself (Oct. 14, 1987,

    [[Page 727]]

    p. 27885); to an amendment freezing the obligation of funds for fiscal
    year 1996 for missile defense until the Secretary of Defense rendered a
    specified readiness certification, an amendment permitting an increase
    in the obligation of such funds on the basis of legislative findings
    concerning readiness, because each proposition addressed the
    relationship between 1996 funding levels for missile defense and
    readiness (Feb. 15, 1995, p. 5026); to a bill improving food safety
    through a myriad of methods including the tracing of food origins,
    recalls of food, and quarantine of food, a motion to recommit with
    instructions allowing the preemptive purchase of food related to
    activities in the bill (July 30, 2009, pp. 20201, 20202).
      However, an amendment to accomplish a similar purpose by an unrelated
    method not contemplated by the bill is not germane. Thus, the following
    are not germane: to a bill providing relief to foreign countries through
    government agencies, an amendment providing for relief to be made
    through the International Red Cross (Dec. 10, 1947, pp. 11242-44); to a
    bill to aid in the control of crime through research and training, an
    amendment to accomplish that result through regulation of the sale of
    firearms (Aug. 8, 1967, pp. 21846-50); to a bill providing assistance to
    Vietnam war victims, amendments containing foreign policy declarations
    as to culpability in the war (Apr. 23, 1975, p. 11510); to a bill
    conserving energy by civil penalties on manufacturers of autos with low
    gas mileage, an amendment conserving energy by tax rebates to purchasers
    of high-mileage autos (June 12, 1975, p. 18695); to a proposition whose
    fundamental purpose was registration and public disclosure by, but not
    regulation of the activities of, lobbyists, amendments prohibiting
    lobbying in certain places, restricting monetary contributions by
    lobbyists, and providing civil penalties for violating Rules of the
    House in relation to floor privileges (Sept. 28, 1976, p. 33070) (but to
    a similar bill, an amendment requiring disclosure of any lobbying
    communication made on the floor of the House or Senate or in adjoining
    rooms, but not regulating such conduct, was held germane (Apr. 26, 1978,
    p. 11641)); to a bill seeking to accomplish a purpose by one method
    (creation of an executive branch agency), an amendment accomplishing
    that result by a method not contemplated in the bill (creation of office
    within legislative branch as function of committee oversight) (Nov. 5,
    1975, p. 35041); to a bill authorizing foreign military assistance
    programs, an amendment authorizing contributions to an international
    agency for nuclear missile inspections (Mar. 3, 1976, p. 5226); to a
    joint resolution proposing a constitutional amendment for representation
    of the District of Columbia in Congress, a motion to recommit with
    instructions that the Committee on the Judiciary consider a resolution
    retroceding populated portions of the District to Maryland (Speaker
    O'Neill, Mar. 2, 1978, p. 5272, implicitly overruling V, 5582); to a
    bill prohibiting poll taxes, a motion to recommit the bill with
    instructions that the committee report it back in the form of a joint
    resolution amending the Constitution to accomplish the purpose of the
    bill (Deschler-Brown, ch. 28, Sec. 23.8); to an amendment to achieve a
    national production goal for synthetic fuels for national

    [[Page 728]]

    defense needs by loans and grants and development of demonstration
    synthetic fuel plants, a substitute to require by regulation that any
    fuel sold in commerce require a certain percentage of synthetic fuels
    (also broader in scope) (June 26, 1979, pp. 16663-74); to a bill to
    provide financial assistance to domestic agriculture through price
    support payments, an amendment to protect domestic agriculture by
    restricting imports in competition therewith (also within the
    jurisdiction of another committee) (Oct. 14, 1981, p. 23899); to a bill
    authorizing financial assistance to unemployed individuals for
    employment opportunities, an amendment providing instead for tax
    incentives to stimulate employment (also within the jurisdiction of a
    different committee) (Sept. 21, 1983, p. 25145); to a bill relating to
    one government agency, an amendment having as its fundamental purpose a
    change in the law relating to another agency, even though it
    contemplated a consultative role for the agency covered by the bill
    (July 8, 1987, p. 19014); to a proposition changing congressional budget
    procedures to require consideration of balanced budgets, an amendment
    changing concurrent resolutions on the budget to joint resolutions,
    thereby bringing executive enforcement mechanisms into play (July 18,
    1990, p. 17920); to a bill to promote technological advancement by
    fostering Federal research and development, and amendment exhorting to
    do so by changes in tax and antitrust laws (July 16, 1991, p. 18397); to
    a bill extending unemployment compensation benefits during a period of
    economic recession, an amendment to stimulate economic growth by tax
    incentives and regulatory reform (Sept. 17, 1991, p. 23156); to a bill
    providing new budget authority, a motion to recommit with instructions
    to change a direct appropriation of new budget authority from the
    general fund into a reappropriation (in effect a rescission) of funds
    previously appropriated for an entirely different purpose in a special
    reserve account (Feb. 28, 1985, p. 4146); to a bill addressing substance
    abuse through prevention and treatment, an amendment imposing civil
    penalties on drug dealers (Sept. 16, 1998, p. 20587); to a resolution
    impeaching the President, an amendment censuring the President (Dec. 19,
    1998, p. 28107); to a bill authorizing a State attorney general to bring
    a civil action in Federal court against a person who has violated a
    State law regulating intoxicating liquor, an amendment creating new
    Federal laws to regulate intoxicating liquor (Aug. 3, 1999, p. 19216);
    to a bill addressing persons convicted of sex offenses against children
    with criminal punishment, an amendment addressing such perpetrators by
    treatment and rehabilitation (Mar. 14, 2002, p. 3203).
      An <> amendment when considered as a whole should be within the
    jurisdiction of the committee reporting the bill (Jan. 29, 1976, p.
    1582; July 25, 1979, pp. 20601-03; June 27, 1985, pp. 17417-19),
    although committee jurisdiction over the subject of an amendment and of
    the original bill is not the exclusive test of germaneness (Aug. 2,
    1973, pp. 27673-75), and the Chair relates the amendment to the bill in
    its perfected form (Aug. 17, 1972, p. 28913). Thus, the following are
    not germane: to a bill reported

    [[Page 729]]

    from the Committee on Agriculture providing price support programs for
    various agricultural commodities, an amendment repealing price control
    authority for all commodities under an act reported from the Committee
    on Banking and Currency (July 19, 1973, p. 24950); to a bill reported
    from the Committee on Ways and Means providing for a temporary increase
    in the public debt ceiling for the current fiscal year (not directly
    amending the Second Liberty Bond Act), an amendment proposing permanent
    changes in that Act and also affecting budget and appropriation
    procedures (matters within the jurisdiction of other House committees)
    (Nov. 7, 1973, p. 36240); to a bill relating to intelligence activities
    of the executive branch, an amendment effecting a change in the Rules of
    the House by directing a committee to impose an oath of secrecy on its
    members and staff (May 1, 1991, p. 9669); to a bill reported by the
    Committee on Government Operations creating an executive agency to
    protect consumers, an amendment conferring on congressional committees
    with oversight over consumer protection the authority to intervene in
    judicial or administrative proceedings (a rulemaking provision within
    the jurisdiction of the Committee on Rules) (Nov. 6, 1975, p. 35373); to
    a proposition reported from the Committee on Public Works and
    Transportation authorizing funds for local public works employment, an
    amendment to mandate expenditure of already appropriated funds (as a
    purported disapproval of deferral of such funds under the Impoundment
    Control Act of 1974) and to set discount rates for reclamation and
    public works projects, subjects within the jurisdictions of the
    Committees on Appropriations and Interior and Insular Affairs (May 3,
    1977, p. 13242); to a bill reported from the Committee on Armed Services
    authorizing military procurement and personnel strengths for one fiscal
    year, an amendment imposing permanent prohibitions and conditions on
    troop withdrawals from the Republic of Korea because including
    statements of policy within the jurisdiction of the Committee on Foreign
    Affairs (May 24, 1978, pp. 15293-95); to a bill reported from the
    Committee on Government Operations creating a new department,
    transferring the administration of existing laws to it, and authorizing
    appropriations to carry out the Act subject to provisions in existing
    law, an amendment prohibiting the use of funds so authorized to carry
    out a designated funding program transferred to the department, where
    the purpose of the authorization is to allow appropriations in general
    appropriation bills for the department to carry out its functions but
    where changes in the laws to be administered by the department remain
    within the jurisdiction of other committees of the House (June 19, 1979,
    p. 15570); to a bill reported by the Committee on Public Works
    authorizing funds for highway construction and mass transportation
    systems using motor vehicles, an amendment relating to urban mass
    transit (then within the jurisdiction of the Committee on Banking and
    Currency) and the railroad industry (then within the jurisdiction of the
    Committee on Interstate and Foreign Commerce) (Oct. 5, 1972, p. 34115);
    to a bill reported from the Committee on Interior and Insular Affairs
    designating certain areas in a State as wilderness, an amendment

    [[Page 730]]

    providing unemployment benefits to workers displaced by the designation
    (Mar. 21, 1983, p. 6347); to a bill reported from the Committee on
    Science and Technology authorizing environmental research and
    development activities of an agency, an amendment expressing the sense
    of Congress with respect to that agency's regulatory and enforcement
    authority, within the jurisdiction of the Committee on Energy and
    Commerce (Feb. 9, 1984, p. 2423); to a bill authorizing environmental
    research and development activities of an agency for two years, an
    amendment adding permanent regulatory authority for that agency by
    amending a law not within the jurisdiction of the committee reporting
    the bill (June 4, 1987, p. 14757); to a bill reported from the Committee
    on Education and Labor dealing with education, an amendment regulating
    telephone communications (a matter within the jurisdiction of the
    Committee on Energy and Commerce) (Apr. 19, 1988, p. 7355); to a bill
    addressing various research programs and authorities, an amendment
    addressing matters of fiscal and economic policy and regulation (July
    16, 1991, p. 18391; Sept. 22, 1992, pp. 26734, 26741); to a bill
    reported from the Committee on Ways and Means addressing unemployment
    compensation, an amendment addressing stimuli for economic growth
    involving the jurisdictions of the Committees on Banking, Finance, and
    Urban Affairs and the Judiciary (Sept. 17, 1991, p. 23177); to a bill
    reported from the Committee on Armed Services amending several laws
    within that committee's jurisdiction on military procurement and policy,
    an amendment to the Renegotiation Act, a matter within the jurisdiction
    of the Committee on Banking, Finance and Urban Affairs and not solely
    related to military contracts (June 26, 1985, pp. 17417-19) and an
    amendment requiring reports on Soviet Union compliance with arms control
    commitments, a matter exclusively within the jurisdiction of the
    Committee on Foreign Affairs (Deschler-Brown, ch. 28, Sec. 4.26); to a
    bill reported from the Committee on Energy and Commerce relating to
    mentally ill individuals, an amendment prohibiting the use of general
    revenue sharing funds (within the jurisdiction of the Committee on
    Government Operations) (Jan. 30, 1986, p. 1053); to a bill reported from
    the Committee on Merchant Marine and Fisheries authorizing various
    activities of the Coast Guard, an amendment urging the Secretary of
    State in consultation with the Coast Guard to elicit cooperation from
    other nations concerning certain Coast Guard and military operations (a
    matter within the jurisdiction of the Committee on Foreign Affairs)
    (July 8, 1987, p. 19013); to a bill reported by the Committee on
    Banking, Finance and Urban Affairs dealing with housing and community
    development grant and credit programs, an amendment expressing the sense
    of Congress on tax policy (the deductibility of mortgage interest), a
    matter within the jurisdiction of the Committee on Ways and Means (Aug.
    1, 1990, p. 21256); to a bill reported from the Committee on Education
    and Labor authorizing a variety of civilian national service programs,
    an amendment establishing a contingent military service obligation (a
    matter within the selective service jurisdiction of the Committee on
    Armed Services) (July 28, 1993, p. 17398); to a bill reauthorizing

    [[Page 731]]

    programs administered by two agencies within one committee's
    jurisdiction, an amendment more general in scope affecting agencies
    within the jurisdiction of other committees (May 12, 1994, p. 10024); to
    a bill reported by the Committee on Transportation and Infrastructure
    reforming and privatizing Amtrak, an amendment rescinding previously
    appropriated funds for certain administrative expenses, a matter within
    the jurisdiction of the Committee on Appropriations (Nov. 30, 1995, p.
    35071); to a measure expressing a sense of Congress with respect to the
    availability of public funds for expenses incurred in the evaluation of
    a problem, an amendment addressing legislative responses to that
    problem, within the jurisdiction of other committees (Feb. 4, 1998, p.
    794); to a bill reported from Government Reform and Oversight proposing
    to alter responsibilities of executive branch agencies under an existing
    law, an amendment proposing to extend the application of that law to
    entities of the legislative branch, a matter within the jurisdiction of
    the Committee on House Administration (Mar. 12, 1998, p. 3389); to a
    resolution authorizing the deployment of troops to implement a peace
    agreement within the jurisdiction of the Committee on Foreign Affairs,
    an amendment expressing support for the armed forces carrying such
    mission within the jurisdiction of both the Committees on Armed Services
    and Foreign Affairs (Mar. 11, 1999, p. 4301); to a bill addressing
    certain diplomatic efforts to curb alleged price-fixing in the global
    oil market within the jurisdiction of the Committee on Foreign Affairs,
    an amendment proposing to suspend oil exportation through changes to the
    Mineral Leasing Act within the jurisdiction of the Committee on Natural
    Resources and an amendment proposing to change the Energy Policy and
    Conservation Act to reauthorize Presidential authority to draw down the
    strategic petroleum reserve, a matter within the jurisdiction of the
    Committee on Energy and Commerce (Mar. 22, 2000, p. 3281); to several
    individual bills on various topics within the jurisdiction of various
    other committees, an amendment addressing the Foreign Intelligence
    Surveillance Act of 1978, a matter within the jurisdiction of the
    Committee on the Judiciary and the Permanent Select Committee on
    Intelligence (July 12, 2007, pp. 18843, 18844; Feb. 26, 2008, p. 2482;
    Feb. 27, 2008, pp. 2627, 2637, 2638; Mar. 5, 2008, pp. 3295, 3296; Mar.
    6, 2008, pp. 3402, 3403 (in each case sustained by tabling of appeal);
    Apr. 16, 2008, pp. 6208, 6219 (sustained on appeal)); to a bill
    addressing a mortgage refinancing program within the jurisdiction of the
    Committee on Financial Services, an amendment modifying an income tax
    deduction within the jurisdiction of the Committee on Ways and Means
    (Mar. 10, 2011, p. 3767).
      Committee jurisdiction is not the sole test of germaneness where: (1)
    the proposition to which the amendment is offered is so comprehensive
    (overlapping several committees' jurisdictions) as to diminish the
    pertinency of that test; (2) the amendment does not demonstrably affect
    a law within another committee's jurisdiction (July 21, 1976, p. 23167;
    Oct. 8, 1985, pp. 26548-51); (3) the portion of the bill also contains
    language, related to the amendment, not within the jurisdiction of the
    com

    [[Page 732]]

    mittee reporting the bill (Apr. 2, 1976, p. 9254; Aug. 10, 1984, p.
    23975); or (4) the bill has been amended to include matter within the
    jurisdiction of another committee thus rendering further similar
    amendments germane (July 11, 1985, p. 18601; Sept. 19, 1986, p. 24769).
    Thus, to a bill reported from the Committee on Agriculture relating to
    the food stamp program, an amendment requiring the Secretary of the
    Treasury, after consultation with the Secretary of Agriculture, to
    collect from certain recipients the monetary value of food stamps
    received was held germane because the performance of new duties by the
    Secretary of the Treasury and by the Internal Revenue Service not
    affecting the application of the Internal Revenue Code is not a matter
    solely within the jurisdiction of the Committee on Ways and Means (July
    27, 1977, pp. 25249-52). On the other hand, to a comprehensive farm bill
    authorizing a variety of programs within the jurisdiction of the
    Committees on Agriculture and Foreign Affairs, and amended to include
    matter within the jurisdiction of the Committee on Energy and Commerce
    (but not amending laws within the jurisdiction of other committees), an
    amendment proposing to alter an existing interstate dairy compact and
    grant consent to additional compacts, matters within the jurisdiction of
    the Committee on the Judiciary, is not germane (Oct. 4, 2001, pp. 18797,
    18809).
      To a bill amending an existing law to grant to merchant mariners
    benefits substantially equivalent to those granted to veterans in a
    separate law in the jurisdiction of another committee, an amendment
    directly changing the separate law to extend its benefits to merchant
    mariners was held not germane (Sept. 9, 1992, p. 23951); but if the
    pending bill incorporates by reference provisions of a law from another
    committee and conditions the bill's effectiveness upon actions taken
    pursuant to a section of that law, an amendment to alter that section of
    the law may be germane (Apr. 8, 1974, pp. 10108-10).
      The test of the germaneness of an amendment in the nature of a
    substitute for a bill is its relationship to the bill as a whole, and is
    not necessarily determined by the content of an incidental portion of
    the amendment that, if considered separately, might be within the
    jurisdiction of another committee (Aug. 2, 1973, p. 27673; June 1, 1976,
    pp. 16021-25). However, the House may by adopting a special rule allow a
    point of order that a section of a committee amendment in the nature of
    a substitute would not have been germane if offered separately to the
    bill as introduced (May 23, 1978, pp. 15094-96; May 24, 1978, pp. 15293-
    95; Aug. 11, 1978, p. 25705).
      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions does not affect the requirement that
    the subject matter of the amendment be germane and within the
    jurisdiction of the committee reporting the bill (Mar. 2, 1967, p.
    5155). Thus the following are not germane: to a bill reported from the
    Committee on Foreign Affairs addressing U.S. claims against Iraq, a
    motion to recommit with instructions to prohibit the admission of former
    members of Iraq's armed

    [[Page 733]]

    forces to the United States as refugees (a matter within the
    jurisdiction of the Committee on the Judiciary) (Apr. 28, 1994, p.
    8803); to a bill amending a law reported by the Committee on Banking and
    Financial Services opposing concessional loans to a country and
    outlining principles governing the conduct of industrial cooperation
    projects of U.S. nationals in that country, a motion to recommit with
    instrustions to waive provisions of other law by requiring changes in
    tariff schedules to achieve overall trade reciprocity between that
    country and the United States (a subject within the jurisdiction of the
    Committee on Ways and Means) (Nov. 6, 1997, p. 24824); to a joint
    resolution continuing appropriations for the current fiscal year, a
    motion to recommit with instructions to revise the reconciliation
    instructions in the concurrent resolution on the budget (Sept. 29, 2005,
    p. 21795); to a bill confined to tax issues within the jurisdiction of
    the Committee on Ways and Means, a motion to recommit with instructions
    to report an amendment addressing the minimum wage, a matter within the
    jurisdiction of the Committee on Education and the Workforce (June 22,
    2006, p. 12298 (sustained by tabling of appeal)), or vice versa (Jan.
    10, 2007, p. 787 (sustained by tabling of appeal)); to a bill studying
    two rivers under the Wild and Scenic Rivers Act, and issues related
    thereto, within the jurisdiction of the Committee on Natural Resources,
    a motion to recommit with instructions addressing comprehensive energy
    legislation touching several other committees' jurisdictions (Sept. 10,
    2008, pp. 18416, 18417 (sustained by tabling of appeal)); to a bill
    confined to taxation issues within the jurisdiction of the Committee on
    Ways and Means, a motion to recommit with instructions addressing laws
    within the jurisdiction of the Committees on Agriculture, Natural
    Resources, and Education and Labor (Sept. 26, 2008, pp. 22060, 22061
    (sustained by tabling of appeal)); to a bill addressing payments to
    physicians under the Medicare program and confined to the jurisdiction
    of the Committees on Energy and Commerce and Ways and Means, a motion to
    recommit with instructions addressing medical malpractice reform within
    the jurisdiction of the Committee on the Judiciary (Nov. 19, 2009, p.
    28243 (sustained by tabling of appeal)); to a defense authorization bill
    addressing subjects in the jurisdiction of the Committee on Armed
    Services and several other committees, a motion to recommit with
    instructions broaching benefits of legislative branch employees within
    the jurisdiction of another committee (the Committee on House
    Administration) (May 28, 2010, pp. 9952, 9953 (sustained by tabling of
    appeal)); to a bill addressing various benefits in the jurisdiction of
    committees other than the Committee on Appropriations, a motion to
    recommit with instructions to rescind appropriations carried in a prior
    appropriation Act (July 1, 2010, pp. 12556, 12557 (sustained by tabling
    of appeal)); to various joint resolutions and a bill continuing
    appropriations for specified government entities and programs within the
    jurisdiction of the Committee on Appropriations, a motion to recommit
    with instructions proposing a special order of business within the
    jurisdiction of the Committee on Rules (Oct. 2, 2013, p. _ ; Oct. 3,
    2013, p. _, p. _; Oct. 4, 2013, p. _, p. _; Oct. 7, 2013,

    [[Page 734]]

    p. _; Oct. 8, 2013, p. _; Oct. 9, 2013, p. _; Oct. 10, 2013, p. _; Oct.
    11, 2013, p. _; Oct. 14, 2013, p. _ (each sustained by tabling of
    appeal)).
      The <> standards by which the germaneness of an amendment may be
    measured, as set forth in Sec. Sec. 932-934, supra, are not exclusive;
    an amendment and the matter to which offered may be related to some
    degree under the tests of subject matter, purpose, and jurisdiction, and
    still not be considered germane under the precedents. Thus, the
    following have been held not to be germane: to a proposition relating to
    terms of Senators, an amendment changing the manner of their election
    (V, 5882); to a bill relating to commerce between the States, an
    amendment relating to commerce within the several States (V, 5841); to a
    proposition to relieve destitute citizens of the United States in Cuba,
    a proposition declaring a state of war in Cuba and proclaiming
    neutrality (V, 5897); to a proposition for the appointment of a select
    committee to investigate a certain subject, an amendment proposing an
    inquiry of the executive on that subject (V, 5891); to a bill granting a
    right of way to a railroad, an amendment providing for the purchase of
    the railroad by the Government (V, 5887); to a provision for the
    erection of a building for a mint, an amendment to change the coinage
    laws (V, 5884); to a resolution proposing expulsion, an amendment
    proposing censure (VI, 236); to a resolution authorizing the
    administration of the oath to a Member-elect, an amendment authorizing
    such oath administration but adding several conditions of punishment
    predicated on acts committed in a prior Congress (Jan. 3, 1969, pp. 23-
    25); to a general tariff bill, an amendment creating a tariff board (May
    6, 1913, p. 1234; Speaker Clark, May 8, 1913, p. 1381); to a proposition
    to sell two battleships and build a new battleship with the proceeds, a
    proposition to devote the proceeds to building wagon roads (VIII, 2973);
    to a bill authorizing a State attorney general to bring a civil action
    in Federal court against a person who has violated a State law
    regulating intoxicating liquor, an amendment singling out certain
    violations of liquor laws on the basis of their regard for any and all
    firearms issues (Aug. 3, 1999, p. 19213).
      One <> individual proposition may not be amended by another
    individual proposition even though the two belong to the same class
    (VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990,
    p. 32346; Oct. 24, 1991, p. 28561). Thus, the following are not germane:
    to a bill proposing the admission of one territory into the Union, an
    amendment for admission of another territory (V, 5529); to a bill
    amending a law in one particular, amending the law in another particular
    (VIII, 2949); to a proposition to appropriate or to authorize
    appropriations for only one year (and containing no provisions extending
    beyond that year), an amendment to extend the authorization or
    appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28;
    see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99; June 20,
    2001, pp. 11233, 11234); to a measure continuing appropria

    [[Page 735]]

    tions for the current fiscal year for a specified period, a motion to
    recommit with instructions making certain funds available beyond such
    time (Dec. 13, 2007, p. 34138 (sustained by tabling of appeal)); to a
    measure earmarking funds in an appropriation bill, an amendment
    authorizing the program for which the appropriation is made (Nov. 15,
    1989, p. 29019); to a bill for the relief of one individual, an
    amendment proposing similar relief for another (V, 5826-5829); to a
    resolution providing a special order for one bill, an amendment to
    include another bill (V, 5834-5836); to a provision for extermination of
    the cotton-boll weevil, an amendment including the gypsy moth (V, 5832);
    to a provision for a clerk for one committee, an amendment for a clerk
    to another committee (V, 5833); to a Senate amendment dealing with use
    of its contingent fund for art restoration in that body, a proposed
    House amendment for use of the House contingent fund for a similar but
    broader purpose (May 24, 1990, p. 12203); to a bill prohibiting
    transportation of messages relative to dealing in cotton futures, an
    amendment adding wheat, corn, etc. (VIII, 3001); to a bill prohibiting
    cotton futures, an amendment prohibiting wheat futures (VIII, 3001); to
    a bill for the relief of certain aliens, an amendment for the relief of
    other persons who are not aliens (May 14, 1975, p. 14360); to a bill
    providing relief for agricultural producers, an amendment extending such
    relief to commercial fishermen (also in the jurisdiction of another
    committee) (Apr. 24, 1978, p. 11080); to a bill governing the political
    activities of Federal civilian employees, an amendment to cover members
    of the uniformed services (June 7, 1977, p. 17713); to a bill covering
    the civil service system for Federal civilian employees, an amendment
    bringing other classes of employees (postal and District of Columbia
    employees) within the scope of the bill (Sept. 7, 1978, pp. 28437-39;
    Oct. 9, 1985, pp. 26951-54); to a portion of an appropriation bill
    containing funds for a certain purpose to be expended by one agency, an
    amendment containing funds for another agency for the same purpose (July
    24, 1981, p. 17226); to an amendment exempting national defense budget
    authority from the reach of a proposed Presidential rescission
    authority, an amendment exempting social security (Feb. 2, 1995, p.
    5501); to a Senate amendment striking an earmark from an appropriation
    bill, a House amendment reinserting part of the amount but adding other
    earmarks for unrelated programs (Nov. 15, 1989, p. 29019); to a Senate
    amendment relating to a feasibility study of a land transfer in one
    State, a House amendment requiring an environmental study of land in
    another State (Nov. 15, 1989, p. 29035); to a bill prohibiting certain
    uses of polygraphy in the private sector, an amendment applying the
    terms of the bill to the Congress (Nov. 4, 1987, p. 30870); to a bill to
    determine the equitability of Federal pay practices under statutory
    systems applicable to agencies of the executive branch, an amendment to
    extend the scope of the determination to pay practices in the
    legislative branch (ruling sustained by Committee of Whole, Sept. 28,
    1988, p. 26422); to a special appropriation bill providing funds and
    authority for agricultural credit programs but containing no transfers
    of funds, reappropri

    [[Page 736]]

    ations, or rescissions, an amendment (contained in a motion to recommit)
    deriving funds for the bill by transfer of unobligated balances in the
    Energy Security Reserve and thus decreasing and transferring funds
    provided for a program unrelated to the subject matter or method of
    funding provided in the bill (Feb. 28, 1985, p. 4146); to a bill
    prohibiting importation of goods made in whole or in part by convict,
    pauper, or detained labor, or made in whole or in part from materials
    that have been made in whole or in part in any manner manipulated by
    convict or prison labor, an amendment prohibiting importation of goods
    produced by child labor, a second discrete class (VIII, 2963);
    similarly, to an amendment authorizing grants to States for purchase of
    one class of equipment (photographic and fingerprint equipment) for law
    enforcement purposes, an amendment including assistance for the purchase
    of a different class of equipment (bulletproof vests) (Oct. 12, 1979,
    pp. 28121-24); to a bill repealing section 14(b) of the National Labor
    Relations Act and making conforming changes in two related sections of
    labor law, all pertaining solely to the so-called ``right-to-work''
    issue, an amendment excluding from the applicability of certain labor-
    management agreements members of religious groups (July 28, 1965, p.
    18633); to a bill relating to the design of certain coin currency, an
    amendment specifying the metal content of other coin currency (Sept. 12,
    1973, p. 29376); to a proposition to accomplish a single purpose without
    amending a certain law, an amendment to accomplish another purpose by
    amending that law (Dec. 14, 1973, pp. 41723-25); to a bill regulating
    poll closing time in Presidential general elections, an amendment
    extending its provisions to Presidential primary elections (Jan. 29,
    1986, p. 684); to a bill authorizing grants to private entities
    furnishing health care to underserved populations, an amendment
    authorizing grants to States to control a public health hazard (a
    different category of recipient) (Mar. 5, 1986, p. 3604); to a bill
    siting a certain type of repository for a specified kind of nuclear
    waste, an amendment prohibiting the construction at another site of
    another type of repository for another kind of nuclear waste (July 21,
    1992, p. 18718); to a bill addressing violent crimes, an amendment
    addressing nonviolent crimes, such as crimes of fraud and deception or
    crimes against the environment (May 7, 1996, pp. 10342, 10343); to a
    bill naming a facility after a specific person, an amendment proposing
    to substitute the name of a different person (VIII, 2955) where it could
    not be shown that the amendment intended a return to the facility's
    existing designation (Feb. 4, 1998, p. 792); to a joint resolution
    addressing whether public funds should be available for specified
    endeavors of one group, an amendment addressing the same question for
    unrelated endeavors of another group (Feb. 4, 1998, p. 819); to a bill
    proposing to alter responsibilities of executive branch agencies under
    an existing law, an amendment proposing to extend the application of
    that law to entities of the legislative branch (Mar. 12, 1998, p. 3389);
    to a joint resolution proposing an amendment to the Constitution
    authorizing Congress to prohibit physical desecration of the flag, a
    motion to recommit with instructions proposing an amendment to the

    [[Page 737]]

    Constitution requiring a balanced budget (June 22, 2005, pp. 13539,
    13540 (sustained by tabling of appeal)) or requiring that Social
    Security receipts and outlays be counted as receipts or outlays of the
    United States (June 22, 2005, pp. 13540, 13541 (sustained by tabling of
    appeal)); to a joint resolution proposing an amendment to the
    Constitution to afford equal rights on the basis of sex, an amendment to
    add ``race, creed, or color'' (Oct. 12, 1971, pp. 35813, 35814).
      A <> specific subject may not be amended by a provision general in
    nature, even when of the class of the specific subject (V, 5843-5846;
    VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Deschler-Brown,
    ch. 28, Sec. 9). Thus the following are not germane: to a bill for the
    admission of one territory into the Union, an amendment providing for
    the admission of several other territories (V, 5837); to a bill relating
    to all corporations engaged in interstate commerce, an amendment
    relating to all corporations (V, 5842); to a bill proscribing certain
    picketing in the District of Columbia, an amendment making the
    provisions thereof applicable throughout the United States (Aug. 22,
    1966, p. 20113); to a joint resolution proposing an amendment to the
    Constitution prohibiting the United States or any State from denying
    persons 18 years of age or older the right to vote, an amendment
    requiring the United States and all States to treat persons 18 years and
    older as having reached the age of majority for all purposes under the
    law (Mar. 23, 1971, p. 7567); to a bill dealing with enforcement of
    United Nations sanctions against one country in relation to a specific
    trade commodity, an amendment imposing United States sanctions against
    all countries for all commodities and communications (Mar. 14, 1977, p.
    7446); to a bill to enable a department to investigate and prosecute
    fraud and abuse in medicare and medicaid health programs, an amendment
    to prohibit any officer or employee from disclosing any identifiable
    medical record absent patient approval (Sept. 23, 1977, pp. 30534-35);
    to an amendment to a budget resolution changing one functional category
    only, an amendment changing several other categories and covering an
    additional fiscal year (May 2, 1979, pp. 9556-64); to a bill authorizing
    funds for radio broadcasting to Cuba, an amendment to include
    broadcasting to all dictatorships in the Caribbean Basin (Aug. 10, 1982,
    p. 20256); to a bill relating to aircraft altitude over units of the
    National Park System, an amendment relating to aircraft collision
    avoidance generally (Sept. 18, 1986, p. 24084); to a proposition
    prohibiting the use of funds appropriated for a fiscal year for a
    specified purpose, an amendment prohibiting the use of funds
    appropriated for that or any prior fiscal year for an unrelated purpose
    (June 30, 1987, p. 18294); to a proposition providing for a training
    vessel for one state maritime academy, an amendment relating to training
    vessels for all state maritime academies (June 30, 1987, p. 18296); to a
    proposition waiving a requirement in existing law that an authorizing
    law be enacted before the obligation of certain funds, an amendment
    affirmatively enacting bills containing not only that authorization but
    also other policy mat

    [[Page 738]]

    ters (Sept. 28, 1988, p. 26108); to a proposition pertaining only to a
    certain appropriation account in a bill, an amendment relating not only
    to that account but also to funds in other acts (Sept. 30, 1988, p.
    27148); to a proposition raising an employment ceiling for one year, an
    amendment addressing in permanent law a hiring preference system for
    such employees (Oct. 11, 1989, p. 24089); to an omnibus farm bill with
    myriad programs to improve agricultural economy, an amendment to the
    Animal Welfare Act not limited to agricultural pursuits (Aug. 1, 1990,
    p. 21573); to a bill authorizing Federal funding for qualifying State
    national service programs, an amendment conditioning a portion of such
    funding on the enactment of State laws immunizing volunteers in
    nonprofit or public programs, generally, from certain legal liabilities
    (July 28, 1993, p. 17401); to an amendment addressing particular
    educational requirements imposed on educational agencies by the
    underlying bill, an amendment addressing any requirements imposed on
    educational agencies by the underlying bill (Mar. 21, 1994, p. 5771); to
    a bill reauthorizing programs administered by the Economic Development
    Administration and the Appalachian Regional Commission, an amendment
    providing for the waiver of any Federal regulation that would interfere
    with economic development (May 12, 1994, p. 10024); to a bill
    prohibiting a certain class of abortion procedures, an amendment
    prohibiting any or all abortion procedures (Mar. 20, 1997, p. 4425); to
    a bill addressing one class of imported goods (those produced by forced
    labor), an amendment addressing all imported goods from a specified
    country (Nov. 5, 1997, p. 24643); to a bill confined to a single
    national historic trail designation, a motion to recommit with
    instructions extending to all trails addressed by the National Trails
    System Act (July 10, 2008, pp. 14583, 14584).
      To a bill limited in its applicability to certain departments and
    agencies of government, an amendment applicable to all departments and
    agencies is not germane (Sept. 27, 1967, p. 26957). Thus, the following
    are not germane: to a bill establishing an office without regulatory
    authority in the Department of the Interior to manage biological
    information, an amendment addressing requirements of compensation for
    constitutional takings by other regulatory agencies (Oct. 26, 1993, p.
    26076); to a bill amending an authority of an agency under an existing
    law, an amendment independently expressing the sense of Congress on
    regulatory agencies generally (May 14, 1992, p. 11287); to a proposition
    authorizing activities of certain government agencies for a temporary
    period, an amendment permanently changing existing law to cover a
    broader range of government activities (May 5, 1988, p. 9938); and to a
    joint resolution continuing funding within one executive department, an
    amendment addressing funding for other departments as well as one
    addressing the compensation of Federal employees on a government-wide
    basis (Dec. 20, 1995, pp. 37886, 37888).
      To a bill modifying an existing law as to one specific particular, an
    amendment relating to the terms of the law other than those dealt with
    by the bill is not germane (V, 5806-5808). Thus, the following are not

    [[Page 739]]

    germane: to a bill amending the war-time prohibition act in one
    particular, an amendment repealing that act (VIII, 2949); to a
    proposition temporarily suspending certain requirements of the Clean Air
    Act, an amendment temporarily suspending other requirements of all other
    environmental protection laws (Dec. 14, 1973, p. 41751); to an amendment
    striking from a bill one activity from those covered by the law being
    amended, a substitute striking the entire subsection of the bill,
    thereby eliminating the applicability of existing law to a number of
    activities (Sept. 23, 1982, p. 24963); to a bill amending an existing
    law to authorize a program, an amendment restricting authorizations
    under that or any other act (Dec. 10, 1987, p. 34676); to a bill
    proposing a temporary change in law, an amendment making permanent
    changes in that law (Nov. 19, 1991, p. 32893); and to a bill amending an
    existing law in one particular, an amendment amending other laws and
    more comprehensive in scope (Nov. 19, 1993, pp. 30513, 30515, 30517).
      A bill dealing with an individual proposition but rendered general in
    its scope by amendment is then subject to further amendment by
    propositions of the same class (VIII, 3003). Although a specific
    proposition covering a defined class may not be amended by a proposition
    more general in scope, the Chair may consider all pending provisions
    being read for amendment in determining the generality of the class
    covered by that proposition (Jan. 30, 1986, p. 1051).
      A <> general subject may be amended by specific propositions
    of the same class (VIII, 3002, 3009, 3012; see also Deschler-Brown, ch.
    28, Sec. 11). Thus, the following have been held to be germane: to a
    bill admitting several territories into the Union, an amendment adding
    another territory (V, 5838); to a bill providing for the construction of
    buildings in each of two cities, an amendment providing for similar
    buildings in several other cities (V, 5840); to a resolution embodying
    two distinct phases of international relationship, an amendment
    embodying a third (V, 5839); to an amendment prohibiting indirect
    assistance to several countries, an amendment to include additional
    countries within that prohibition (Aug. 3, 1978, p. 24244); to a portion
    of a bill providing two categories of economic assistance to foreign
    countries, an amendment adding a further specific category (Apr. 9,
    1979, pp. 7755-57); to a bill bringing two new categories within the
    coverage of existing law, an amendment to include a third category of
    the same class (Nov. 27, 1967, p. 33769); to a proposition providing for
    prepayment of loans by those within a certain class of borrowers who
    meet a specified criterion, a proposed House amendment eliminating the
    criterion to broaden the applicability of the Senate amendment to
    additional borrowers within the same class (June 30, 1987, p. 18308); to
    an amendment addressing a range of criminal prohibitions, an amendment
    addressing another criminal prohibition within that range (Oct. 17,
    1991, p. 26767); to a bill addressing violent crimes, an amendment
    addressing violent crimes involving the environment (May 7, 1996, p.
    10344).

    [[Page 740]]

      Where a bill seeks to accomplish a general purpose (support of arts
    and humanities) by diverse methods, an amendment that adds a specific
    method to accomplish that result (artist employment through the National
    Endowment for the Arts) may be germane (Apr. 26, 1976, p. 11101; see
    also June 12, 1979, p. 14460). However, to a resolution authorizing a
    class of employees in the service of the House, an amendment providing
    for the employment of a specified individual was held not to be germane
    (V, 5848-5849). Other examples of amendments that have been held to be
    germane under this theory include: to a proposition relating in many
    diverse respects to the political rights of the people of the District
    of Columbia, an amendment conferring upon that electorate the additional
    right of electing a nonvoting Delegate to the Senate (Oct. 10, 1973, p.
    33656); to a bill containing definitions of several of the terms used
    therein, an amendment modifying one of the definitions and adding
    another (Sept. 26, 1967, p. 26878); to a bill authorizing a broad
    program of research and development, an amendment directing specific
    emphasis in the administration of the program (Dec. 19, 1973, p. 42607);
    to a bill providing for investigation of relationships between
    environmental pollution and cancer, an amendment to investigate the
    impact of personal health habits, such as cigarette smoking, on that
    relationship (Sept. 15, 1976, pp. 30496-98); to a supplemental
    appropriation bill containing funds for several departments and
    agencies, an amendment in the form of a new chapter providing funds for
    capital outlays for subway construction in the District of Columbia (May
    11, 1971, p. 14437); to a proposal authorizing military procurement,
    including purchase of food supplies, an amendment authorizing
    establishment that fiscal year of a military preparedness grain reserve
    (July 20, 1982, pp. 17073, 17074, 17092, 17093).
      To <> a
    bill amending a general law on a specific point an amendment relating to
    the terms of the law rather than to those of the bill was ruled not to
    be germane (V, 5808; VIII, 2707, 2708). Thus a bill amending several
    sections of one title of the United States Code does not necessarily
    bring the entire title under consideration so as to permit an amendment
    to any portion thereof (Oct. 11, 1967, p. 28649), and if a bill amends
    existing law in one narrow particular, an amendment proposing to modify
    such existing law in other particulars will generally be ruled out as
    not germane (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013, 3031; May
    12, 1976, p. 13532). To a bill narrowly amending an anti-discrimination
    provision in the Education Amendments of 1972 only to clarify the
    definition of a discriminating entity subject to denial of Federal
    funding, amendments re-defining a class of discrimination (sex),
    expanding the definition of persons who are the subject of
    discrimination (to include the unborn), and deeming a new entity
    (Congress) to be a recipient of Federal assistance (a class not
    necessarily included in the class covered by the bill), were ruled not
    to be germane (June 26, 1984, pp. 18847, 18857, 18861). But to the same
    bill, an amendment merely defining a word used in the bill was held ger

    [[Page 741]]

    mane (June 26, 1984, p. 18865). Unless a bill so extensively amends
    existing law as to open up the entire law to amendment, the germaneness
    of an amendment to the bill depends on its relationship to the subject
    of the bill and not to the entire law being amended (Oct. 28, 1975, p.
    34031). But a bill amending several sections of an existing law may be
    sufficiently broad to permit amendments to other sections of that law
    not mentioned in the bill (Feb. 19, 1975, p. 3596; Sept. 14, 1978, p.
    29487). To a bill continuing and re-enacting an existing law, amendments
    germane to the existing act sought to be continued have been held
    germane to the pending bill (VIII, 2940, 2941, 2950, 3028; Oct. 31,
    1963, p. 20728; June 1, 1976, p. 16045); but if a bill merely extends an
    official's authority under existing law, an amendment permanently
    amending that law has been held not in order (Sept. 29, 1969, pp. 27341-
    43). Thus where a bill authorized appropriations to an agency for one
    year but did not amend the organic law by extending the existence of
    that agency, an amendment extending the life of another entity mentioned
    in the organic law was held not germane (May 20, 1976, p. 14912). An
    amendment making permanent changes in the law relating to organization
    of an agency is not germane to a title of a bill only authorizing
    appropriations for such agency for one fiscal year (Nov. 29, 1979, p.
    34090). To a general appropriation bill providing funds for one fiscal
    year, an amendment changing a permanent appropriation in existing law
    and changing congressional procedures for consideration of that general
    appropriation bill in future years is more general in scope (and in part
    within the jurisdiction of the Committee on Rules) and therefore is not
    germane (June 29, 1987, p. 18083); and to a temporary authorization bill
    prescribing the use of an agency's funds for two years but not amending
    permanent law, an amendment permanently changing the organic law
    governing that agency's operations is not germane (Dec. 2, 1982, p.
    28537, concerning Sept. 28, 1982, p. 25465; Feb. 13, 2008, pp. 2115,
    2116 (sustained by tabling of appeal)). However, to a bill authorizing
    appropriations for a department for one fiscal year, where the effect of
    the department's activities pursuant to that authorization may extend
    beyond such year, an amendment directing a specific use of those funds
    to perform an activity that may not be completed within the fiscal year
    was nevertheless germane, because limited to funds in the bill (Oct. 18,
    1979, p. 28763). Similarly, to a one-year authorization bill containing
    diverse limitations and directions to the agency in question during such
    year, an amendment further directing the agency to obtain information
    from the private sector, and to make such information public during such
    year, was held germane (Oct. 18, 1979, pp. 28815-17). Although an
    amendment making a permanent change in existing law has been held not
    germane to a bill proposing a temporary change in that law, if it is
    apparent that the fundamental purpose of the amendment is to have only
    temporary effect and to accomplish the same result as the bill, it may
    be germane. Thus to a bill providing a temporary extension of existing
    authority, an amendment achieving the same purpose by providing a
    nominally permanent authority was held ger

    [[Page 742]]

    mane where both the bill and the amendment were based on reported
    economic projections under which either would achieve the same,
    necessarily temporary result by method of direct or indirect amendment
    to the same existing law (May 13, 1987, p. 12344). However, to a
    proposal continuing the availability of appropriated funds and imposing
    diverse legislative conditions upon the availability of appropriations,
    an amendment directly and permanently changing existing law as to the
    eligibility of recipients of funds was held to be nongermane (Dec. 10,
    1981, pp. 30536-38). To a bill extending an existing law in modified
    form, an amendment proposing further modification of that law may be
    germane (Apr. 23, 1969, p. 10067; Feb. 19, 1975, p. 3596). But to a bill
    amending a law in one particular, an amendment repealing the law is not
    germane (Jan. 14, 1964, p. 423). To a bill amending a general law in
    several particulars, an amendment providing for the repeal of the whole
    law may be germane (V, 5824), but the bill amending the law must so
    vitally affect the whole law as to bring the entire act under
    consideration before the Chair will hold an amendment repealing the law
    or amending any section of the law germane to the bill (VIII, 2944; Apr.
    2, 1924, p. 5437). If a bill repeals a provision of law, an amendment
    modifying that provision rather than repealing it may be germane (Oct.
    30, 1969, p. 32466); but the modification must relate to the provision
    of law being repealed (July 28, 1965, p. 18636). Generally to a bill
    amending one law, an amendment changing the provisions of another law or
    prohibiting assistance under any other law is not germane (May 11, 1976,
    p. 13419; Aug. 12, 1992, p. 23238). To a bill amending the Bretton Woods
    Act in relation to the International Monetary Fund, an amendment
    prohibiting the alienation of gold to the IMF or to any other
    international organization or its agents was held not germane (July 27,
    1976, p. 24040). However, to a bill comprehensively amending several
    laws within the same class, an amendment further amending one of those
    laws on a subject within that class is germane (May 12, 1976, p. 13530);
    and to a bill authorizing funding for the intelligence community for one
    fiscal year and making diverse changes in permanent laws relating
    thereto, an amendment changing another permanent law to address
    accountability for intelligence activities was held germane (Oct. 17,
    1990, p. 30171). To a title of a bill dealing with a number of unrelated
    authorities of the Secretary of Agriculture, an amendment amending
    another act within the jurisdiction of the Committee on Agriculture to
    require the adoption of a minimum standard for the contents of ice cream
    was held germane, because it was restricted to the authority of the
    Secretary of Agriculture (July 22, 1977, pp. 24558-70). But to a section
    of a bill amending a section of the National Labor Relations Act dealing
    with procedural rules governing labor elections and organizations, an
    amendment changing the same section of law to require promulgation of
    rules defining certain conduct as an unfair labor practice was held not
    germane, where neither the pending section nor the bill itself addressed
    the subject of unfair labor practices dealt with in another section of
    the law (Oct. 5, 1977, p. 32507).

    [[Page 743]]

    To a bill narrowly amending one subsection of existing law dealing with
    one specific criminal activity, an amendment postponing the effective
    date of the entire section, affecting other criminal provisions and
    classes of persons as well as the one amended by the bill, or an
    amendment to another subsection of the law dealing with a related but
    separate prohibition, was held not germane (May 16, 1979, pp. 11470-72),
    but to an amendment adding sundry punitive sections to the Federal
    criminal code, an amendment creating an exception to the prohibition of
    another such section was held germane (Oct. 17, 1991, p. 26767).
      Restrictions, <> qualifications, and limitations
    sought to be added by way of amendment must be germane to the provisions
    of the bill. Conditioning the availability of funds may be germane if
    the condition is related to the general purpose and within the scope of
    the pending proposition (Deschler-Brown, ch. 28, Sec. Sec. 29-34). Thus,
    the following are germane: to a bill authorizing the funding of a
    variety of programs that satisfy several stated requirements in order to
    accomplish a general purpose, an amendment conditioning the availability
    of those funds upon implementation by their recipients of another
    program related to that general purpose (June 18, 1973, p. 20100); to a
    bill authorizing funds for military procurement and construction, an
    amendment declaring that none of the funds be used to carry out military
    operations in North Vietnam (Mar. 2, 1967, p. 5143); to a proposition
    reducing the line-item authorization for certain missiles and
    prohibiting procurement of certain other missiles, an amendment
    proposing a conditional restriction on the availability of funds for
    such procurement that merely requires observation of activities of
    another country, which activities already constitute the policy basis
    for the funding of that governmental activity (missile procurement) (May
    16, 1984, p. 12510); to a bill authorizing federal funding of certain
    qualifying state programs, an amendment restricting the payment of
    Federal funds in a bill to States that enact certain laws relating to
    the activities being funded (July 28, 1993, p. 17403); to an
    authorization bill, an amendment that conditions the availability of
    such funds by adopting as a measure of their availability the
    expenditure during the fiscal year of a comparable percentage of funds
    authorized by other acts as long as the amendment does not directly
    affect the use of other funds (July 26, 1973, p. 26210); to a bill
    authorizing certain housing programs, an amendment restricting the
    amounts of direct spending in the bill to the levels set in the
    concurrent resolution on the budget as merely a measure of availability
    of funds in the bill and not a provision directly affecting the
    congressional budget process (June 11, 1987, p. 15540); to a proposition
    restricting the availability of funds to a certain category of
    recipients, an amendment further restricting the availability of funds
    to a subcategory of the same recipients (Sept. 25, 1979, pp. 26135-43);
    to a bill authorizing appropriations for an agency, an amendment
    prohibiting the use of funds for any purpose to which the funds may
    otherwise be applied (Nov. 5, 1981, p. 26716); an amendment

    [[Page 744]]

    that conditions the availability of funds covered by a bill by adopting
    as a measure of their availability the monthly increases in the public
    debt (as long as the amendment does not directly affect other provisions
    of law or impose contingencies textually predicated upon other unrelated
    actions of Congress) (Sept. 25, 1979, pp. 26150-52); to a bill
    authorizing defense assistance to a foreign nation, an amendment
    delaying the availability of that assistance until that nation's former
    ambassador testified before a House committee, which had been directed
    by the House to investigate gifts by that nation's representatives to
    influence Members and employees, as a contingency that sought to compel
    the furnishing of information related to efforts to induce defense
    assistance to that nation (Aug. 2, 1978, p. 23932); to a provision
    authorizing funds for a fiscal year, an amendment restricting the
    availability of funds appropriated pursuant thereto for a specified
    purpose until enactment of a subsequent law authorizing that purpose
    (July 21, 1983, p. 20198); to a bill authorizing humanitarian and
    evacuation assistance to war refugees, an amendment making such
    authorization contingent on a report to Congress on costs of a portion
    of the evacuation program (but not requiring implementation of any new
    program) (Apr. 23, 1975, p. 11529); and to an amendment precluding the
    availability of an authorization for part of a fiscal year and then
    permitting availability for the remainder of the year based upon a
    contingency, an amendment constituting a prohibition on the availability
    of the same funds for the entire fiscal year (May 16, 1984, p. 12567).
      On the other hand, the following conditions on the availability of
    funds are not germane: an amendment conditioning the use of funds on the
    conduct of congressional hearings addressing an unrelated subject (July
    22, 1994, p. 17613); to a proposition conditioning the availability of
    funds upon the enactment of an authorizing statute for the enforcing
    agency, a substitute conditioning the availability of some of those
    funds upon a prohibition of certain imports into the United States (Nov.
    7, 1985, p. 30984); to a bill authorizing funds for military assistance
    to certain foreign countries, an amendment to make the availability of
    those funds contingent upon efforts by those countries to control
    narcotic traffic to the United States, and to authorize the President to
    offer the assistance of Federal agencies for that purpose, where the
    subjects of narcotics and the accessibility of Federal agencies are not
    contained in the bill (June 17, 1971, p. 20589); to a bill authorizing
    funds for foreign assistance, an amendment placing restrictions on funds
    authorized or appropriated in prior years (Aug. 24, 1967, p. 24002); to
    an amendment changing a dollar amount in a bill, a substitute therefor
    not only changing the figure but also restricting the use of any funds
    in furtherance of a certain activity (June 7, 1972, p. 19920); to a
    proposal to restrict availability of agency funds for a year and
    amending the organic law as it relates to the internal functions
    thereof, an amendment further restricting funding but also applying with
    respect to the use of funds in the bill provisions of criminal and other
    laws not applicable thereto (Oct. 26, 1989, p. 26269); to a provision
    prohibiting aid

    [[Page 745]]

    to a certain country unless certain conditions were met, an amendment
    prohibiting aid to another country until that nation took certain acts,
    and referring to funds provided in other acts (Nov. 17, 1967, p. 32968);
    an amendment conditioning the availability of defense funds to foreign
    contractors based upon their compliance with Federal law regarding
    discrimination not otherwise applicable to them (and within the
    jurisdiction of other committees) (June 16, 1983, p. 16060); and an
    amendment conditioning the availability of grants to states and
    localities based upon their compliance with Federal immigration law
    regarding employment eligibility verification not otherwise applicable
    to them (and within the jurisdiction of other committees) (Mar. 7, 2007,
    pp. 5618, 5619).
      An amendment to a general appropriation bill in the form of a
    limitation on funds therein for activities unrelated to the functions of
    departments and agencies addressed by the bill is not germane (July 10,
    2000, p. 13605).
      An amendment delaying the availability of authorizations pending
    unrelated determinations involving agencies and committee jurisdictions
    not within the purview of the bill is also not germane (Feb. 7, 1973, p.
    3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218). Thus, the
    following are not germane: to a bill authorizing military assistance to
    Israel and funds for a U.N. emergency force in the Middle East, an
    amendment postponing the availability of funds to Israel until the
    President certifies the existence of a designated level of domestic
    energy supplies (Dec. 11, 1973, p. 40837); an amendment delaying the
    availability of an appropriation pending the enactment of certain
    revenue legislation (Oct. 25, 1979, p. 29639); to a bill authorizing
    radio broadcasting to Cuba, an amendment prohibiting the use of those
    funds until Congress has considered a constitutional amendment mandating
    a balanced budget (Aug. 10, 1982, p. 20250).
      Similarly, although it may be in order on a general appropriation bill
    to delay the availability of certain funds therein if the contingency
    does not impose new duties on executive officials, the contingency must
    be related to the funds being withheld and cannot affect other funds in
    the bill not related to that factual situation (VII, 1596, 1600), may
    not be made applicable to a trust fund provided (IV, 4017), and may not
    be made applicable to money appropriated in other acts (IV, 3927; VII,
    1495, 1597-1599). Thus, to a general appropriation bill containing funds
    not only for a former President but also for other departments and
    agencies, an amendment delaying the availability of all funds in the
    bill until the former President has made restitution of a designated
    amount of money is not germane (Oct. 2, 1974, p. 33620). On the other
    hand, to a general appropriation bill providing funds for the Department
    of Agriculture and including specific allocation of funds for pest
    control, an amendment was germane that prohibited the use of funds for
    use of pesticides prohibited by State or local law (May 26, 1969, p.
    13753).
      It is not in order to amend a bill to delay the effectiveness of the
    legislation pending an unrelated contingency (VIII, 3035, 3037). Thus
    the following are not germane: an amendment delaying the bill's
    effectiveness

    [[Page 746]]

    pending unrelated determinations involving agencies and committee
    jurisdictions not within the purview of the bill (Feb. 7, 1973, p. 3708;
    July 8, 1981, p. 15010; July 9, 1981, p. 15218); an amendment delaying
    the bill's effectiveness pending enactment of unrelated State
    legislation (June 29, 1967, p. 17921; July 28, 1993, p. 17401); an
    amendment conditioning authorization for one agency (National Science
    Foundation) on appropriations for another (National Aeronautics and
    Space Administration) (May 2, 2007, pp. 11093-95); to a bill proposing
    relief for women and children in Germany, an amendment delaying the
    effectiveness of such relief until a soldier's compensation act shall
    have been enacted (VIII, 3035); and to a bill naming an airport, an
    amendment conditioning the naming on approval by an entity without
    jurisdiction over the administration of the airport (Feb. 4, 1998, p.
    794). On the other hand, the following are germane: an amendment
    delaying operation of a proposed enactment pending an ascertainment of a
    fact when the fact to be ascertained relates to the subject matter of
    the bill (VIII, 3029; Dec. 15, 1982, pp. 30957-61); an amendment
    postponing the effective date of a title of a bill to a date certain
    (July 25, 1973, p. 25828); to a provision to become effective
    immediately, an amendment deferring the time at which it shall become
    effective, without involving affirmative legislation (VIII, 3030).
      Where a proposition confers broad discretionary power on an executive
    official, an amendment is germane that directs that official to take
    certain actions in the exercise of the authority or proposes to limit
    such authority (VIII, 3022). Thus the following are germane: to an
    amendment in the nature of a substitute authorizing the Federal Energy
    Administrator to restrict exports of certain energy resources, an
    amendment directing that official to prohibit the exportation of
    petroleum products for use in Indochina military operations (Dec. 14,
    1973, p. 41753); to a provision conferring Presidential authority to
    establish priorities among users of petroleum products and requiring
    priority to education and transportation users, an amendment restricting
    such regulatory authority by requiring that petroleum products allocated
    for public school transportation be used only between the student's home
    and the closest school (Dec. 13, 1973, pp. 41267-69); to a bill
    extending the authorities of one government agency, including
    requirements for consultation with several other agencies, an amendment
    requiring that agency to perform a function based upon an analysis
    furnished by yet another agency, as an additional limitation on the
    authority of the agency being extended that did not separately mandate
    the performance of an unrelated function by another entity (July 27,
    1978, p. 23107); to a proposition authorizing a program to be
    undertaken, a substitute providing for a study to determine the
    feasibility of undertaking the same type of program, as a more limited
    approach involving the same agency (June 26, 1985, pp. 17453, 17458,
    17460) (in effect overruling VIII, 2989); and to a bill limiting an
    official's authority to construe legal authorities transferred to the
    official in the bill, an amendment further restricting such official's
    authority to construe under any circumstances certain other

    [[Page 747]]

    laws to be administered by that official (as an additional, although
    more restrictive, curtailment of existing authorities transferred by the
    bill) (June 11, 1979, pp. 14226-38).
      An amendment providing a privileged procedure for expedited review of
    an agency's regulations is not germane if the bill does not contain such
    procedures (Aug. 13, 1982, pp. 20969, 20975-78). On the other hand, to a
    bill authorizing an agency to undertake certain activities, an amendment
    allowing Congress to disapprove regulations issued pursuant thereto if
    the disapproval mechanism does not amend the rules or procedures of the
    House is germane (May 4, 1976, p. 12348); and to a bill directing the
    furnishing of certain intelligence information to the House without
    amending any House procedure, an amendment imposing relevant conditions
    of security on the handling of such information in committee (also
    without amending any House procedure) for the period covered by the bill
    is also germane (June 11, 1991, p. 14204).
      It is germane to condition or restrict assistance to a particular
    class of recipient covered by the underlying measure. Thus, the
    following are germane: to a bill providing aid to shipping, an amendment
    to limit such aid to ships equipped with saving devices (VIII, 3027); to
    a bill authorizing the insurance of vessels, an amendment denying such
    insurance to vessels charging exorbitant rates (VIII, 3023); to a
    proposition denying benefits to recipients failing to meet a certain
    qualification, a substitute denying the same benefits to some recipients
    but excepting others (July 28, 1982, pp. 18355-58, 18361). Although a
    bill relating to benefits based on indemnification of liability arising
    out of an activity does not ordinarily admit as germane amendments
    relating to regulation of that activity, an amendment conditioning
    benefits upon agreement by its recipient to be governed by certain
    safety regulations may be germane if related to the activity giving rise
    to the liability (July 29, 1987, p. 21448). On the other hand, it is not
    germane to condition or restrict assistance to a particular class of
    recipient upon an unrelated contingency such as action or inaction by
    another class of recipient or agent not covered by the bill (Mar. 5,
    1986, p. 3613).
      To a bill not only granting consent of Congress to an interstate
    compact but also imposing conditions on the granting of that consent, an
    amendment stating an additional related condition to that consent and
    not directly changing the compact may be germane (Oct. 7, 1997, p.
    21475). To a bill regulating immigration, an amendment providing that
    the operation of the act should not conflict with an agreement with
    Japan is not germane (VIII, 3050).
      Amendments providing exceptions or exemptions must also be within the
    scope of the proposition. Thus, to a bill requiring that a certain
    percentage of autos sold in the United States be manufactured
    domestically, and imposing an import restriction on autos for persons
    violating that requirement, an amendment waiving those restrictions with
    respect to a foreign nation where the President has issued a
    proclamation that that nation

    [[Page 748]]

    is not imposing unfair import restrictions on any United States product
    was held not germane, because it dealt with overall trade issues rather
    than domestic content requirement for autos sold in the United States
    (Nov. 2, 1983, p. 30542). However, an amendment to the same bill
    prohibiting its implementation if resulting in the violation of an
    international agreement was held germane because the bill already
    comprehensively addressed those subject matters by disclaiming any
    purpose to amend international agreements or to confer court
    jurisdiction relative thereto and by conferring court jurisdiction over
    adjudication of penalties assessed under the bill (Nov. 2, 1983, pp.
    30546, 30547). Similarly, the following are germane: to a bill providing
    for the deportation of aliens, an amendment to exempt a portion of such
    aliens from deportation (VIII, 3029); to a bill prohibiting the issuance
    of injunctions by the courts in labor disputes, an amendment to except
    labor disputes affecting public utilities (VIII, 3024).

    Readings
      8. <> Bills
    and joint resolutions are subject to readings as follows:
          (a) A first reading is in full when the bill or joint resolution
    is first considered.
          (b) A second reading occurs only when the bill or joint resolution
    is read for amendment in a Committee of the Whole House on the state of
    the Union under clause 5 of rule XVIII.
          (c) A third reading precedes passage when the Speaker states the
    question: ``Shall the bill [or joint resolution] be engrossed [when
    applicable] and read a third time?'' If that question is decided in the
    affirmative, then the bill or joint resolution shall be read the final
    time by title and then the question shall be put on its passage.

      This provision (formerly clause 1 of rule XXI) was adopted in 1789,
    amended in 1794, 1880 (IV, 3391), and on Jan. 4, 1965 (H. Res. 8, 89th
    Cong., p. 21). This latest amendment eliminated the provision that
    permitted a Member to demand the reading in full of the engrossed copy
    of

    [[Page 749]]

    a House bill. Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1 of rule XXI. The
    recodification also clarified paragraphs (a) and (b) to reflect the
    modern practice of first and second readings (H. Res. 5, Jan. 6, 1999,
    p. 47).
      Formerly a <> bill was
    read for the first time by title at the time of its introduction, but
    since 1890 all bills have been introduced by filing them with the Clerk,
    thus rendering a reading by title impossible at that time (IV, 3391).
    But the titles of all bills introduced are printed in the Journal and
    Record, thereby carrying out the real purpose of the rule.
      Under paragraph (a), the first reading of a bill is in full and occurs
    when a bill is called up in the House (IV, 3391), although when called
    up pursuant to a unanimous-consent request, it is reported by title only
    (Dec. 18, 2005, p. 30269). The initial step of consideration in the
    Committee of the Whole is sometimes referred to as the ``first
    reading.'' Under clause 5 of rule XVIII that reading is in full and
    occurs before general debate commences. However, it customarily is
    dispensed with by unanimous consent or special rule, although a motion
    to dispense with the first reading is not in order (VIII, 2335, 2436).
    The Speaker may object to a request for unanimous consent to dispense
    with the first reading (IV, 3390; VII, 1054).
      Under paragraph (b), the second reading of a bill comprises its
    reading for amendment in the Committee of the Whole (Apr. 28, 1977, p.
    12635).
      The right to <> demand the reading in full of the engrossed copy of a
    bill formerly guaranteed by the rule existed immediately after it had
    been ordered to be engrossed and before it had been read a third time by
    title (IV, 3400, 3403, 3404; VII, 1061); and before the yeas and nays
    had been ordered on passage (IV, 3402). The right to demand the reading
    in full caused the bill to be laid aside until engrossed even though the
    previous question had been ordered (IV, 3395-3399; VII, 1062). A
    privileged motion may not intervene before the third reading (IV, 3405),
    and the question on engrossment and third reading is not subject to a
    demand for division of the question (Aug. 3, 1989, p. 18544). A vote on
    passage must first be reconsidered to remedy the omission to read a bill
    a third time (IV, 3406). Senate bills are not engrossed in the House;
    but are ordered to a third reading. The demand for the reading of the
    engrossed copy of a Senate bill cannot be made in the House (VIII,
    2426).
      A bill in <> the House (as
    distinguished from the Committee of the Whole) is amended pending the
    engrossment and third reading (V, 5781; VI, 1051, 1052). The question on
    engrossment and third reading being decided in the negative the bill is
    rejected (IV, 3420, 3421). A bill must be considered and voted on by
    itself (IV, 3408). If the two Houses pass similar but distinct bills on
    the same subject it is necessary that one or the other House act again
    on the subject (IV, 3386). The requirement of a two-thirds vote for
    proposed constitutional

    [[Page 750]]

    amendments has been construed in the later practice to apply only to the
    vote on the final passage (V, 7029, 7030; VIII, 3504). A bill having
    been rejected by the House, consideration of a similar but not identical
    bill on the same subject was afterwards held to be in order (IV, 3384).

                                    Rule XVII

                               decorum and debate

    Decorum
      1. (a) <> A Member, Delegate, or Resident Commissioner who
    desires to speak or deliver a matter to the House shall rise and
    respectfully address the Speaker and, on being recognized, may address
    the House from any place on the floor. When invited by the Chair, a
    Member, Delegate, or Resident Commissioner may speak from the Clerk's
    desk.
      (b) Remarks in debate (which may include references to the Senate or
    its Members) shall be confined to the question under debate, avoiding
    personality.

      This clause (formerly clause 1 of rule XIV) was adopted in 1880, but
    was made up, in its main provisions, of older rules, which dated from
    1789 and 1811 (V, 4979). A rule of comity prohibiting most references in
    debate to the Senate was first enunciated in Jefferson's Manual and was
    strictly enforced in the House through the 108th Congress (albeit with
    certain exceptions adopted in the 100th and 101st Congresses outlined in
    former paragraph (b)) (Sec. 371, supra; H. Res. 5, Jan. 6, 1987, p. 6;
    H. Res. 5, Jan. 3, 1989, p. 72). In the 109th Congress the exceptions
    were deleted and the parenthetical in paragraph (b) was inserted (sec.
    2(g), H. Res. 5, Jan. 4, 2005, p. 43). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XIV (H. Res. 5, Jan. 6,
    1999, p. 47). This clause, and rulings of the Chair with respect to
    references in debate to the Senate, are discussed in Sec. Sec. 361, 371,
    supra.
      The Speaker, who has a responsibility under rule I to maintain and
    enforce decorum in debate, and the chair of the Committee of the Whole,

    [[Page 751]]

    who enforces decorum in debate under rule XVIII, have reminded and
    advised Members of the following: (1) clause 1 requires Members seeking
    recognition to rise and to address themselves to the question under
    debate, avoiding personality; (2) Members should address their remarks
    to the Chair only and not to other entities such as the press or the
    viewing audience, and the Chair takes the initiative to enforce this
    rule (see, e.g., Nov. 8, 1979, p. 31519; Sept. 29, 1983, p. 26501; Dec.
    17, 1987, p. 36139; Oct. 17, 2005, p. 22907); (3) Members should not
    refer to or address any occupant of the galleries; (4) Members should
    refer to other Members in debate only in the third person, by State
    designation (Speaker O'Neill, June 14, 1978, p. 17615; Oct. 2, 1984, p.
    28520; Mar. 7, 1985, p. 5028) and may not direct remarks to a former
    Member present on the floor (Apr. 9, 2014, p. _); (5) Members should
    refrain from using profanity or vulgarity in debate (Mar. 5, 1991, p.
    5036; Feb. 18, 1993, p. 2973; Nov. 17, 1995, p. 33744; July 23, 1998, p.
    17032; Oct. 11, 2000, p. 22189; Oct. 2, 2003, pp. 23949, 23950; Mar. 10,
    2004, p. 3849; May 21, 2014, p. _); (6) the Chair may interrupt a Member
    engaging in personalities with respect to another Member of the House,
    as the Chair does with respect to such references to the Senate or the
    President (Jan. 4, 1995, p. 551); (7) Members should refrain from
    discussing the President's personal character (May 10, 1994, p. 9697);
    (8) Members should heed the gavel (see, e.g., Mar. 16, 1988, p. 4081;
    Oct. 2, 2003, p. 23950; May 19, 2004, pp. 10107, 10108) because ignoring
    the gavel is not an act of civil disobedience but rather an act of stark
    incivility (July 28, 2009, p. 19565), and remarks uttered in debate
    while not under recognition do not appear in the Congressional Record
    (e.g., May 22, 2003, p. 12965; Oct. 2, 2003, p. 23950; May 19, 2004, pp.
    10107, 10108); (9) Members may not use audio devices during debate (May
    24, 2005, p. 11008). The Speaker has deplored the tendency to address
    remarks directly to the President (or others not in the Chamber) in the
    second person, and cautions Members on the Chair's own initiative (see,
    e.g., Oct. 16, 1989, p. 24715; Oct. 17, 1989, p. 24764; Jan. 24, 1990,
    p. 426; Oct. 9, 1991, p. 25999; Speaker Boehner, Jan. 23, 2012, p. _;
    Speaker Boehner, Feb. 26, 2013, p. _; Oct. 8, 2013, p. _; Speaker
    Boehner, Mar. 25, 2014, p. _; Speaker Boehner, Feb. 25, 2015, p. _).
    Even when referring in debate to the Speaker, Members direct their
    remarks to the occupant of the Chair (Nov. 1, 1983, p. 30267).
      Members should refrain from speaking disrespectfully of the Speaker or
    arraigning the personal conduct of the Speaker, and under the precedents
    the sanctions for such violations transcend the ordinary requirements
    for timeliness of challenges (II, 1248; Jan. 4, 1995, p. 551; Jan. 18,
    1995, p. 1441; Jan. 19, 1995, p. 1599). Engaging in personalities with
    respect to the Speaker's conduct is not in order even though possibly
    relevant to a pending resolution granting him certain authority (Sept.
    24, 1996, p. 24485).
      This clause also has been interpreted to proscribe the wearing of
    badges by Members to communicate a message, because Members must rise
    and

    [[Page 752]]

    address the Speaker to deliver any matter to the House (Speaker O'Neill,
    Apr. 15, 1986, p. 7525; Feb. 22, 1995, p. 5435; Mar. 29, 1995, p. 9662;
    Oct. 19, 1995, pp. 28522, 28540, 28646; Nov. 17, 1995, p. 5435; Mar. 7,
    1996, p. 4083; Sept. 26, 1996, p. 25117; July 24, 1998, p. 17157; Sept.
    28, 2000, p. 19940; Sept. 22, 2004, p. 18967; May 22, 2013, p. _). A
    Member's comportment may constitute a breach of decorum even though the
    content of that Member's speech is not, itself, unparliamentary (July
    29, 1994, p. 18609). Under this standard the Chair may deny recognition
    to a Member who has engaged in unparliamentary debate and ignored
    repeated admonitions by the Chair to proceed in order, subject to the
    will of the House on the question of proceeding in order (Sept. 18,
    1996, p. 23535).
      For further discussion of personalities in debate with respect to
    references to the official conduct of a Member, see Sec. Sec. 361-363,
    supra; with respect to references to the President, see Sec. 370, supra;
    and with respect to references to the Senate, see Sec. Sec. 371-374,
    supra.
      Aside from ``special-order,'' ``morning-hour,'' or ``one-minute''
    debate, where no question is pending and recognition is by unanimous
    consent or leadership listings, it is a general rule that a motion must
    be made before a Member may proceed in debate (V, 4984, 4985), and this
    motion must be reduced to writing upon demand (V, 4986). A motion must
    also be stated by the Speaker or read by the Clerk before debate may
    begin (V, 4982, 4983, 5304). The withdrawal of a motion precludes
    further debate on it (V, 4989). But sometimes when a communication or a
    report has been before the House it has been debated before any specific
    motion has been made in relation to it (V, 4987, 4988). In a few cases,
    such as conference reports and reports from the Committee of the Whole,
    the motion to agree is considered as pending without being offered from
    the floor (IV, 4896; V, 6517).
      A <> Member
    having the floor may not be deprived of it by an ordinary motion, even
    the highly privileged motion to adjourn (V, 5369, 5370; VIII, 2646), or
    the motion to table (Mar. 18, 1992, p. 6022), a parliamentary inquiry
    (VIII, 2455-2458), a question of privilege (V, 5002; VIII, 2459), a
    motion that the Committee rise (VIII, 2325), or a demand for the
    previous question (VIII, 2609; Mar. 18, 1992, p. 6022), but may be
    interrupted for a conference report (V, 6451; VIII, 3294) or by a point
    of order (e.g., June 24, 2008, pp. 13499, 13500). It is a custom also
    for the Speaker to request a Member to yield for the reception of a
    message. A Member may yield the floor for a motion to adjourn or that
    the Committee of the Whole rise without losing the right to continue
    when the subject is again continued (V, 5009-5013), but if the House has
    by resolution vested control of general debate in the Committee of the
    Whole in designated Members, their control of general debate may not be
    abrogated by another Member moving to rise, unless they yield for that
    purpose (May 25, 1967, p. 14121; June 10, 1999, p. 12471). A Member may
    also be seated while a paper is being read on the Member's

    [[Page 753]]

    time without losing the right to the floor (V, 5015). A Member who,
    having the floor, moved the previous question was permitted to resume
    the floor on withdrawing the motion (V, 5474). But a Member may not
    yield to another Member to offer an amendment without losing the floor
    (V, 5021, 5030, 5031; VIII, 2476), and a Member may not offer an
    amendment in time secured for debate only (VIII, 2474), or request
    unanimous consent to offer an amendment unless yielded to for that
    purpose by the Member controlling the floor (Sept. 24, 1986, p. 25589;
    May 11, 2006, p. 7877). A Member recognized under the five-minute rule
    in the Committee of the Whole may not yield to another Member to offer
    an amendment, because it is within the power of the Chair to recognize
    Members to offer amendments (Apr. 19, 1973, p. 13240; Dec. 12, 1973, p.
    41171). A Member desiring to interrupt another in debate should address
    the Chair for permission of the Member speaking (V, 5006; VI, 193), but
    the latter may exercise discretion as to whether or not to yield (V,
    5007, 5008; VI, 193; VIII, 2463, 2465). It is not in order to disrupt a
    Member's remarks in debate by repeatedly interrupting to ask whether the
    Member will yield after having declined to do so (Apr. 9, 1992, p. 9040;
    Nov. 13, 1997, p. 26533; Apr. 2, 2009, pp. 9692, 9693). If a Member
    interrupts another during debate without being yielded to or otherwise
    recognized (as on a point of order), such remarks are not printed in the
    Record (Speaker O'Neill, Feb. 7, 1985, p. 2229; July 21, 1993, p. 16545;
    July 29, 1994, p. 18609). Members should not engage in disruption while
    another is speaking (Dec. 20, 1995, p. 37878; June 27, 1996, p. 15915).
      The <> Speaker may of right speak
    from the Chair on questions of order and be first heard (II, 1367), but
    with this exception may speak from the Chair only by leave of the House
    and on questions of fact (II, 1367-1372). On occasions comparatively
    rare Speakers have called Members to the Chair and participated in
    debate on questions of order or matters relating to their own conduct or
    rights, usually without asking consent of the House (II, 1367, 1368,
    1371; III, 1950; V, 6097). In more recent years, Speakers have
    frequently entered into debate from the floor on substantive legislative
    issues before the House for decision, and the right to participate in
    debate in the Committee of the Whole is without question (see, e.g.,
    Apr. 30, 1987, p. 10811).
      It <> has
    always been held, and generally quite strictly, that in the House
    remarks must be confined to the subject under debate (V, 5043-5048; VI,
    576; VIII, 2481, 2534). The Chair normally does not take initiative but
    waits for the question of relevancy of debate to be raised (Sept. 27,
    1990, p. 26226; Mar. 23, 1995, p. 8986; Nov. 14, 1995, pp. 32354-57,
    32374; Dec. 15, 1995, p. 37118; Mar. 12, 1996, p. 4149; Mar. 20, 2002,
    p. 3663), which is untimely after intervening debate (July 31, 2007, p.
    21963).
      During debate on a bill, a Member under recognition must confine
    remarks to the pending legislation; that is, remarks must not dwell on
    an

    [[Page 754]]

    other measure not before the House (Nov. 4, 1999, p. 28524; July 31, p.
    21970), but rather must maintain a constant nexus between debate and the
    subject of the bill (Nov. 14, 1995, pp. 32354-57; Mar. 12, 1996, p.
    4450; Mar. 20, 2002, pp. 3663-64; June 3, 2003, p. 13483, p. 13486).
    Although remarks comparing a pending question to a broader policy
    concern may be relevant, discussion of the broader policy concern may
    not stray from its nexus to the pending question (July 31, 2007, p.
    21965, p. 21966, p. 21967). Debate on a motion to amend must be confined
    to the amendment (or the second-degree amendment, as the case may be
    (July 31, 2007, p. 21966, p. 21969)), and may neither include the
    general merits of the bill (V, 5049-5051), nor range to the merits of a
    proposition not included in the underlying resolution (Jan. 31, 1995, p.
    3032). Similarly, debate on a motion to recommit with instructions
    should be confined to the subject of the motion rather than dwelling on
    the general merits of the bill (Mar. 7, 1996, p. 4092). However, the
    Chair has accorded Members latitude in debating a series of amendments
    in the nature of a substitute to a concurrent resolution on the budget
    (Mar. 25, 1999, p. 5734). On a motion to suspend the rules, debate is
    confined to the object of the motion and may not range to the merits of
    a bill not scheduled for such consideration (Nov. 23, 1991, p. 34189;
    June 11, 2002, p. 9997). Debate on a special order providing for the
    consideration of a bill may range to the merits of the bill to be made
    in order (Sept. 26, 1989, p. 21532; Oct. 16, 1990, p. 29668; Oct. 1,
    1991, p. 24836), because the question of consideration of the bill is
    involved, but should not range to the merits of a measure not to be
    considered under that special order (Sept. 27, 1990, p. 26226; July 25,
    1995, p. 20323; Sept. 20, 1995, p. 15838; Dec. 15, 1995, p. 37118; May
    1, 1996, p. 9888; May 8, 1996, p. 10511; May 15, 1996, p. 1131; Mar. 13,
    1997, p. 3833; Mar. 20, 2002, p. 3664) or to the Rules of the House in
    general (July 9, 2004, pp. 14971, 14972, 14976 (sustained by tabling of
    appeal)). Debate on a resolution providing authorities to expedite the
    consideration of end-of-session legislation may neither range to the
    merits of a measure that might or might not be considered under such
    authorities nor engage in personalities with respect to the official
    conduct of the Speaker, even as asserted to relate to the question of
    granting the authorities proposed (Sept. 24, 1996, pp. 24485, 24486). If
    a unanimous-consent request for a Member to address the House for one
    hour specifies the subject of the address, the occupant of the Chair
    during that speech may enforce the rule of relevancy in debate by
    requiring that the remarks be confined to the subject so specified (Jan.
    23, 1984, p. 93). Debate on a question of personal privilege must be
    confined to the statements or issue that gave rise to the question of
    privilege (V, 5075-5077; VI, 576, 608; VIII, 2448, 2481; May 31, 1984,
    p. 14623). Debate on a privileged resolution recommending disciplinary
    action against a Member, although it may include comparisons with other
    such actions taken by or reported to the House for purposes of measuring
    severity of punishment, may not extend to the conduct of another sitting
    Member not the subject of a committee report

    [[Page 755]]

    (Dec. 18, 1987, p. 36271). The question whether a Member should be
    relieved from committee service is debatable only within very narrow
    limits (IV, 4510; June 16, 1975, p. 19056). Debate on a resolution
    electing a Member to a committee is confined to the election of that
    Member and should not extend to that committee's agenda (July 10, 1995,
    p. 18258).
      Although Speakers have entertained appeals from decisions as to
    irrelevancy, they have held such appeals not debatable (V, 5056-5063).
      Under prior practice in Committee of the Whole, remarks did not have
    to be confined to the subject during general debate (V, 5233-5238; VIII,
    2590; June 28, 1974, p. 21743); but under modern practice a special
    order providing for consideration of a measure in the Committee of the
    Whole typically does require such relevance in debate. All five-minute
    debate in Committee of the Whole is confined to the subject (V, 5240-
    5256; July 31, 2007, p. 21969 (sustained on appeal)), even on a pro
    forma amendment (VIII, 2591), in which case debate must relate to an
    issue in the pending portion of the bill (VIII, 2592, 2593); thus, if a
    general provisions title is pending debate may relate to any agency
    funded by the bill (June 13, 1991, p. 14692).

    Recognition
    <>   2. When two or more
    Members, Delegates, or the Resident Commissioner rise at once, the
    Speaker shall name the Member, Delegate, or Resident Commissioner who is
    first to speak. * * *

      This provision was adopted in 1789 (V, 4978). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2 of rule XIV (H. Res. 5, Jan. 6, 1999, p. 47).
      In the early history of the House, when business proceeded on
    presentation by individual Members, the Speaker recognized the Member
    who arose first; and in case of doubt there was an appeal from such
    recognition (II, 1429-1434). But as the membership and business of the
    House increased it became necessary to establish and adhere to a fixed
    order of business, and recognitions, instead of pertaining to the
    individual Member, necessarily came to pertain to the bill or other
    business that would be before the House under the rule regulating the
    order of business. Hence the necessity that the Speaker should not be
    compelled to heed the claims of Members as individuals was expressed in
    1879 in a report from the Committee on Rules, which declared that ``in
    the nature of the case discretion must be lodged with the presiding
    officer'' (II, 1424). And in 1881 the Speaker declined to entertain an
    appeal from his decision on a question of recognition (II, 1425-1428),
    establishing thereby a line of precedent that continues (VI, 292; VIII,
    2429, 2646, 2762). It also has been determined that a Member may not
    invoke clause 6 of rule XIV (formerly rule XXV)

    [[Page 756]]

    (Sec. 884, supra), providing that questions relating to the priority of
    business shall be decided by a majority without debate, to inhibit the
    Speaker's power of recognition under this clause (Speaker Albert, July
    31, 1975, p. 26249). A Member desiring to be recognized should take the
    time to do so properly (Speaker Boehner, Jan. 23, 2012, p. _; Speaker
    Boehner, Feb. 26, 2013, p. _; Speaker Boehner, Mar. 25, 2014, p. _;
    Speaker Boehner, Feb. 25, 2015, p. _).--
      Recognition <> for one-minute speeches by unanimous consent and the order
    of recognition therefor are entirely within the discretion of the
    Speaker (Nov. 15, 1983, p. 32657; Mar. 7, 2001, p. 3027; Sept. 28, 2012,
    p. _), who may refuse to recognize for them until the completion of
    legislative business (Deschler-Brown, ch. 29, Sec. 73; July 24, 1980, p.
    19386) or decline a unanimous-consent request to increase the number
    (Mar. 7, 2001, p. 3027; Sept. 16, 2008, p. 19204; Mar. 21, 2010, p.
    4092; Feb. 27, 2015, p. _). It is not in order to raise as a question of
    the privileges of the House a resolution directing the Speaker to
    recognize for such speeches, because a question of privilege cannot
    amend or interpret the Rules of the House (July 25, 1980, pp. 19762-64).
    The modern practice of limiting recognition before legislative business
    to one minute began August 2, 1937 (p. 8004) and was reiterated by
    Speaker Rayburn on March 6, 1945 (Deschler, ch. 21, Sec. 6.1). Although
    the Chair's calculation of time consumed under one-minute speeches is
    not subject to challenge, the Chair endeavors to recognize majority and
    then minority Members by allocating time in a nonpartisan manner (Aug.
    4, 1982, p. 19319). The Speaker will traditionally recognize a Member
    only once per day by unanimous consent for a one-minute speech, and will
    not entertain a second request (Speaker McCormack, June 11, 1963, p.
    10634; May 1, 1985, p. 9995; July 21, 2009, pp. 18493, 18494) or a
    request to extend recognition beyond one minute (Speaker McCormack, June
    11, 1963, p. 10633; Jan. 7, 2014, p. _).
      Since the 98th Congress the Speaker has followed announced policies of
    alternating recognition for one-minute speeches and special-order
    speeches between majority and minority Members (Speaker O'Neill, Aug. 8,
    1984, p. 22963; Jan. 4, 1995, p. 551). In the 101st Congress, the Chair
    continued the practice of alternating recognition for one-minute
    speeches but began a practice of recognizing Members suggested by their
    party leadership before others in the well (Apr. 19, 1990, p. 7406).
    From August 8, 1984, through February 23, 1994, the Speaker also
    followed an announced policy of recognizing Members of the same party
    within a given category in the order in which their unanimous-consent
    requests for special orders were granted (Speaker O'Neill, Aug. 8, 1984,
    p. 22963; Jan. 5, 1993, p. 106). On February 24, 1994, the Speaker
    announced a new policy governing recognition for special-order speeches.
    The Speaker announced that the Chair would recognize for speeches of
    five minutes or less before longer speeches, and that Members may not
    enter requests for five-minute special orders earlier than one week in
    advance. With respect to recognition for

    [[Page 757]]

    longer special orders, the Speaker announced a policy of recognition
    that would depend not on orders by unanimous consent but, rather, on
    lists submitted by the respective party Leaders. This policy, the result
    of bipartisan negotiations, was a departure from the modern practice as
    described in Deschler, ch. 21, Sec. 7.1 (special-order speeches
    following legislative business are enabled only by unanimous consent).
    In the 112th Congress, the Speaker announced a new policy (effective
    February 1, 2011) of recognizing only for longer speeches following
    legislative business (Speaker Boehner, Jan. 5, 2011, p. 105). Under the
    Speaker's policy: (1) recognition does not extend beyond 10 p.m.; (2)
    recognition is limited to four hours equally divided between the
    majority and minority; (3) the first hour for each party is reserved to
    its respective Leader or designee; (4) the second hour for each party is
    divided into two 30-minute periods; (5) time within each party is
    allotted in accord with a list submitted to the Chair by the respective
    Leader, and time not claimed at the appropriate point is considered to
    have expired; (6) recognition for the first hour alternates between the
    parties from day to day; (7) the respective Leaders may establish
    additional guidelines for entering requests; and (8) the Speaker may
    withdraw recognition should circumstances warrant (Feb. 11, 1994, p.
    2244; May 23, 1994, pp. 11459; June 10, 1994, p. 12684; Jan. 4, 1995, p.
    551; Feb. 16, 1995, p. 5096; May 12, 1995, p. 12765; Jan. 21, 1997, p.
    460; Jan. 31, 2001, p. 1078; Jan. 5, 2011, p. 105; Jan. 3, 2013, p. _;
    Jan. 6, 2015, p. _).
      The Chair will recognize for subdivisions of the first hour for each
    party only on designations (and reallocations) by the leadership
    concerned (Oct. 2, 1998, p. 23151; Dec. 12, 2001, p. 25605; June 21,
    2012, p. _; Feb. 14, 2013, p. _). A Member who is recognized to control
    time during special orders may yield to colleagues for such amounts of
    time as the Member may deem appropriate but may not yield blocks of time
    to be enforced by the Chair. Members regulate the duration of their
    yielding by reclaiming the time when appropriate (Jan. 31, 2001, p.
    1078). Neither a one-hour (Mar. 6, 2012, p. _) nor 30-minute (Mar. 6,
    2012, p. _) special order may be extended, even by unanimous consent.
    Under a former stricture, the Chair did not entertain a unanimous-
    consent request to extend a five-minute special-order speech (Mar. 7,
    1995, p. 7152; Sept. 29, 2009, pp. 22877, 22878), to recognize for a
    special-order speech after midnight (May 10, 2007, p. 12222), or to
    extend a special-order speech beyond midnight (Oct. 7, 1998, p. 24394).
      The Chair may withdraw recognition during a special-order speech,
    declare a recess under clause 12 of rule I, and following the recess
    confer recognition for the remainder of the speech (Nov. 4, 2009, p.
    26795).-
      Beginning <> in the second
    session of the 103d Congress, the House has by unanimous consent agreed
    (without prejudice to the Speaker's ultimate power of recognition under
    this rule) to convene early on certain days for morning-hour debate
    (e.g., Feb. 11, 1994, p. 2244; May 23, 1994, p. 11458; June 8, 1994,

    [[Page 758]]

    p. 12305; June 10, 1994, p. 12684; Jan. 4, 1995, p. 551; Feb. 16, 1995,
    p. 5096). On May 12, 1995 (p. 12765), the House extended and modified
    the above order to accommodate earlier convening times after mid-May of
    each year. Through the 111th Congress, the order applied only to Mondays
    and Tuesdays. Beginning on February 1, 2011, the House expanded the
    order to include Wednesdays and Thursdays. The above-cited orders of the
    House: (1) postpone the Prayer, approval of the Journal, and the Pledge
    of Allegiance during morning-hour debate; and (2) require the Chair to
    recognize Members for not more than five minutes each, alternating
    between the majority and minority parties in accord with lists supplied
    by their respective Leaders. Beginning in the 112th Congress, the order
    was altered to allow the filing of privileged reports during morning-
    hour debate (Jan. 5, 2011, p. 104; see, e.g., June 20, 2012, p. _; Aug.
    1, 2012, p. _). Beginning in the second session of the 113th Congress,
    the order was altered to allow the Speaker to dispense with morning-hour
    debate upon receipt of a notification of an impairment at the place of
    reconvening under clause 12(c) of rule I (Jan. 7, 2014, p. _; Jan. 6,
    2015, p. _; see Sec. 639, supra). Under the customary order of the House
    establishing morning-hour debate, the Chair does not entertain a
    unanimous-consent request to extend a five-minute period of recognition
    (Apr. 28, 1998, p. 6924; Nov. 12, 2002, p. 21327) or to extend
    recognition beyond the specified termination (10 minutes before
    convening) (Jan. 2, 2013, p. _). The Chair may not recognize a request
    for legislative business (Feb. 27, 2013, p. _; Feb. 26, 2015, p. _) or
    that a name be removed from a list of cosponsors of a bill (Apr. 26,
    1994, p. 8544). The Chair may withdraw recognition during morning-hour
    debate (Mar. 28, 2012, p. _).-
      In <> the 103d Congress the
    House agreed by unanimous consent to conduct at a time designated by the
    Speaker structured debate on a mutually agreeable topic announced by the
    Speaker, with four participants from each party in a format announced by
    the Speaker (Feb. 11, 1994, p. 2244; Mar. 11, 1994, p. 4772; May 23,
    1994, p. 11458; June 8, 1994, p. 12305; June 10, 1994, p. 12648).
    Pursuant to that authority the House conducted three ``Oxford-style''
    debates (Mar. 16, 1994, p. 5088; May 4, 1994, p. 9300; July 20, 1994, p.
    17245). As a precursor to those structured debates, special-order time
    was used for a ``Lincoln-Douglas-style'' debate involving five Members,
    with one Member acting as ``moderator'' by controlling the hour under
    this clause (Nov. 3, 1993, p. 27312).
      Although <> there is no appeal from the Speaker's recognition, the
    Speaker is not a free agent in determining who is to have the floor. The
    practice of the House establishes rules from which the Speaker should
    not depart. For example, when the order of business brings before the
    House a certain bill the Speaker must first recognize, for motions for
    its disposition, the Member who represents the committee that has
    reported it (II, 1447; VI, 306, 514). This is not necessarily the chair
    of the committee, for a

    [[Page 759]]

    chair who, in committee, has opposed the bill, must yield the prior
    recognition to a member of the committee who has favored the bill (II,
    1449). Usually, however, the chair has charge of the bill and is
    entitled at all stages to prior recognition for allowable motions
    intended to expedite it (II, 1452, 1457; VI, 296, 300). This principle
    does not, however, apply to the chair of the Committee of the Whole (II,
    1453). Once the proponent of a pending motion has been recognized for
    debate thereon, a unanimous-consent request to modify the motion may be
    entertained only if the proponent yields for that purpose (Jan. 5, 1996,
    p. 348). The Chair will entertain a unanimous-consent request regarding
    the disposition of the measure only if the majority manager yields for
    that purpose in the case of a motion to instruct conferees (Mar. 29,
    2006, p. 4377); a measure on which the previous question has been
    ordered without intervening motion (Feb. 10, 2000, p. 1019; Feb. 13,
    2007, p. 3877, p. 3878; Mar. 4, 2010, pp. 2608, 2609; July 1, 2010, pp.
    12633, 12634 (Chair corrected himself); Feb. 10, 2011, p. 1497, p. 1509,
    p. 1521; July 11, 2013, p. _); or a measure on which time has been
    yielded under the hour rule solely for the purpose of debate (Dec. 16,
    2005, p. 29061; Nov. 7, 2007, p. 30354; May 25, 2011, p. 7881; Feb. 14,
    2013, p. _; Apr. 8, 2014, p. _, p. _; May 21, 2014, p. _; July 30, 2014,
    p. _; Jan. 21, 2015, p. _), even if the Chair has not yet conferred
    recognition for debate (Deschler-Brown, ch. 29, Sec. 30.5; May 17, 2012,
    p. _). Where time has been yielded under the hour rule solely for the
    purpose of debate, the Chair may take cognizance of the majority
    manager's refusal to yield for a unanimous-consent request for the
    consideration or disposition of another measure, and need not verify
    such refusal in each instance (Mar. 26, 2014, p. _; Aug. 1, 2014, p. _).
    Even if a request is not entertained under these strictures, a
    unanimous-consent request embellished with oratory constitutes debate
    and can become an imposition on the time of the manager who yielded
    (Oct. 2, 2013, p. _; Jan. 15, 2014, p. _; Mar. 26, 2014, p. _; Aug. 1,
    2014, p. _).
      The Member who introduces a bill has no claim to recognition as
    opposed to members of the reporting committee, but in cases in which a
    proposition is brought directly before the House the mover is entitled
    to prior recognition for motions and debate (II, 1446, 1454; VI, 302-
    305, 417; VIII, 2454, 3231). This principle applies to the makers of
    certain motions. Thus, the Member on whose motion the enacting clause of
    a bill is stricken in Committee of the Whole is entitled to prior
    recognition when the bill is reported to the House (V, 5337; VIII,
    2629). Where a Member raises an objection in a joint session to count
    the electoral vote, and the Houses separate to consider the objection,
    the Chair first recognizes that Member (III, 1956; Jan. 6, 2005, p. 199)
    or a co-signer of the objection (Jan. 6, 1969, pp. 145-7). But a Member
    may not, by offering a debatable motion of higher privilege than the
    pending motion, deprive the Member in charge of the bill of possession
    of the floor for debate (II, 1460-1463; VI, 290, 297-299; VIII, 2454,
    3193, 3197, 3259). The Member in charge of the bill and having the floor
    may demand the previous question, although another Member

    [[Page 760]]

    may propose to offer a motion of higher privilege (VIII, 2684); but the
    motion of higher privilege must be put before the previous question (V,
    5480; VIII, 2684). When the House establishes a special order for
    consideration of a measure, only a manager identified by the terms of
    that order is recognized to call up the measure (Deschler, ch. 21,
    Sec. 1.25; Jan. 18, 2007, p. 1624). The Member who has been recognized
    to call up a measure in the House has priority of recognition to move
    the previous question thereon, even over the chair of the committee
    reporting that measure (Oct. 1, 1986, p. 27468).
      The fact that a Member has the floor on one matter does not
    necessarily entitle the Member to prior recognition on a motion relating
    to another matter (II, 1464). It is because the Speaker is governed by
    these usages that the Speaker often asks a Member seeking recognition,
    ``For what purpose does the gentleman (or gentlewoman) seek
    recognition?''. By this question the Speaker determines whether the
    Member proposes business or a motion that is entitled to precedence, and
    may deny recognition (VI, 289-291, 293; Aug. 13, 1982, pp. 20969, 20975-
    78; Speaker Wright, Feb. 17, 1988, p. 1583; Feb. 27, 1992, p. 3656). For
    example, a Member's mere revelation that the Member seeks to offer a
    motion to adjourn does not suffice to render that motion ``pending,''
    and thus the Chair remains able to declare a short recess under clause
    12 of rule I (Oct. 28, 1997, p. 23524; June 25, 2003, p. 16241; July 13,
    2009, p. 17493). There is no appeal from such denial of recognition (II,
    1425; VI, 292; VIII, 2429, 2646, 2762; Feb. 27, 1992, p. 3656). Where
    the Chair confers recognition solely for the reading of a matter and not
    for debate, the Member so recognized may not yield to another for debate
    (Jan. 6, 2011, p. 140). Recognition for parliamentary inquiry lies in
    the discretion of the Chair (VI, 541; Mar. 23, 2007, p. 7420, p. 7423),
    who may take a parliamentary inquiry under advisement (VIII, 2174),
    especially if not related to the pending proceedings (Apr. 7, 1992, p.
    8273).
      The Chair may follow a tradition of the House to allow the highest
    ranking party leaders (Speaker, Majority Leader, and Minority Leader)
    additional time to make their remarks in debate (Dec. 18, 1998, p.
    27834; May 18, 2004, pp. 9944, 9945) and only the nominal time yielded
    for such debate is charged to the manager (June 26, 2009, p. 16703; June
    24, 2010, pp. 11703, 11704). With regard to recognition for such
    additional time, the Chair has refused to espouse a hypothetical outer
    limit (June 26, 2009, p. 16734) and to announce the amount of time
    consumed (June 26, 2009, p. 16738; May 27, 2010, p. 9686).
      When <> an essential motion made by the Member in charge of a bill is
    decided adversely, the right to prior recognition passes to the Member
    whom the Speaker perceives to be leading the opposition to the motion
    (II, 1465-1468; VI, 308). Under this principle control of a measure
    passes when the House disagrees to a recommendation of the committee
    reporting the measure (II, 1469-1472) or when the Committee of the Whole
    reports

    [[Page 761]]

    the measure adversely (IV, 4897; VIII, 2430). Similarly, this principle
    applies when a motion for the previous question is rejected (VI, 308).
    However, a Member who led the opposition to ordering the previous
    question may be preempted by a motion of higher precedence (Aug. 13,
    1982, pp. 20969, 20975-78). On the other hand, the mere defeat of an
    amendment proposed by the Member in charge does not cause the right to
    prior recognition to pass to an opponent (II, 1478, 1479).
      Rejection of a conference report after the previous question has been
    ordered thereon does not cause recognition to pass to a Member opposed
    to the report, and the manager retains control to offer the initial
    motion to dispose of amendments in disagreement (Speaker Albert, May 1,
    1975, p. 12761). Similarly, the invalidation of a conference report on a
    point of order, which is equivalent to its rejection by the House, does
    not give the Member raising the question of order the right to the floor
    (VIII, 3284) and exerts no effect on the right to recognition (VI, 313).
    In most cases, when the House refuses to order the previous question on
    a conference report, it then rejects the report (II, 1473-1477; V,
    6396). However, control of a Senate amendment reported from conference
    in disagreement passes to an opponent when the House rejects a motion to
    dispose thereof (Aug. 6, 1993, p. 19582).
      In <> debate the members of the committee--except the Committee of
    the Whole (II, 1453)--are entitled to priority of recognition for debate
    (II, 1438, 1448; VI, 306, 307), but a motion to lay a proposition on the
    table is in order before the Member entitled to prior recognition for
    debate has begun remarks (V, 5391-5395; VI, 412; VIII, 2649, 2650).
      In recognizing for debate under general House rules the Chair
    alternates between those favoring and those opposing the pending matter,
    preferring members of the committee reporting the bill (II, 1439-1444).
    When a member of a committee has occupied the floor in favor of a
    measure the Chair attempts to recognize a Member opposing next, even
    though not a member of the committee (II, 1445). The principle of
    alternation is not insisted on rigidly where a limited time is
    controlled by Members, as in the 40 minutes of debate on motions for
    suspension of the rules and the previous question (II, 1442).
      As <> to motions to suspend the rules, which are in
    order on Mondays, Tuesdays, and Wednesdays, the Speaker exercises
    discretion in recognition (V, 6791-6794, 6845; VIII, 3402-3404). The
    Speaker also may decline to recognize a Member who desires to ask
    unanimous consent to set aside the rules in order to consider a bill not
    otherwise in order, this being the way of signifying objection to the
    request. But this authority did not extend to the former Consent
    Calendar. The Chair has declined to entertain a unanimous-consent
    request to print a separate volume of tributes given in memory of a
    deceased former Member absent

    [[Page 762]]

    concurrence of the Joint Committee on Printing (Aug. 1, 1996, p. 21247).
    The Speaker has announced and enforced a policy of conferring
    recognition for unanimous-consent requests for the consideration of
    certain legislation only when assured that the majority and minority
    floor and committee leaderships have no objection. This policy includes:
    (1) requests relating to reported measures (July 23, 1993, p. 16820;
    Feb. 10, 2011, p. 1476) and unreported measures (see, e.g., Dec. 15,
    1981, p. 31590; Nov. 16, 1983, p. 33138; Jan. 25, 1984, p. 354; Jan. 26,
    1984, p. 449; Jan. 31, 1984, p. 1063; Feb. 4, 1987, p. 2675; Jan. 3,
    1989, p. 89; Jan. 3, 1991, p. 64; Jan. 5, 1993, p. 106; Apr. 4, 1995, p.
    10297; Mar. 20, 2010, p. 4033; Mar. 5, 2013, p. _); (2) requests for
    immediate consideration of matters (separately unreported) comprising a
    portion of a measure already passed by the House (Dec. 19, 1985, p.
    38356); (3) requests to consider a motion to suspend the rules and pass
    an unreported bill on a nonsuspension day (Aug. 12, 1986, p. 21126) or a
    suspension day (Feb. 1, 2012, p. _; Mar. 30, 1998, p. 5153); (4)
    requests to permit consideration of (nongermane) amendments to bills
    (Nov. 14, 1991, p. 32083; Dec. 20, 1995, p. 37877; June 27, 2002, p.
    11838); (5) requests to permit expedited consideration of measures on
    subsequent days, as by waiving the requirement that a bill be referred
    to committee for 30 legislative days before a motion to discharge may be
    presented under clause 2 of rule XV (formerly clause 3 of rule XXVII)
    (June 9, 1992, p. 13900); (6) requests relating to Senate-passed bills
    on the Speaker's table (Oct. 25, 1995, p. 29347; Jan. 3, 1996, p. 58;
    Aug. 2, 1999, p. 18942), including one identical to a House-passed bill
    (Feb. 4, 1998, p. 799) and a Senate concurrent resolution to correct an
    enrollment (Oct. 20, 1998, p. 27358); (7) requests to dispose of Senate
    amendments to House bills on the Speaker's table (Jan. 4, 1996, pp. 200,
    210; Nov. 22, 2002, p. 23510; Oct. 1, 2013, p. _; Oct. 4, 2013, p. _, p.
    _; Oct. 12, 2013, p. _). The Speaker will recognize for an ``omnibus''
    unanimous-consent request (one request disposing of various measures)
    only when assured that the request, and each constituent part of the
    request, has been cleared under this policy (Oct. 10, 2002, p. 20339;
    Oct. 16, 2002, p. 20765; Nov. 14, 2002, p. 22513). The Speaker's
    enforcement of this policy is not subject to appeal (Apr. 4, 1995, p.
    10298) and is a matter of discretionary recognition in the first
    instance (Sept. 27, 2006, p. 20065). ``Floor leadership'' in this
    context has been construed to apply only to the Minority Leader and not
    to the entire hierarchy of minority leadership, where the Chair had been
    assured that the Minority Leader had been consulted (Apr. 25, 1985, p.
    9415). It is not a proper parliamentary inquiry to ask the Chair to
    indicate which side of the aisle has failed under the Speaker's
    guidelines to clear a unanimous-consent request (Feb. 1, 1996, p. 2260;
    Nov. 22, 2002, p. 23510; Oct. 11, 2013, p. _; Oct. 12, 2013, p. _), but
    the Chair may indicate cognizance of a source of objection for the
    Record (Feb. 4, 1998, p. 799). The Chair will not issue an advisory
    opinion on whether an amendment would be germane to a given proposition
    for purposes of obtaining clearances under this policy (Mar. 21, 2010,
    p. 4172). With respect to unani

    [[Page 763]]

    mous-consent requests to dispose of Senate amendments to House bills on
    the Speaker's table, the Chair will entertain such a request only if
    made by the chair of the committee with jurisdiction, or by another
    committee member authorized to make the request (Apr. 26, 1984, p.
    10194; Feb. 4, 1987, p. 2675; Jan. 3, 1996, p. 86; Jan. 4, 1996, pp.
    200, 210; Deschler, ch. 21, Sec. 1.23). For a discussion of recognition
    for unanimous-consent requests to vary procedures in the Committee of
    the Whole governed by a special order adopted by the House, see
    Sec. 993, infra.

      2. <> * * * A Member,
    Delegate, or Resident Commissioner may not occupy more than one hour in
    debate on a question in the House or in the Committee of the Whole House
    on the state of the Union except as otherwise provided in this rule.

      This provision (formerly clause 2 of rule XIV) dates from 1841, when
    the increase of membership had made it necessary to prevent the making
    of long speeches that sometimes occupied three or four hours each (V,
    4978). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XIV (H. Res. 5, Jan. 6,
    1999, p. 47).
      This provision applies to debate on a question of privilege, as well
    as to debate on other questions (V, 4990; VIII, 2448). When the time for
    debate has been placed within the control of those representing the two
    sides of a question, it must be assigned to Members in accordance with
    this rule (V, 5004, 5005; VIII, 2462). A Member recognized to call up a
    privileged resolution may yield the floor upon expiration of the hour
    without moving the previous question, thereby permitting another Member
    to be recognized for a successive hour (Dec. 18, 1998, p. 27838). Under
    this clause a Member recognized for one hour for a ``special-order''
    speech in the House may not extend that time, even by unanimous consent
    (Feb. 9, 1966, p. 2794; July 12, 1971, pp. 24594, 24603; Oct. 23, 1997,
    p. 23254). The Chair has advised that the Member in charge of measure
    would be recognized for unanimous-consent requests to enlarge the time
    for debate (Feb. 4, 2009, p. 2698; Feb. 13, 2009, p. 4140). In the 104th
    Congress the Speaker announced the intention to strictly enforce time
    limitations on debate (Jan. 4, 1995, pp. 457-552). The Chair has
    announced that the Chair would accommodate as many unanimous-consent
    requests to insert remarks in debate as necessary provided they comprise
    a simple, declarative statement (not multiple statements (July 11, 2013,
    p. _)) of the Member's attitude toward the pending measure; however, any
    embellishment of such a request with other oratory may become an
    imposition on the time of the Member who yielded for that purpose (see,
    e.g., Mar. 24, 1995, p. 9215; June 27, 2002, p. 11849; May 9, 2003, p.
    11039; Nov. 21, 2003, p. 30793; Nov. 7, 2009, p. 27192; Mar. 21, 2010,
    pp. 4113, 4114; Oct. 13, 2011, p. _; July 11,

    [[Page 764]]

    2013, p. _). The Chair evaluates each request individually to determine
    whether it constitutes debate (July 11, 2013, p. _) and the decision of
    the Chair is subject to appeal (July 11, 2013, p. _, p. _, p. _). The
    Chair exercises discretion in determining whether to deduct time from
    the yielding manager (July 31, 2014, p. _) and it is not a proper motion
    that the time deducted for such debate be restored to the yielding
    Member (July 11, 2013, p. _, p. _). Similarly, a unanimous-consent
    request for the consideration or disposition of a measure that is
    embellished with oratory constitutes debate and may become an imposition
    on the time of the manager who yielded for that purpose (Oct. 2, 2013,
    p. _; Jan. 15, 2014, p. _; Mar. 26, 2014, p. _; Aug. 1, 2014, p. _).

    Managing debate
      3. (a) <> The
    Member, Delegate, or Resident Commissioner who calls up a measure may
    open and close debate thereon. When general debate extends beyond one
    day, that Member, Delegate, or Resident Commissioner shall be entitled
    to one hour to close without regard to the time used in opening.
      (b) <> Except as provided in paragraph (a),
    a Member, Delegate, or Resident Commissioner may not speak more than
    once to the same question without leave of the House.
      (c) A manager of a measure who opposes an amendment thereto is
    entitled to close controlled debate thereon.

      Paragraphs (a) and (c) (formerly clause 3 of rule XIV) were adopted in
    1847 and perfected in 1880 (V, 4996). Paragraph (b) (formerly clause 6
    of rule XIV) was adopted in 1789, and amended in 1840 (V, 4991). Before
    the House recodified its rules in the 106th Congress, paragraphs (a) and
    (c) were found in former clause 3 of rule XIV and paragraph (b) was
    found in former clause 6 of rule XIV. The recodification also added
    paragraph (c) to codify modern practice (H. Res. 5, Jan. 6, 1999, p.
    47).
      Where a special order of business allocates control of debate to
    specified Members, another may not separately claim time on the basis of
    opposition (Dec. 16, 2010, p. 22417).

    [[Page 765]]

      In the later practice this right to close may not be exercised after
    the previous question is ordered (V, 4997-5000). This clause applies to
    general debate in Committee of the Whole (Mar. 26, 1985, p. 6283). A
    majority manager of the bill who represents the primary committee of
    jurisdiction is entitled to close general debate; for example, as
    against another manager representing an additional committee of
    jurisdiction (May 13, 1998, p. 9042, 9050); or as against the subject of
    a disciplinary resolution (July 24, 2002, p. 14313). If an order of the
    House divides debate on an unreported measure among four Members, the
    Chair will recognize for closing speeches in the reverse order of the
    original allocation (Mar. 24, 1999, p. 5454). If a special order of the
    House allocates time for debate, which is further fractionalized under a
    later order by unanimous consent, the Chair recognizes for closing
    speeches in the reverse order of their original recognitions, concluding
    with the Member who opened the debate (e.g., Mar. 17, 2011, p. 4399).
    This is true even when the manager who opened debate is opposed, as in
    the case of a measure reported adversely (July 22, 1998, p. 16726; July
    27, 1999, p. 18012; June 21, 2000, pp. 11704, 11721; July 26, 2000, p.
    16437). In response to a parliamentary inquiry, the Chair advised that
    time unused by a minority manager in general debate is considered as
    yielded back upon recognition of the majority manager to close general
    debate (Feb. 27, 2002, p. 2059). A Member may yield a final amount of
    time to another for purposes of closing (Mar. 17, 2011, p. 4399). For
    further discussion of management of time for general debate and for
    debate on amendments in the Committee of the Whole, see Sec. 978, infra.
      A Member who has spoken once to the main question may speak again to
    an amendment (V, 4993, 4994). It is too late to make the point of order
    that a Member has spoken already after that Member has begun speaking
    (V, 4992). Paragraph (b) is often circumscribed by modern practice and
    by special orders of business that vest control of debate in designated
    Members and permit them to yield more than once to other Members (Apr.
    5, 2000, p. 4497). For a discussion of the right of a Member to speak
    more than once under the five-minute rule, see Sec. 981, infra. The
    right to close may not be exercised after the previous question has been
    ordered (V, 4997-5000). The right to close does not belong to a Member
    who has merely moved to reconsider the vote on a bill where not a member
    of the reporting committee (V, 4995). The right of a contestant in an
    election case to close when permitted to speak in the contest has been a
    matter of discussion (V, 5001).
      As codified in paragraph (c), the manager of a bill or other
    representative of the committee and not the proponent of an amendment
    has the right to close controlled debate on an amendment (VIII, 2581;
    July 16, 1981, p. 16043; Apr. 4, 1984, p. 7841; June 5, 1985, p. 14302;
    July 10, 1985, p. 18496; Oct. 24, 1985, p. 28824; May 2, 1988, p. 9638;
    May 5, 1988, p. 9961), including the minority manager (June 29, 1984, p.
    20253; Aug. 14, 1986, p. 21660; July 26, 1989, p. 16403; Oct. 27, 1997,
    p. 23212; July 26, 2002, p. 14972) and including the manager of a
    measure that was

    [[Page 766]]

    reported adversely (Feb. 13, 2002, p. 1355). This is so even if the
    manager is also the proponent of a pending amendment to the amendment
    (Mar. 16, 1983, p. 5792). The Chair will assume that the manager of a
    measure is representing the committee of jurisdiction even if the
    measure called up is unreported (Apr. 15, 1996, p. 7421; July 24, 1998,
    p. 17263), if an unreported compromise text is made in order as original
    text in lieu of committee amendments (Oct. 19, 1995, p. 28650), or if
    the committee reported the measure without recommendation (Feb. 12,
    1997, pp. 2108, 2109). If the pending text includes a provision
    recommended by a committee of sequential referral, a member of that
    committee is entitled to close debate in opposition to an amendment
    thereto (June 15, 1989, pp. 12084-87). If the rule providing for the
    consideration of a measure assigns a managerial role by vesting control
    of debate: (1) in named Members who do not serve on a committee of
    jurisdiction of an unreported measure (Sept. 18, 1997, p. 19325)`; or
    (2) of a reported measure, in a committee other than one of referral
    (Feb. 15, 2012, p. _), those managers are entitled to close controlled
    debate in opposition to an amendment thereto. The majority manager of
    the bill will be recognized to control time in opposition to an
    amendment thereto, without regard to the party affiliation of the
    proponent, where the special order allocated control to ``a Member
    opposed'' (May 13, 1998, p. 9110). The right to close debate in
    opposition to an amendment devolves to a member of the committee of
    jurisdiction who derived debate time by unanimous consent from a manager
    who originally had the right to close debate (Sept. 10, 1998, pp. 19961-
    63). Such right to close may not devolve to the manager of a bill who
    derived debate time by unanimous consent from a non-committee Member
    controlling time in opposition because that right may be transferred
    only where there has been an unbroken line of committee affiliation in
    opposition to the amendment (July 17, 2003, pp. 18585-87). The proponent
    of a first-degree amendment who controls time in opposition to a second-
    degree amendment that favors the original bill over the first-degree
    amendment does not qualify as a ``manager'' within the meaning of
    paragraph (c) (June 15, 2000, pp. 11040, 11047).
      The proponent of an amendment may close controlled debate if: neither
    a committee representative nor a Member assigned a managerial role by
    the governing special order oppose the amendment (Aug. 15, 1986, p.
    22057; May 6, 1998, pp. 8307, 8316; May 13, 1998, p. 9092; July 14,
    1998, p. 15321; July 17, 2003, pp. 18585-87); a committee representative
    is allocated control of time in opposition to an amendment not by
    recognition from the Chair but by unanimous-consent request of a third
    Member who was allocated the time by the Chair (July 24, 1997, pp.
    15684, 15685, 15689); no representative from the reporting committee
    opposes an amendment to a multijurisdictional bill (Mar. 9, 1995, p.
    7467); the measure is unreported and has no ``manager'' under the terms
    of a special rule (Apr. 24, 1985, p. 9206); a measure is being managed
    by a single reporting committee and the Member controlling time in
    opposition, though a member

    [[Page 767]]

    of the committee having jurisdiction over the amendment, does not
    represent the reporting committee (Nov. 9, 1995, p. 31964); a Member is
    recognized by unanimous consent to control time otherwise reserved for
    an opponent (e.g., Mar. 8, 2012, p. _; July 23, 2014, p. _).

    Call to order
      4. (a) <> If a Member, Delegate, or Resident Commissioner, in speaking
    or otherwise, transgresses the Rules of the House, the Speaker shall, or
    a Member, Delegate, or Resident Commissioner may, call to order the
    offending Member, Delegate, or Resident Commissioner, who shall
    immediately sit down unless permitted on motion of another Member,
    Delegate, or the Resident Commissioner to explain. If a Member,
    Delegate, or Resident Commissioner is called to order, the Member,
    Delegate, or Resident Commissioner making the call to order shall
    indicate the words excepted to, which shall be taken down in writing at
    the Clerk's desk and read aloud to the House.
      (b) The Speaker shall decide the validity of a call to order. The
    House, if appealed to, shall decide the question without debate. If the
    decision is in favor of the Member, Delegate, or Resident Commissioner
    called to order, the Member, Delegate, or Resident Commissioner shall be
    at liberty to proceed, but not otherwise. If the case requires it, an
    offending Member, Delegate, or Resident Commissioner shall be liable to
    censure or such other punishment as the House may consider proper. A
    Member, Delegate, or Resident Commissioner may not be held to answer a

    [[Page 768]]

    call to order, and may not be subject to the censure of the House
    therefor, if further debate or other business has intervened.

      The first sentence of paragraph (a) and all but the last sentence of
    paragraph (b) (formerly clause 4 of rule XIV) were adopted in 1789 and
    amended in 1822 and 1880 (V, 5175). The last sentence of paragraph (a)
    and the last sentence of paragraph (b) (formerly clause 5 of rule XIV)
    were adopted in 1837 and amended in 1880, although the practice of
    writing down objectionable words had been established in 1808. When the
    House recodified its rules in the 106th Congress, it consolidated former
    clauses 4 and 5 of rule XIV into a single clause (H. Res. 5, Jan. 6,
    1999, p. 47).
      Members <> transgressing the rules of debate and
    decorum may be called to order by the Speaker (VIII, 2481, 2521, 3479),
    a Member (II, 1344; V, 5154, 5161-5163, 5175, 5192), or a Delegate (II,
    1295). A Member may initiate a call to order either by making a point of
    order that a Member is transgressing the rules or by formally demanding
    that words be taken down under this clause (Sept. 12, 1996, pp. 22897,
    22899; Sept. 17, 1996, p. 23426; Sept. 18, 1996, p. 23535; Sept. 25,
    1996, p. 24759). A Member's comportment in debate may constitute a
    breach of decorum even though the content of the Member's speech is not,
    itself, unparliamentary (July 29, 1994, p. 18609). Except for naming the
    offending Member, the Speaker may not otherwise censure or punish the
    Member (II, 1345; VI, 237; Sept. 18, 1996, p. 23535; see also Sec. 366,
    supra). The House may by proper motions under this clause dictate the
    consequences of a ruling by the Chair that a Member was out of order
    (May 26, 1983, p. 14048). As an exercise of recognition, the Chair's
    determination that a Member's time in debate has expired is not subject
    to appeal (Mar. 22, 1996 p. 6086; see also Sec. Sec. 622, 629, supra).
    Furthermore, a Member speaking while not under recognition (as when
    speaking beyond the allotted time) is not entitled to in-House
    amplification (Mar. 16, 1988, p. 4081; see also Sec. 684, supra).
      As discussed in Sec. 374, supra, it is customary for the Chair to
    initiate the call to order of a Member who engages in personality in
    debate with respect to Members of the Senate, including an insertion in
    the Record (Speaker Albert, Apr. 17, 1975, p. 10458; Oct. 7, 1975, p.
    32055; Feb. 27, 1997, pp. 2784, 2785). On the other hand, it is
    customary for the Chair to await an initiative from the floor to call to
    order a Member who engages in personality in debate with respect to
    another Member of the House (June 29, 1987, p. 18072; Jan. 4, 1995, p.
    551; Feb. 27, 1997, pp. 2784, 2785). The Chair may take initiative to
    call to order a Member engaging in verbal outburst either following
    expiration of recognition for debate (Mar. 16, 1988, p. 4081) or during
    recognition of another Member (June 5, 2003, p. 13884). The Chair may
    order the offending Member to be seated (June 5, 2003, p. 13884) or may
    deny further recognition, subject to the

    [[Page 769]]

    will of the House on the question of proceeding in order (Speaker
    O'Neill, June 16, 1982, p. 13843; July 29, 1994, p. 18609; Sept. 18,
    1996, p. 23535). The Chair may admonish a Member for words spoken in
    debate and request that they be removed from the Record even before a
    demand that the words be taken down (Sept. 24, 1992, p. 27345).
      This clause (formerly clause 5) prohibits the taking down of words
    after intervening business (V, 5177; VIII, 2536; Sept. 16, 1991, p.
    23032; Mar. 28, 1996, p. 6934) and the Chair's ruling in that regard is
    subject to appeal (Jan. 22, 2007, p. 1899). However, a Member standing
    and seeking recognition at the appropriate time may yet be recognized to
    demand that words be taken down even though brief debate may have
    intervened, and a request that a Member uttering objectionable words
    yield does not forfeit the right to demand that the words be taken down
    (VIII, 2528). Action taken by the Chair to determine whether a point of
    order from the floor is intended as a demand that words be taken down is
    not such intervening debate or business as would render the demand
    untimely (Oct. 2, 1984, p. 28522). Similarly, a parliamentary inquiry
    concerning the propriety of words just spoken in debate does not render
    untimely a demand that the words be taken down as unparliamentary (May
    6, 2004, p. 8554). However, an improper parliamentary inquiry concerning
    the substantive content of the words does render untimely such demand
    (July 20, 2005, pp. 16653, 16654). Although under this clause a Member
    may not be held to answer a call to order if further debate or business
    has intervened, the Chair may under clause 2 of rule I generally
    admonish Members to preserve proper decorum even after intervening
    debate (Dec. 5, 2001, p. 24002). For instances in which the Chair
    admonished Members for improper references to the Senate after brief
    intervening debate, see Sec. 371, supra.
      While a demand that a Member's words be taken down is pending, that
    Member should be seated immediately (July 29, 1994, p. 18609; Jan. 25,
    1995, p. 2352; Mar. 7, 2012, p. _), and no Member may engage the Chair
    until the demand has been disposed of (Nov. 9, 1995, p. 31913; Nov. 14,
    1995, p. 32472). If two Members consecutively demand that each others'
    words be taken down as unparliamentary, the Chair advises both Members
    to be seated and then directs the Clerk to report the first words
    objected to (June 19, 1996, p. 14655). An offending Member may be
    directed by the Chair to be seated even if a formal demand that the
    Member's words be taken down is not pending; for example, if a Member
    declines to proceed in order at the directive of the Chair after points
    of order have been sustained against unparliamentary references in
    debate, the Chair may, under rule I and this rule, deny the Member
    further recognition as a disposition of the question of order, subject
    to the will of the House on the question of proceeding in order (Sept.
    12, 1996, p. 22900; Sept. 17, 1996, p. 23427; Sept. 18, 1996, p. 23535;
    see also Sec. 366, supra).
      The Chair may entertain a unanimous-consent request to withdraw or
    modify words taken down either before (Deschler-Brown, ch. 29,
    Sec. 51.1) or after (Deschler-Brown, ch. 29, Sec. 51.2) the words have
    been reported to

    [[Page 770]]

    the House (VIII, 2528, 2538, 2540, 2543, 2544; July 16, 1998, p. 15827;
    June 28, 2000, pp. 12771, 12776). Unanimous consent is not required for
    a Member to withdraw a demand that words be taken down before a ruling
    by the Chair (June 18, 1986, p. 14232).
      The words having been read from the desk, the Chair decides whether
    they are in order (II, 1249; V, 5163, 5169, 5187) as read by the Clerk
    and not as otherwise alleged to have been uttered (June 9, 1992, p.
    13902). When a Member denies that the words taken down are the exact
    words used, the question as to the words is put to the House for
    decision (V, 5179, 5180). Where demands are made to take down words both
    as spoken in a one-minute speech and as reiterated when the offending
    Member is permitted by unanimous consent to explain, the Chair may rule
    simultaneously on both (July 25, 1996, p. 19170). A decision of the
    Chair on words taken down is subject to appeal (Sept. 28, 1996, p.
    25780; Apr. 9, 2003, p. 9005).
      The rule permits a motion that an offending Member be permitted to
    explain before the Chair rules on the words taken down, and the Chair
    has discretion to ask for explanation before ruling on the words (Feb.
    1, 1940, p. 954). The Chair also may recognize an offending Member,
    permitted by unanimous consent, to explain words ruled out of order
    (Nov. 10, 1971, p. 40442).
      If words taken down are ruled out of order, the Member loses the floor
    (V, 5196-5199; Jan. 25, 1995, p. 2352; Apr. 17, 1997, p. 5832; Mar. 7,
    2012, p. _) and may not proceed on the same day without the permission
    of the House (Jan. 29, 1946, p. 533; Aug. 21, 1974, p. 29652; Jan. 25,
    1995, p. 2352), even on yielded time (V, 5147), and may not insert
    unspoken remarks in the Record (Jan. 25, 1995, p. 2352), but still may
    exercise the right to vote or to demand the yeas and nays (VIII, 2546).
    The ruling does not take the issue off the floor, and other Members may
    proceed to debate the same subject (July 25, 1996, p. 19170; Mar. 7,
    2012, p. _). The offending Member will not lose the floor if the House
    permits the Member to proceed in order (see, e.g., May 10, 1990, p.
    9992), which motion may be stated on the initiative of the Chair (Oct.
    8, 1991, p. 25757; Mar. 29, 1995, p. 9676; July 25, 1996, p. 1970; June
    13, 2002, p. 10232) or offered by any Member (July 25, 1996, p. 1970;
    Mar. 21, 2007, p. 7074). The motion is not inconsistent with the
    immediate consequence of the call to order because this clause (formerly
    clause 4) also permits the House to determine the extent of the sanction
    for a given breach (Oct. 10, 1991, p. 26102). The motion is debatable
    within narrow limits of relevance under the hour rule, and consequently
    also is subject to the motion to lay on the table (Speaker Foley, Oct.
    8, 1991, p. 25757).
      Where a Member has been called to order not in response to a formal
    demand that words be taken down but in response to a point of order, the
    former practice was to test the opinion of the House by a motion ``that
    the gentleman be allowed to proceed in order'' (V, 5188, 5189; VIII,
    2534). Under the modern practice the Chair either may invite the
    offending Mem

    [[Page 771]]

    ber to proceed in order (see, e.g., Sept. 12, 1996, p. 22898) or,
    particularly if admonitions have been ignored, may deny the Member
    recognition for the balance of the time for which recognized, subject to
    the will of the House, as by a vote on the question whether the Member
    should be permitted to proceed in order (Sept. 12, 1996, p. 22899; Sept.
    17, 1996, p. 23426; Sept. 18, 1996, p. 23535; Sept. 25, 1996, p. 24759).
      Words taken down and ruled out of order by the Chair are subject to a
    motion that they be stricken or expunged from the Record. This motion
    has precedence (VIII, 2538-2541; Aug. 21, 1974, p. 29652). Unanimous
    consent to expunge such words often is granted upon the initiative of
    the Chair (May 10, 1990, p. 9992; June 13, 2002, p. 10232), and is
    debatable within narrow limits (VIII, 2539; Speaker Martin, June 12,
    1947, p. 6896). However, the motion may not be entertained in the
    Committee of the Whole (Feb. 18, 1941, p. 1126) or offered by the Member
    called to order (Feb. 11, 1941, pp. 894, 899).
      When disorderly words are spoken in the Committee of the Whole, they
    are taken down and read at the Clerk's desk, and the Committee rises
    automatically (VIII, 2533, 2538, 2539) and reports them to the House
    (II, 1257-1259, 1348). Action in the House on words reported from the
    Committee of the Whole is limited to the words reported (VIII, 2528),
    and it is not in order as a question of privilege in the House to
    propose censure of a Member for disorderly words spoken in Committee of
    the Whole but not reported therefrom (V, 5202). After words reported to
    the House from Committee of the Whole have been disposed of (by decision
    of the Chair and any associated action by the House), the Committee
    resumes its sitting without motion (VIII, 2539, 2541).
      The House has censured a Member for disorderly words (II, 1253, 1254,
    1259, 1305; VI, 236). The House has proceeded to consider censure or
    other action although business may have intervened in certain
    exceptional cases, such as when disorderly words are part of an
    occurrence constituting a breach of privilege (II, 1657), when a
    Member's language has been investigated by a committee (II, 1655), when
    a Member has reiterated on the floor certain published charges (III,
    2637), when a Member has uttered words alleged to be treasonable (II,
    1252), or when a Member has uttered an attack on the Speaker (II, 1248;
    Jan. 4, 1995, p. 551; Jan. 19, 1995, p. 1599).
      For a discussion of resolving the use of objectional exhibits that are
    a breach of decorum, see Sec. 622, supra; and for a discussion of
    resolving the use of objectional exhibits that are not necessarily a
    breach of decorum, see clause 6, Sec. 963, infra.

    Comportment
      5. <> When the Speaker is
    putting a question or addressing the House, a Member, Delegate, or
    Resident Commissioner

    [[Page 772]]

    may not walk out of or across the Hall. When a Member, Delegate, or
    Resident Commissioner is speaking, a Member, Delegate, or Resident
    Commissioner may not pass between the person speaking and the Chair.
    During the session of the House, a Member, Delegate, or Resident
    Commissioner may not wear a hat or remain by the Clerk's desk during the
    call of the roll or the counting of ballots. A person on the floor of
    the House may not smoke or use a mobile electronic device that impairs
    decorum. The Sergeant-at-Arms is charged with the strict enforcement of
    this clause.

      Until the 104th Congress this clause (formerly clause 7 of rule XIV)
    was made up of provisions adopted in 1789, 1837, 1871, and 1896. In the
    104th Congress a reference to the former Doorkeeper was deleted and a
    prohibition against using any personal electronic office equipment was
    added (secs. 201, 223, H. Res. 6, Jan. 4, 1995, pp. 463, 469). However,
    that prohibition was modified in the 108th Congress to cover only a
    wireless telephone or personal computer (sec. 2(k), H. Res. 5, Jan. 7,
    2003, p. 7) and again in the 112th Congress to cover any mobile
    electronic device that impairs decorum (sec. 2(e)(2), H. Res. 5, Jan. 5,
    2011, p. 80). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 7 of rule XIV (H.
    Res. 5, Jan. 6, 1999, p. 47). The Chair may enlist the Sergeant-at-Arms
    to enforce a breach of this clause (Sept. 17, 1997, p. 19027; Mar. 28,
    2012, p. _).
      Originally Members wore their hats during sessions, as in Parliament,
    and the custom was not abolished until 1837 (II, 1136). The prohibition
    against Members wearing hats in the Chamber while the House is in
    session includes doffing a hat in tribute to a group (Speaker Foley,
    June 22, 1993, p. 13569; June 10, 1996, p. 13560) and the donning of a
    hood (Mar. 28, 2012, p. _). In the 96th Congress the Speaker announced
    that he considered as proper the customary and traditional attire for
    Members, including a coat and tie for male Members and appropriate
    attire for female Members (where thermostat controls had been raised in
    the summer to conserve energy); the House then adopted a resolution,
    offered as a question of the privileges of the House, requiring Members
    to wear proper attire as determined by the Speaker, and denying
    noncomplying Members the privilege of the floor (July 17, 1979, pp.
    19008, 19073). In the 106th, 109th, 112th, 113th, and 114th Congresses
    Members were reminded of the need to be in proper attire in the Chamber
    (June 28, 2000, p. 12654; June 20,

    [[Page 773]]

    2006, p. 11895; Speaker Boehner, Jan. 23, 2012, p. _; Speaker Boehner,
    Feb. 26, 2013, p. _; July 31, 2013, p. _; Speaker Boehner, Mar. 25,
    2014, p. _; Speaker Boehner, Feb. 25, 2015, p. _), and the Chair has so
    admonished a Member speaking in debate without a jacket (Apr. 3, 2001,
    p. 5361) and has withdrawn recognition of a Member not wearing proper
    attire (Mar. 28, 2012, p. _). The donning of a distinctive uniform of
    another occupation is not proper (Oct. 20, 2009, p. 25164). In the 97th
    Congress, the Speaker announced during a vote by electronic device that
    Members were not permitted under the traditions of the House to wear
    overcoats on the House floor (Dec. 16, 1981, p. 31847).
      Pursuant to the modification of this clause in the 112th Congress, the
    Speaker has announced that mobile electronic devices that impair decorum
    include wireless telephones and personal computers, but that electronic
    tablet devices may be used unobtrusively in the Chamber (Speaker
    Boehner, Jan. 5, 2011, p. 106), although no device may be used for still
    photography or for audio or video recording (Speaker Boehner, Jan. 5,
    2011, p. 106; Speaker Boehner, Feb. 25, 2015, p. _). The display of an
    image on an electronic device while not under recognition impairs
    decorum (Mar. 13, 2014, p. _). The Chair has also announced that Members
    should disable wireless telephones on entering the Chamber (e.g., June
    12, 2000, p. 10369).
      Smoking is not permitted in the Hall during sessions of the House
    (Oct. 15, 1990, p. 29248), nor during sittings of the Committee of the
    Whole (Aug. 14, 1986, p. 21707); and the prohibition extends to smoking
    behind the rail (Feb. 23, 1995, p. 5640).
      On the opening day of the 101st Congress, the Speaker prefaced his
    customary announcement of policies concerning such aspects of the
    legislative process as recognition for unanimous-consent requests and
    privileges of the floor with a general statement concerning decorum in
    the House, including particular adjurations against engaging in
    personalities, addressing remarks to spectators, and passing in front of
    the Member addressing the Chair (Jan. 3, 1989, p. 88; see also Jan. 5,
    1993, p. 105; Jan. 4, 1995, p. 551). The Chair has announced: (1) that
    Members should not traffic, or linger in, the well of the House while
    another Member is speaking (Feb. 3, 1995, p. 3541; Mar. 3, 1995, p.
    6721; Dec. 15, 1995, p. 37111; Speaker Boehner, Jan. 23, 2012, p. _),
    including Members who may have been invited to the well by the Member
    speaking (June 12, 2003, p. 14627); (2) that Members should not engage
    in disruption while another Member is speaking (Dec. 20, 1995, p.
    37878), including shouting interjections during debate (Feb. 28, 1995,
    p. 6259; Feb. 13, 2009, p. 4136; Nov. 7, 2009, p. 27447; Oct. 11, 2011,
    p. _). Under this provision the Chair may require a line of Members
    waiting to sign a discharge petition to proceed to the rostrum from the
    far right-hand aisle and require the line not to stand between the Chair
    and Members engaging in debate (Oct. 24, 1997, p. 23293).

    [[Page 774]]

      Hissing and jeering is not proper decorum in the House (May 21, 1998,
    p. 10282).
      A former Member must observe proper decorum under this clause, and the
    Chair may direct the Sergeant-at-Arms to assist the Chair in maintaining
    such decorum (Sept. 17, 1997, p. 19027). In the 105th Congress the House
    adopted a resolution offered as a question of the privileges of the
    House alleging indecorous behavior of a former Member and instructing
    the Sergeant-at-Arms to ban the former Member from the floor, and rooms
    leading thereto, until the resolution of a contested election to which
    he was party (H. Res. 233, Sept. 18, 1997, p. 19340).

    Exhibits
      6. <> When the use of an
    exhibit in debate is objected to by a Member, Delegate, or Resident
    Commissioner, the Chair, in the discretion of the Chair, may submit the
    question of its use to the House without debate.

      This provision was rewritten in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to address the use of exhibits in debate rather than the
    reading from papers. As rewritten in the 103d Congress, an objection to
    the use of an exhibit automatically triggered a vote by the House on its
    use. The clause was amended in the 107th Congress to give the Chair the
    discretion to submit the question of its use to the House (sec. 2(o), H.
    Res. 5, Jan. 3, 2001, p. 25). A gender-based reference was eliminated in
    the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former rule XXX (H. Res. 5, Jan. 6, 1999, p. 47).
      When the use of an exhibit in debate was objected to before the clause
    was rewritten in the 107th Congress, the Chair immediately put the
    question on whether use of the exhibit would be permitted (the Chair was
    not determining a breach of decorum under clause 2 of rule I) (Nov. 1,
    1995, p. 31154; Nov. 10, 1995, p. 20689; July 31, 1996, p. 20689). The
    Chair put the question without debate, and without requiring the
    objecting Member to state the basis for the objection (Nov. 10, 1995, p.
    20689). As such, an objection under this rule was not a point of order:
    it could have been resolved by withdrawal of the exhibit; that failing,
    it amounted to a demand that the Chair put to the House the question
    whether the exhibit may be used (July 31, 1996, p. 20700).
      It is not a proper parliamentary inquiry to ask the Chair to judge the
    accuracy or authenticity of the content of an exhibit (Nov. 10, 1995, p.
    32142; July 11, 2001, p. 12977). The Chair has held that a second
    virtually consecutive invocation of this provision, resulting in a
    second pair of votes on use of a chart and on reconsideration thereof,
    was not dilatory under former clause 10 of rule XVI (current clause 1 of
    rule XVI) or former clause

    [[Page 775]]

    4(b) of rule XI (current clause 6(b) of rule XIII) (July 31, 1996, p.
    20700). It is not in order to request that the voting display be turned
    on during debate as an exhibit to accompany a Member's debate (Oct. 12,
    1998, p. 25770). A Member under recognition to notice a question of the
    privileges of the House is not recognized for debate and thus may not
    display an exhibit (Mar. 13, 2014, p. _). For a discussion of the
    Speaker's responsibility to preserve decorum that may require the
    disallowance of exhibits in debate that would be demeaning to the House,
    or to any Member of the House, or that would be disruptive of the
    decorum thereof, see Sec. 622, supra.
      The earlier <> form of the rule (formerly rule XXX), originally adopted in
    1794 and amended in 1802 and 1880 (V, 5257), addressed reading from
    papers. It recognized the right of a Member under the general
    parliamentary law to have read the paper on which the House is to vote
    (V, 5258), but when that paper had been read once, the reading could not
    be repeated unless by order of the House (V, 5260). The right could be
    abrogated by suspension of the rules (V, 5278-5284; VIII, 3400); but was
    not abrogated simply by the fact that the current procedure was taking
    place under the rule for suspension (V, 5273-5277). On a motion to refer
    a report, the reading of it could be demanded as a matter of right, but
    the latest ruling left to the House to determine whether or not an
    accompanying record of testimony should be read (V, 5261, 5262). In
    general the reading of a report was held to be in the nature of debate
    (V, 5292); but where a report presented facts and conclusions but no
    legislative proposition, it was read if submitted for action (IV, 4663).
    Where a paper is offered as involving a matter of privilege it may be
    read to the House (III, 2597; VI, 606; VIII, 2599), rather than by the
    Speaker privately (III, 2546), but a Member may not, as a matter of
    right, require the reading of a book or paper on suggestion that it
    contains matter infringing on the privileges of the House (V, 5258).
      The former rule XXX prohibiting the reading of papers in debate was
    held to apply to the exhibition of articles as evidence or in
    exemplification in debate (VIII, 2452, 2453; June 2, 1937, p. 6104; Aug.
    5, 1949, p. 10859), and the new form of the rule adopted in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49) marks the modern relevance of
    that application. Although Members may use exhibits such as charts
    during debate subject to this rule, the Speaker may, pursuant to the
    authority to preserve order and decorum under rule I (see Sec. 622,
    supra), direct the removal from the well of the House of a chart that is
    not being utilized during debate (Apr. 1, 1982, p. 6304), or that is
    otherwise disruptive of decorum.
      The reading <> of papers other than
    those on which the vote was about to be taken was usually permitted
    without question (V, 5258). However, this privilege was subject to the
    authority of the House if another Member objected (V, 5285-5291; VIII,
    2597, 2602; Dec. 19, 1974, p. 41425; Dec. 10, 1987, p. 34669). This
    principle

    [[Page 776]]

    applied even to the Member's own written speech (V, 5258; VIII, 2598),
    to a report that the Member proposed to have read in his or her own time
    or to read in his or her place (V, 5293), and to excerpts from the
    Congressional Record (VIII, 2597). After the previous question was
    ordered, a Member could not ask the decision of the House on a request
    for the reading of a paper not before the House for action (V, 5296),
    even though it be the report of the committee (V, 5294, 5295). For
    further discussion, see Sec. Sec. 432-436, supra. Pursuant to the former
    form of this rule, the consent of the House for a Member to read a paper
    in debate only permitted the Member seeking such permission to read as
    much of the paper as possible in the time yielded or allotted to that
    Member, and did not necessarily grant permission to read or to insert
    the entire document (Mar. 1, 1979, p. 3748). Where a Member objected to
    another's reading from a paper, the Chair put the question without
    debate. It was not in order under the guise of parliamentary inquiry to
    debate that question by indicating that the objection was a dilatory
    tactic (Dec. 10, 1987, p. 34672).

    Galleries
      7. <> During a
    session of the House, it shall not be in order for a Member, Delegate,
    or Resident Commissioner to introduce to or to bring to the attention of
    the House an occupant in the galleries of the House. The Speaker may not
    entertain a request for the suspension of this rule by unanimous consent
    or otherwise.

      This clause was adopted April 10, 1933 (VI, 197). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 8 of rule XIV (H. Res. 5, Jan. 6, 1999, p. 47). The Chair
    takes the initiative to enforce this clause (Deschler-Brown, ch. 29,
    Sec. Sec. 45.4, 45.7).

    Congressional Record
      8. (a) <> The
    Congressional Record shall be a substantially verbatim account of
    remarks made during the proceedings of the House, subject only to
    technical, grammatical, and typographical corrections authorized by the
    Member, Delegate, or Resident Commissioner making the remarks.

    [[Page 777]]

      (b) Unparliamentary remarks may be deleted only by permission or order
    of the House.
      (c) <> This clause establishes a
    standard of conduct within the meaning of clause 3(a)(2) of rule XI.

      This clause was adopted in the 104th Congress (sec. 213, H. Res. 6,
    Jan. 4, 1995, p. 468). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 9 of rule XIV
    (H. Res. 5, Jan. 6, 1999, p. 47). Under paragraph (a) a unanimous-
    consent request to revise and extend remarks permits a Member (1) to
    make technical, grammatical, and typographical corrections to remarks
    uttered and (2) to include in the Record additional remarks not uttered
    to appear in a distinctive typeface; however, such a unanimous-consent
    request does not permit a Member to remove remarks actually uttered
    (Jan. 4, 1995, p. 541). For example, remarks held irrelevant by the
    Chair may be removed from the Record by unanimous consent only (Mar. 20,
    2002, p. 3663). Remarks uttered while not under recognition (such as
    when a Member fails to heed the gavel at the expiration of debate time
    or when a Member attempts to interject remarks in debate where the
    Member under recognition has refused to yield) do not appear in the
    Record (e.g., May 22, 2003, p. 12965; Oct. 2, 2003, p. 23950; May 19,
    2004, pp. 10107, 10108; Feb. 15, 2012, p. _). Paragraph (a) also applies
    to statements and rulings of the Chair (Jan. 20, 1995, p. 1866). For a
    discussion of rules relating to the Congressional Record, see
    Sec. Sec. 685-692, supra.

    Secret sessions
      9. <> When confidential
    communications are received from the President, or when the Speaker or a
    Member, Delegate, or Resident Commissioner informs the House that such
    individual has communications that such individual believes ought to be
    kept secret for the present, the House shall be cleared of all persons
    except the Members, Delegates, Resident Commissioner, and officers of
    the House for the reading of such communications, and debates and
    proceedings thereon, unless otherwise ordered by the House.

    [[Page 778]]

      This provision (formerly rule XXIX), in a somewhat different form, was
    adopted in 1792, although secret sessions had been held by the House
    before that date. They continued to be held at times with considerable
    frequency until 1830. In 1880, at the time of the general revision of
    the rules, the House concluded to retain the rule, although it had been
    long in disuse (V, 7247; VI, 434). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7). Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXIX (H. Res. 5, Jan. 6, 1999, p.
    47).
      The two Houses have legislated in secret session, transmitting their
    messages also in secrecy (V, 7250); but the House has declined to be
    bound to secrecy by act of the Senate (V, 7249). Motions to remove the
    injunction of secrecy should be made with closed doors (V, 7254). In
    1843 a confidential message from the President was referred without
    reading; but no motion was made for a secret session (V, 7255).
      The House and not the Committee of the Whole determines whether the
    Committee may sit in executive session, and an inquiry relative to
    whether the Committee of the Whole should sit in secret session is
    properly addressed to the Speaker and not to the chair of the Committee
    of the Whole (May 9, 1950, p. 6746; June 6, 1978, p. 16376; June 20,
    1979, p. 15710). A Member seeking to offer the motion that the House
    resolve itself into secret session must qualify, as provided by the
    rule, by asserting that the Member has a secret communication to make to
    the House (June 6, 1978, p. 16376). A motion having been defeated, a
    Member may offer a second motion on the same legislative day if having
    additional communications to make (May 10, 2007, p. 12114, 12177). The
    motion for a secret session is not debatable (June 20, 1979, p. 15711;
    Mar. 31, 1998, p. 5229; Sept. 26, 2006, p. 19781) but is subject to the
    motion to lay on the table (May 10, 2007, p. 12177).
      The following procedures apply during a secret session. The Member who
    offers the motion may be recognized for one hour of debate after the
    House resolves into secret session, and the normal rules of debate,
    including the principle that no motions would be in order unless the
    manager yields for that purpose, apply. The Speaker having found that a
    Member has qualified to make the motion for a secret session, having
    confidential communications to make, no point of order lies that the
    material in question must be submitted to the Members to make that
    determination (the motion for a secret session having been adopted by
    the House). No point of order lies in secret session that employees
    designated by the Speaker as essential to the proceedings, who have
    signed an oath of secrecy, may not be present. A motion in secret
    session to make public the proceedings therein is debatable for one
    hour, within narrow limits of relevancy. At the conclusion of debate in
    secret session, a Member may be recognized to offer a motion that the
    session be dissolved (July 17, 1979, pp. 19057-59).

    [[Page 779]]

      Where the House has concluded a secret session and has not voted to
    release the transcripts of that session, the injunction of secrecy
    remains and the Speaker may informally refer the transcripts to
    appropriate committees for their evaluation and report to the House as
    to ultimate disposition to be made (June 20, 1979, pp. 15711-13). The
    House may subsequently by unanimous consent order printed in the
    Congressional Record such proceedings, with appropriate deletions and
    revisions agreeable to the committees (July 17, 1979, p. 19049).
      On June 20, 1979, the House adopted by voice vote a motion that the
    House resolve itself into secret session pursuant to this rule (the
    first such occasion since 1830), where the Member offering the motion
    had assured the Speaker that he had confidential communications to make
    to the House as required by the rule (pp. 15711-13). The Speaker pro
    tempore announced on that occasion before the commencement of the secret
    session that the galleries would be cleared of all persons, that the
    Chamber would be cleared of all persons except Members and those
    officers and employees specified by the Speaker whose attendance was
    essential to the functioning of the secret session, who would be
    required to sign an oath of secrecy, and that all proceedings in the
    secret session must be kept secret until otherwise ordered by the House
    (June 20, 1979, pp. 15711-13).
      On March 13, 2008, the House by unanimous consent authorized the Chair
    to resolve the House into secret session pursuant to this rule, that
    debate therein proceed without intervening motion for one hour equally
    divided and controlled by the Majority Leader and the Minority Whip, and
    that at the conclusion of debate the secret session be dissolved and the
    House stand adjourned (p. 4145). Before commencement of that secret
    session, the Speaker pro tempore (1) read to the House the contents of
    clause 9; (2) announced a recess to clear the galleries and floor of all
    persons except Members and necessary staff, to permit staff to sign a
    notarized oath of secrecy, and to conduct a security sweep of the
    Chamber; (3) reminded Members of clause 13 of the Code of Official
    Conduct; (4) announced that all proceedings in secret session would
    remain secret unless otherwise ordered by the House; (5) announced that
    three bells would be rung approximately 15 minutes before the House
    reconvened for the secret session (Mar. 13, 2008, pp. 4154, 4155).
      The House conducted a secret session in the 96th Congress to receive
    confidential communications consisting of classified information in the
    possession of the Committee on Foreign Affairs and the Permanent Select
    Committee on Intelligence, which those committees had authorized to be
    used in a secret session of the House if ordered. On that occasion the
    Speaker overruled a point of order against the motion for a secret
    session because the Speaker must rely on the assurance of a Member
    claiming to have confidential communications to make to the House, and
    because the Speaker was aware that the committee with possession of the
    materials had authorized those materials to be used in a secret session
    (Feb. 25, 1980, p. 3618). Another secret session was held in the 98th
    Congress pending

    [[Page 780]]

    consideration of a bill amending the Intelligence Authorization Act to
    prohibit United States support for military or paramilitary operations
    in Nicaragua (July 19, 1983, p. 19776).
      Under the authority in clause 3 of rule I, the Speaker may convene a
    classified briefing for Members on the House floor when the House is not
    in session (e.g., Mar. 18, 1999, p. 4863).

     end segment .010  deg. segment .011 -- rule XVIII
    through XXI  deg.

                                   Rule XVIII

           the committee of the whole house on the state of the union

    Resolving into the Committee of the Whole
      1. <> Whenever the House resolves into the
    Committee of the Whole House on the state of the Union, the Speaker
    shall leave the chair after appointing a Member as Chair to preside. In
    case of disturbance or disorderly conduct in the galleries or lobby, the
    Chair may cause the same to be cleared.

      This provision (formerly clause 1(a) of rule XXIII), adopted in 1880,
    was made from two older rules dating from 1789 and modified in 1794 to
    provide for the appointment of the Chair instead of the inconvenient
    method of election by the Committee (IV, 4704). It was amended in the
    103d Congress to permit Delegates and the Resident Commissioner to
    preside in the Committee of the Whole (H. Res. 5, Jan. 5, 1993, p. 49).
    That authority was repealed in the 104th Congress (sec. 212(b), H. Res.
    6, Jan. 4, 1995, p. 468), reinstated in the 110th Congress (H. Res. 78,
    Jan. 24, 2007, p. 2140), and repealed in the 112th Congress (sec.
    2(e)(4), H. Res. 5, Jan. 5, 2011, p. 80). A Delegate first presided
    under the former authority on October 6, 1994 (p. 28533). Gender-based
    references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1(a) of rule XXIII
    (H. Res. 5, Jan. 6, 1999, p. 47).
      The <> Sergeant-at-Arms attends the sittings of the Committee of the
    Whole and, under direction of the Chair, maintains order (I, 257). After
    repeated disturbances in the gallery, the Chair warned its occupants of
    possible prosecution (under 40 U.S.C. 5104) and, in response to a
    parliamentary inquiry, affirmed his authority to have the gallery
    cleared (Apr. 15, 2011, p. 6296). The Chair recognizes for debate (V,
    5003).

    [[Page 781]]

    Like the Speaker, the Chair is forbidden to recognize for requests to
    suspend the rule of admission to the floor (V, 7285).
      The Chair decides questions of order arising in the Committee
    independently of the Speaker (V, 6927, 6928) but has declined to
    consider a question that had arisen in the House just before the
    Committee began to sit (IV, 4725, 4726) or a question that may arise in
    the House in the future (June 21, 1995, p. 16682). For example, the
    Chair does not respond to a parliamentary inquiry relating to possible
    proceedings in the House on a motion to recommit (Feb. 27, 2002, p.
    2079). The Chair does not take cognizance of a ``point of order''
    against the legislative schedule, its announcement being the prerogative
    of the Leadership (Nov. 10, 1999, p. 29537).
      Decisions of the Chair on questions of order may be appealed. In
    stating the appeal the question is put as in the House: ``Shall the
    decision of the Chair stand as the judgment of the Committee?'' The
    Committee of the Whole may not postpone a vote on an appeal of a ruling
    of the Chair (even by unanimous consent); and an appeal of a ruling of
    the Chair may be withdrawn in the Committee of the Whole as a matter of
    right (June 8, 2000, p. 9954). An appeal is debatable in the Committee
    of the Whole under the five-minute rule (June 24, 2003, pp. 15854-56). A
    majority vote sustains the ruling (Aug. 1, 1989, p. 17159).
      The Chair may direct the Committee to rise when the hour previously
    fixed for adjournment of the House arrives, or when the hour previously
    fixed by the House for consideration of other business arrives, in which
    case the Chair reports in the regular way (IV, 4785; VIII, 2376; Aug.
    22, 1974, p. 30077). However, if the Committee happens to be in session
    at the hour fixed for the meeting of the House on a new legislative day,
    it rests with the Committee and not with the Chair to determine whether
    or not the Committee shall rise (V, 6736, 6737). The Chair may declare
    an emergency recess under clause 12 of rule I. In rare cases wherein the
    Chair has been defied or insulted, the Chair has directed the Committee
    to rise, left the chair and, on the chair being taken by the Speaker,
    has reported the facts to the House (II, 1350, 1651, 1653).
      Although the Committee of the Whole does not control the Congressional
    Record, the Chair may direct the exclusion of disorderly words spoken by
    a Member after having been called to order (V, 6987), but may not
    determine the privileges of a Member under general ``leave to print''
    (V, 6988). Although arguments on a point of order may not be revised,
    extended, or inserted, the Committee of the Whole by unanimous consent
    has allowed a Member to insert remarks about a point of order to follow
    the ruling thereon (July 13, 2000, p. 14095).

    [[Page 782]]

      2. (a) <> Except as provided in paragraph (b)
    and in clause 6 of rule XV, the House resolves into the Committee of the
    Whole House on the state of the Union by motion. When such a motion is
    entertained, the Speaker shall put the question without debate: ``Shall
    the House resolve itself into the Committee of the Whole House on the
    state of the Union for consideration of this matter?'', naming it.
      (b) After the House has adopted a resolution reported by the Committee
    on Rules providing a special order of business for the consideration of
    a measure in the Committee of the Whole House on the state of the Union,
    the Speaker may at any time, when no question is pending before the
    House, declare the House resolved into the Committee of the Whole for
    the consideration of that measure without intervening motion, unless the
    special order of business provides otherwise.

      Paragraph (a) was adopted when the House recodified its rules in the
    106th Congress to codify the form of the motion to resolve into the
    Committee of the Whole (H. Res. 5, Jan. 6, 1999, p. 47). A conforming
    change to paragraph (a) was effected in the 109th Congress (sec. 2(f),
    H. Res. 5, Jan. 4, 2005, p. 43). Paragraph (b) was added in the 98th
    Congress (H. Res. 5, Jan. 3, 1983, p. 34). Before the House recodified
    its rules in the 106th Congress, paragraph (b) was found in former
    clause 1(b) of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 783]]

    Measures requiring initial consideration in the Committee of the Whole
      3. <> All public bills, resolutions, or Senate amendments (as
    provided in clause 3 of rule XXII) involving a tax or charge on the
    people, raising revenue, directly or indirectly making appropriations of
    money or property or requiring such appropriations to be made,
    authorizing payments out of appropriations already made, releasing any
    liability to the United States for money or property, or referring a
    claim to the Court of Claims, shall be first considered in the Committee
    of the Whole House on the state of the Union. A bill, resolution, or
    Senate amendment that fails to comply with this clause is subject to a
    point of order against its consideration.

      The first form of this rule was adopted in 1794 and was perfected by
    amendments in 1874 and 1896 (IV, 4792). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 3
    of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47). A technical correction
    to this clause was effected in the 108th Congress (sec. 2(u), H. Res. 5,
    Jan. 7, 2003, p. 7).
      To require consideration in Committee of the Whole, a bill must show
    on its face that it falls within the requirements of the rule (IV, 4811-
    4817; VIII, 2391). If the expenditure is a mere matter of speculation
    (IV, 4818-4821; VIII, 2388), or if the bill might involve a charge but
    does not necessarily do so (IV, 4809, 4810), the rule does not apply.
    However, if a bill sets in motion a train of circumstances destined
    ultimately to involve certain expenditures, it must be considered in
    Committee of the Whole (IV, 4827; VIII, 2399), as must bills ultimately
    authorizing officials in certain contingencies to part with property
    belonging to the United States (VIII, 2399). In passing upon the
    question as to whether a proposition involves a charge upon the
    Treasury, the Speaker is confined to the provisions of the text and may
    not take into consideration personal knowledge not directly deducible
    therefrom (VIII, 2386, 2391). The requirements of the rule apply to
    amendments as well as to bills (IV, 4793, 4794; VIII, 2331), and also to
    any portion of a bill requiring an appropriation, even though it be
    merely incidental to the bill's main purpose (IV, 4825).

    [[Page 784]]

      The House may consider in Committee of the Whole subjects not
    specified in the rule (IV, 4822); for example, major amendments to the
    Rules of the House have been considered in Committee of the Whole
    pursuant to special orders (H. Res. 988, Committee Reform Amendments of
    1974, considered in Committee of the Whole pursuant to H. Res. 1395,
    Sept. 30, 1974, p. 32953; H.R. 17654, Legislative Reorganization Act of
    1970, considered in Committee of the Whole pursuant to H. Res. 1093,
    July 13, 1970, p. 23901). Although conference reports were formerly
    considered in Committee of the Whole, they may not be sent there as a
    result of a point of order that they contain matter ordinarily requiring
    consideration therein (V, 6559-6561).
      When a bill is granted a special order for its consideration in the
    House by special rule (IV, 3216-3224) or by unanimous consent (IV, 4823;
    VIII, 2393), the effect is to discharge the Committee of the Whole. If
    the special order so dictates, the bill is before the full House for
    consideration (IV, 3216; VII, 788). Otherwise, the bill is considered in
    the House as in the Committee of the Whole (VIII, 2393). In the modern
    practice of the House, a special order reported from the Committee on
    Rules that makes in order no amendments, or only one amendment, normally
    provides for consideration of a measure on the Union Calendar in the
    House (see, e.g., Apr. 26, 2001, p. 6299).
      When a bill once considered in Committee of the Whole is recommitted,
    it is not, when again reported, necessarily subject to the point of
    order that it must be considered in Committee of the Whole (IV, 4828,
    4829; V, 5545, 5546, 5591).
      Resolutions reported by the Committee on House Administration
    appropriating from the contingent fund (now referred to as ``applicable
    accounts of the House described in clause 1(k)(1) of rule X'') of the
    House are considered in the House (VIII, 2415, 2416). Authorizations of
    expenditures from the contingent fund, under the later ruling (IV, 4862-
    4867), do not fall within the specifications of the rule (IV, 4868). A
    bill providing for an expenditure that is to be borne other than by the
    Government (IV, 4831; VIII, 2400), or relating to money held in the
    Treasury in trust for a nongovernmental entity (IV, 4835, 4836, 4853;
    VIII, 2413), is not governed by the rule.
      Provisions placing liability jointly on the United States and the
    District of Columbia (IV, 4833), granting an easement on public lands or
    streets belonging to the United States (IV, 4840-4842), dedicating
    public land to be forever used as a public park (IV, 4837, 4838),
    providing site for a statue (VIII, 2405), confirming grants of public
    lands (IV, 4843) and creating new offices (IV, 4824, 4846), have been
    held to require consideration in Committee of the Whole. Indian lands
    have not been considered property of the Government within the meaning
    of the rule (IV, 4844, 4845; VIII, 2413). Although a bill removing the
    rate of postage has been held to be within the rule as affecting
    revenues (IV, 4861), a bill relating to taxes on bank circulation have
    not been so considered (IV, 4854, 4855).

    [[Page 785]]

    Order of business
      4. (a) <> Subject to subparagraph (b) business on the calendar of the
    Committee of the Whole House on the state of the Union may be taken up
    in regular order, or in such order as the Committee may determine,
    unless the measure to be considered was determined by the House at the
    time of resolving into the Committee of the Whole.
      (b) Motions to resolve into the Committee of the Whole for
    consideration of bills and joint resolutions making general
    appropriations have precedence under this clause.

      The early practice left the order of taking up bills to be determined
    entirely by the Committee, but in 1844 the House began by rule to
    regulate the order, and in 1880 adopted the present rule (IV, 4729).
    When the House recodified its rules in the 106th Congress, this
    provision was transferred from former clause 4 of rule XXIII (H. Res. 5,
    Jan. 6, 1999, p. 47). At that time references in this provision to
    revenue bills and rivers and harbors bills were deleted to conform to
    changes made to the rules by the Committee Reform Amendments of 1974 (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), which revoked the
    privilege to report such bills at any time.
      The power of the Committee to determine the order of considering bills
    on its calendar is construed to authorize a motion to establish an order
    (IV, 4730) or a motion to take up a specified bill out of its order (IV,
    4731, 4732; VIII, 2333). Except in cases in which the rules make
    specific provisions therefor, a motion is not in order in the House to
    fix the order in which business on the calendars of the Committee of the
    Whole shall be taken up (IV, 4733). The Committee of the Whole having
    voted to consider a particular bill, and consideration having begun, a
    motion to reconsider or change that vote is not in order (IV, 4765).
    When there is unfinished business in Committee of the Whole, it is
    usually first in order (IV, 4735; VIII, 2334). An amendment pending when
    the Committee rises remains pending when the Committee next considers
    that measure (July 27, 2011, p. 12252).

    [[Page 786]]

    Reading for amendment-
      5. (a) <> Before general debate commences on a
    measure in the Committee of the Whole House on the state of the Union,
    it shall be read in full. When general debate is concluded or closed by
    order of the House, the measure under consideration shall be read for
    amendment. A Member, Delegate, or Resident Commissioner who offers an
    amendment shall be allowed five minutes to explain it, after which the
    Member, Delegate, or Resident Commissioner who shall first obtain the
    floor shall be allowed five minutes to speak in opposition to it. There
    shall be no further debate thereon, but the same privilege of debate
    shall be allowed in favor of and against any amendment that may be
    offered to an amendment. An amendment, or an amendment to an amendment,
    may be withdrawn by its proponent only by the unanimous consent of the
    Committee of the Whole.
      (b) When a Member, Delegate, or Resident Commissioner offers an
    amendment in the Committee of the Whole House on the state of the Union,
    the Clerk shall promptly transmit five copies of the amendment to the
    majority committee table and five copies to the minority committee
    table. The Clerk also shall deliver at least one copy of the amendment
    to the majority cloakroom and at least one copy to the minority
    cloakroom.

      A rule of 1789 provided that bills should be read and debated in
    Committee of the Whole and in the House by clauses. Although that rule
    has

    [[Page 787]]

    disappeared, the practice continues in Committee of the Whole but not in
    the House. Originally there was unlimited debate in Committee of the
    Whole both as to the bill generally and also as to any amendment.
    However, in 1841 the rule that no Member should speak more than an hour
    was applied both to the Committee of the Whole and to the House. At the
    same time another rule was adopted to prevent indefinite prolongation of
    debate in Committee of the Whole by permitting the House by majority
    vote to order the discharge of the Committee of the Whole from the
    consideration of a bill after acting, without debate, on pending
    amendments and any other amendments that might be offered. The effect of
    this was to empower the House to close general debate at any time after
    it had actually begun in the Committee and thereby require amendments to
    be voted on without debate. In 1847 a rule provided that any Member
    proposing an amendment should have five minutes in which to explain it,
    and in 1850 an amendment to the rule also permitted five minutes in
    opposition and guarded against abuse by forbidding the withdrawal of an
    amendment once offered (V, 5221). Paragraph (b), placing the
    responsibility for providing copies of amendments on the Clerk, was part
    of the Legislative Reorganization Act of 1970 (sec. 124; 84 Stat. 1140)
    and was added to the rule in the 92d Congress (H. Res. 5, Jan. 22, 1971,
    p. 144). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 5(a) of rule XXIII (H. Res. 5,
    Jan. 6, 1999, p. 47). The recodification also conformed paragraph (a) to
    the recodified clause 8 of rule XVI to reflect the modern practice of
    first and second readings (H. Res. 5, Jan. 6, 1999, p. 47).
      General debate must close before amendments, or motions for
    disposition of the bill, may be offered (IV, 4744, 4778; V, 5221).
    General debate is closed by the fact that no Member desires to
    participate further (IV, 4745). If no member of a committee designated
    to control time is present at the appropriate time during general debate
    in Committee of the Whole, the Chair may presume the time to have been
    yielded back (June 11, 1984, p. 15744). Time unused by a minority
    manager in general debate will be considered as yielded back upon
    recognition of the majority manager to close general debate (Feb. 27,
    2002, p. 2059). In the 104th Congress the Speaker announced his
    intention to strictly enforce time limitations on debate (Jan. 4, 1995,
    p. 457). The Chair manages the sequence in which committees use their
    time for general debate under a special rule as a matter of recognition
    and may recognize any member of the committee who is filling the role of
    chair or ranking minority member under the governing special rule (Mar.
    9, 2005, pp. 3928, 3932). For a further discussion of management of time
    for general debate and debate on amendments in the Committee of the
    Whole, see Sec. 959, supra.
      A simple motion to rise is in order during general debate if offered
    by a Member managing time or a Member to whom a manager yields for that
    purpose (June 10, 1999, p. 12522; Sept. 4, 2003, p. 21155, p. 21157, p.
    21158). However, a Member may not, in time yielded for general debate,

    [[Page 788]]

    move that the Committee rise (May 25, 1967, p. 14121) or further yield
    to another for such motion (Feb. 22, 1950, p. 2178; May 17, 2000, p.
    8200).
      The motion <> to close general debate in Committee of the
    Whole, successor in practice to the motion to discharge provided by the
    rule of 1841, is made in the House pending the motion that the House
    resolve itself into Committee, and not after the House has voted to go
    into Committee (V, 5208). Though the motion is not debatable, the
    previous question is sometimes ordered on it to prevent amendment (V,
    5203). If the previous question is ordered, the 40 minutes of debate
    under clause 1(a) of rule XIX (formerly clause 2 of rule XXVII) are not
    allowed (VIII, 2555, 2690). General debate must have already begun in
    Committee of the Whole before the motion to limit debate it is in order
    in the House (V, 5204-5206). The motion may not apply to a series of
    bills (V, 5209) and must be offered to apply to the whole and not to a
    part of a bill (V, 5207). A proposition for a division of time may not
    be made as a part of it (V, 5210, 5211). The motion may not be made in
    Committee of the Whole (V, 5217; VIII, 2548); but, in the absence of an
    order by the House, the Committee of the Whole may by unanimous consent
    determine general debate (V, 5232; VIII, 2553). If the House has fixed
    the time, the Committee may not, even by unanimous consent, extend it
    (V, 5212-5216; VIII, 2321, 2550; Mar. 27, 1984, p. 6599; June 17, 1999,
    pp. 13437, 13442).-
      The <> second reading was originally instituted by the rule of 1789 and
    has continued, although the rule was eliminated, undoubtedly by
    inadvertence, in the codification of 1880 (V, 5221). The recodification
    of the 106th Congress conformed paragraph (a) to reflect the modern
    practice of first and second readings (H. Res. 5, Jan. 6, 1999, p. 47).
      Revenue, general appropriation, lighthouse, and river and harbor bills
    are generally read by paragraphs. Other bills are read by sections (IV,
    4738, 4740). Absent an order of the House to the contrary, the matter is
    in the discretion of the Chair (VIII, 2341, 2344, 2346), although the
    Committee of the Whole has overruled a decision (VIII, 2347). A Senate
    amendment, however, is read in its entirety, and not by paragraphs or
    sections (V, 6194). An amendment in the nature of a substitute offered
    from the floor also must be read in its entirety and is then open to
    amendment at any point. If a special order of business provides that an
    amendment inserting a provision in a bill be considered as adopted in
    the House and in the Committee of the Whole, the text thereby inserted
    in the bill is not read for amendment in the Committee of the Whole (May
    23, 2002, pp. 8923, 8924).
      A bill (or the remainder of a bill) may be considered as having been
    read and open to amendment by unanimous consent but not by motion (June
    18, 1976, p. 19296). A unanimous-consent request in Committee of the
    Whole that an amendment in the nature of a substitute offered from the
    floor be read for amendment by sections is not in order (Mar. 25, 1975,

    [[Page 789]]

    p. 8490). The chair of the Committee of the Whole normally looks to the
    manager of a general appropriation bill for any request to accelerate
    the reading by paragraph, although the Chair may recognize a Member
    seeking unanimous consent to offer an amendment to a portion of a bill
    not yet read (July 26, 2001, p. 14733).
      To a bill read by paragraph, a motion to strike an entire title,
    encompassing multiple paragraphs, is not in order (Aug. 5, 1998, p.
    18928; Apr. 29, 2015, p. _ ). If a bill is considered as read and open
    to amendment at any point, adoption of an amendment adding a new section
    at the end of the bill does not preclude subsequent amendments to
    previous sections of the bill (Apr. 17, 1986, p. 7861). If a bill is
    considered by title, the adoption of an amendment inserting a new title
    precludes subsequent amendment to the previous title (Sept. 14, 2005, p.
    20220; see also Deschler-Brown, ch. 27, Sec. 10.13).
      When a paragraph or section has been passed, it is not in order to
    return thereto (IV, 4742, 4743) except by unanimous consent (IV, 4746,
    4747; Deschler, ch. 26, Sec. 2.26) or when, the reading of the bill
    being concluded and a motion to rise being decided in the negative, the
    Committee on motion votes to return (IV, 4748). By unanimous consent,
    the Committee of the Whole permitted a Member to withdraw an amendment
    and to reserve her right to reoffer it at a later time, even though that
    portion of the bill would have been passed in the reading (June 28,
    2001, p. 12262). The Chair may direct a return to a section whereon, by
    error, no action was had on a pending amendment (IV, 4750).
      Points of order against a paragraph (or other portion of the bill then
    open to amendment) should be made before the next paragraph (or portion
    of the bill) is read or before an amendment is offered thereto (V, 6931;
    VIII, 2351; June 16, 2004, p. 12565). The paragraph or section having
    been read, and an amendment offered, the right to explain or oppose that
    amendment has precedence of a motion to amend the amendment (IV, 4751).
      The Member recognized during five-minute debate may not yield time (V,
    5035-5037; May 8, 1987, p. 11832; Dec. 10, 1987, p. 34686) unless
    remaining standing (June 10, 1998, p. 11976); must confine remarks to
    the subject (V, 5240-5256; VIII, 2591); may not yield to another Member
    to offer an amendment (Dec. 12, 14, 1973, pp. 41171, 41716; Sept. 8,
    1976, p. 29243; Mar. 7, 1995, p. 7107); or yield blocks of time (June
    14, 2006, p. 11199). If debate on an amendment is limited or allocated
    by special order to a proponent and an opponent, the Members controlling
    the debate may yield and reserve time, whereas debate time on amendments
    under the five-minute rule cannot be reserved (Aug. 1, 1990, p. 21425).
    A Member may extend beyond five minutes by unanimous consent (Feb. 1,
    2012, p. _). The offeror of an amendment is not recognized to commence
    debate under the five-minute rule during the pendency of a point of
    order against it (July 6, 2011, p. 10476). For a further discussion of
    management of

    [[Page 790]]

    time for debate on amendments in the Committee of the Whole, see
    Sec. 959, supra.
      Where the Chair recognizes the proponent of an amendment to propound a
    unanimous-consent request to modify the text of the amendment before
    commencing debate thereon, the Chair does not charge time consumed under
    a reservation of objection against the proponent's time for debate on
    the amendment (Feb. 3, 1993, p. 1978; May 27, 1993, p. 11931).
      The Chair endeavors to alternate recognition to offer amendments
    between majority and minority Members (giving priority to committee
    members) (July 20, 2000, p. 15735). Recognition of Members to offer
    amendments in the Committee of the Whole under the five-minute rule is
    within the discretion of the Chair and cannot be challenged on a point
    of order (Deschler-Brown, ch. 29, Sec. 9.6). The Chair does not
    anticipate the order in which amendments may be offered nor declare in
    advance the order in which Members proposing amendments will be
    recognized (Deschler-Brown, ch. 29, Sec. 21.3).
      The Committee of the Whole may not, even by unanimous consent,
    prohibit the offering of an amendment otherwise in order under the five-
    minute rule (July 31, 1984, p. 21701; Mar. 7, 1995, p. 11931). The fact
    that copies of an amendment have not been made available as required in
    this clause is not grounds for a point of order against the amendment
    (June 21, 1974, p. 20609; Mar. 25, 1976, p. 7997; June 1, 2011, p.
    8521). An amendment that has been disposed of in the Committee of the
    Whole may not be withdrawn (June 17, 2004, pp. 12944, 12945). Debate may
    continue, and the Chair puts the question, on an amendment
    notwithstanding the manager's ``acceptance'' of it (July 31, 2007, p.
    21953; June 14, 2011, p. 9179).-
      The pro <> forma amendment to ``strike the last word'' has long been used
    for purposes of debate or explanation where an actual amendment is not
    contemplated (V, 5778; VIII, 2591). Unless a special rule precludes any
    amendment except pro forma amendments for the purpose of debate, a pro
    forma amendment may be voted on unless withdrawn (VIII, 2874) but the
    Chair does not as a matter of course put the question on a pro forma
    amendment. A special rule that precludes amendments to an amendment also
    precludes pro forma amendments thereto (Aug. 1, 2001, p. 15559; July 21,
    2011, p. 11751). A Member who has occupied five minutes on a pro forma
    amendment to debate a pending substantive amendment may not lengthen
    this time by making another pro forma amendment (V, 5222; VIII, 2560),
    may not offer another pro forma amendment after intervening debate on a
    pending amendment or proposition, even on a subsequent day (July 14,
    1998, p. 15298; May 23, 2002, p. 8913 (see May 22, 2002, p. 8707)), and
    may not extend debate time by offering a substantive amendment while
    other Members are seeking recognition (July 28, 1965, p. 18631). A
    Member recognized to offer a pro forma amendment under the five-minute
    rule may not during that time offer a substantive amendment

    [[Page 791]]

    but must be separately recognized for that purpose (Nov. 19, 1987, p.
    32880). A Member may speak in opposition to a pending amendment and
    subsequently offer a pro forma amendment and debate that (June 30, 1955,
    p. 9614; Oct. 11, 2011, p. _); a Member may offer a second degree
    amendment and then offer a pro forma amendment to debate the underlying
    first-degree amendment (June 28, 1995, p. 17633); a Member who has
    debated a substantive amendment may thereafter rise in opposition to a
    pro forma amendment thereto (July 20, 1951, p. 8566); and a Member may
    offer a pro forma amendment each to a pending amendment and a second-
    degree amendment thereto (June 12, 2007, p. 15525; July 31, 2007, pp.
    21962, 21963), but not more than one (July 31, 2007, p. 21967). A Member
    who has offered a substantive amendment and then debated it for five
    minutes may not extend that time by offering a pro forma amendment,
    because it is not in order for the offeror of an amendment to amend his
    or her own amendment except by unanimous consent (Oct. 14, 1987, p.
    27898). A pro forma amendment may be offered after a substitute has been
    adopted and before the vote on the amendment, as amended, by unanimous
    consent only, because the amendment has been amended in its entirety and
    no further amendments, including pro forma amendments, are in order
    (Oct. 18, 1983, p. 28185; June 28, 1995, p. 17633). A Member recognized
    on a pro forma amendment may not allocate or reserve time, but may in
    yielding indicate to the Chair when the Member intends to reclaim time
    (May 19, 1987, p. 12811; July 13, 1994, p. 16438). The Chair endeavors
    to alternate recognition to offer pro forma amendments between majority
    and minority Members (giving priority to committee members) rather than
    between sides of the question (Mar. 21, 1994, p. 5730). A pro forma
    amendment may not be offered while a point of order is pending (Feb. 16,
    2011, p. 2174).

    Quorum and voting
      6. (a) <> A quorum of a Committee of the Whole House on the state of the
    Union is 100 Members. The first time that a Committee of the Whole finds
    itself without a quorum during a day, the Chair shall invoke the
    procedure for a quorum call set forth in clause 2 of rule XX, unless the
    Chair elects to invoke an alternate procedure set forth in clause 3 or
    clause 4(a) of rule XX. If a quorum appears, the Committee of the Whole
    shall continue its business. If a quorum does not appear, the Com

    [[Page 792]]

    mittee of the Whole shall rise, and the Chair shall report the names of
    absentees to the House.
      (b)(1) The Chair may refuse to entertain a point of order that a
    quorum is not present during general debate.
      (2) After a quorum has once been established on a day, the Chair may
    entertain a point of order that a quorum is not present only when the
    Committee of the Whole House on the state of the Union is operating
    under the five-minute rule and the Chair has put the pending proposition
    to a vote.
      (3) Upon sustaining a point of order that a quorum is not present, the
    Chair may announce that, following a regular quorum call under paragraph
    (a), the minimum time for electronic voting on the pending question
    shall be not less than two minutes.
      (c) When ordering a quorum call in the Committee of the Whole House on
    the state of the Union, the Chair may announce an intention to declare
    that a quorum is constituted at any time during the quorum call when the
    Chair determines that a quorum has appeared. If the Chair interrupts the
    quorum call by declaring that a quorum is constituted, proceedings under
    the quorum call shall be considered as vacated, and the Committee of the
    Whole shall continue its sitting and resume its business.
      (d) A quorum is not required in the Committee of the Whole House on
    the state of the Union for adoption of a motion that the Committee rise.

    [[Page 793]]

      It was the early practice for the Committee of the Whole to rise on
    finding itself without a quorum (IV, 2977), and it was not until 1847
    that a rule (formerly clause 2(a) of rule XXIII) was adopted. The rule
    was amended in 1880, again in 1890 (which included the concept that a
    quorum in the Committee should be 100 rather than a quorum of the House
    (IV, 2966)), and in 1971 (Jan. 22, 1971, p. 144). On October 13, 1972
    (H. Res. 1123, p. 36012) the rule was amended to reflect the
    installation of the electronic voting system in the House Chamber. The
    clause was amended in the 93d Congress to give the Chair discretion to
    vacate proceedings under the call when a quorum appears (H. Res. 998,
    Apr. 9, 1974, pp. 10195-99). In the 95th Congress the clause was
    substantially changed to allow quorum calls only under the five-minute
    rule where the Chair has put the question on a pending proposition,
    after a quorum of the Committee of the Whole has been once established
    on that day (H. Res. 5, Jan. 4, 1977, pp. 53-70). The clause was amended
    again in the 96th Congress to permit the Committee to continue its
    business following the appearance of a quorum so that the Speaker need
    not take the chair to receive the Committee's report of absentees as in
    previous practice, and to enable the Chair to reduce to five minutes the
    period for a recorded vote immediately following a regular quorum call
    (H. Res. 5, Jan. 15, 1979, pp. 7-16), which time was reduced to not less
    than two minutes in the 113th Congress (sec. 2(b)(1), H. Res. 5, Jan. 3,
    2013, p. _). In the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98) the
    clause was amended to allow the Chair the discretion whether or not to
    entertain a point of order of no quorum during general debate only.
    Gender-based references were eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    2(a) of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47).
      The chair of the Committee of the Whole must entertain a point of
    order of no quorum during consideration under the five-minute rule if a
    quorum has not yet been established in the Committee on the bill then
    pending (and the fact that a quorum of the Committee has previously been
    established on another bill on that day is irrelevant during
    consideration (Sept. 19, 1984, p. 26082)). If a recorded vote on a prior
    amendment or motion during consideration under the five-minute rule on
    that bill on that day has established a quorum, a subsequent point of no
    quorum during debate is precluded (June 3, 1992, p. 13336), although a
    subsequent call of the Committee may be ordered by unanimous consent
    (May 10, 1984, p. 11869; Dec. 17, 1985, p. 37469; June 25, 1986, p.
    15551). A vote by division is not such intervening business as would
    preclude a reduced-time vote under clause 6(b)(3) (July 22, 1994, p.
    17609).
      Clause 6(c) permits the chair of the Committee of the Whole to
    announce in advance, at the time that the absence of a quorum is
    ascertained, an intention to vacate proceedings when a quorum appears,
    and to convert to a regular quorum call if a quorum does not appear at
    any time during the call (May 13, 1974, p. 14148). The Chair need not
    convert to a regular

    [[Page 794]]

    quorum call precisely at the expiration of 15 minutes if 100 Members
    have not responded on a ``notice'' quorum call but may continue to
    exercise discretion to vacate proceedings at any time during the entire
    period permitted for the conduct of the call by clause 2 of rule XX
    (July 17, 1974, p. 23673).
      Before the installation of the electronic system, a quorum in the
    Committee was established by a call of the roll. At one time the roll
    was called but once (IV, 2967); but in the later practice it was called
    twice as on other roll calls (VI, 668). Under the modern practice the
    Chair normally directs that Members record their presence by electronic
    device. The Chair may, however, in the Chair's discretion, order that
    Members respond by the alternative procedures in clause 3 of rule XX
    (alphabetical call of the roll) or clause 4(a) of rule XX (clerk
    tellers) (for the use of clerk tellers for a ``notice'' quorum call in
    Committee of the Whole, see July 13, 1983, p. 18858).
      Where the Committee has risen to report the absence of a quorum, it
    resumes its session by direction of the Speaker on the appearance of a
    quorum (IV, 2968; VI, 674). The quorum that must appear to permit the
    Committee to continue its business is a quorum of the Committee and not
    of the House (IV, 2970, 2971). However, if such quorum fails to appear,
    a quorum of the House is required for the Committee to resume its
    sitting (VI, 674). It was formerly held that after the Committee has
    risen and reported its roll call, a motion to adjourn was in order
    before direction as to resumption of the session (IV, 2969); but under
    the later practice the Committee immediately resumed its session without
    intervening motion or unanimous-consent requests (VI, 672, 673; VIII,
    2377, 2379, 2436). The failure of a quorum of the House to answer on
    this roll call does not interfere with the authority of the Speaker to
    direct the Committee to resume its session (IV, 2969). The Chair's count
    of a quorum is not subject to verification by tellers (VIII, 2369,
    2436), may not be challenged by an appeal (July 24, 1974, p. 25012), and
    may include those present and not voting (VI, 641). On a division vote
    totaling less than 100, the Chair has relied on an immediately prior
    count on a point of no quorum and on the Chair's observation of several
    Members present but not voting on the division vote in finding the
    presence of a quorum of the Committee of the Whole (June 29, 1988, p.
    16504). No quorum being present when a vote is taken in Committee of the
    Whole, and the Committee having risen before a quorum appeared, such
    vote is invalid, and the question is put de novo when the Committee
    resumes its business (VI, 676, 677). Although an ``automatic'' roll call
    (under clause 6(a) of rule XX) is not in order in Committee of the
    Whole, a point of order of no quorum may intervene between the
    announcement of a division vote result and the transaction of further
    business, and a demand for a recorded vote following the quorum call is
    not thereby precluded (Oct. 9, 1975, p. 32598). Where a recorded vote is
    refused but the Chair has not announced the result of a voice vote on an
    amendment, and the demand for a division vote remains possible, the

    [[Page 795]]

    question remains pending and the Chair is obligated to entertain a point
    of order of no quorum under this provision (June 6, 1979, p. 13648).
      Under <> clause 6(d), the presence of a quorum is not necessary for
    adoption of a motion that the Committee of the Whole rise (IV, 2975,
    2976, 4914; Mar. 5, 1980, p. 4801; Oct. 3, 1985, p. 26096; May 21, 1992,
    p. 12394; July 21, 2004, p. 16849).
      A simple motion that the Committee of the Whole rise is privileged
    (VIII, 2369), takes precedence over a motion to amend (May 21, 1992, p.
    12394; June 12, 2007, p. 15522), and is not debatable (May 17, 2000, p.
    8203). However, the motion cannot interrupt a Member who has the floor
    (VIII, 2370, 2371; June 12, 2007, p. 15527, pp. 15689, 15690) and may be
    ruled out when dilatory (VIII, 2800). For a further discussion of the
    motion to rise, see Sec. 334, supra. For a point of order against the
    motion to rise and report an appropriation bill to the House where the
    bill, as proposed to be amended, exceeds an applicable allocation of new
    budget authority under section 302(b) of the Congressional Budget Act of
    1974, and setting forth procedures in the Committee of the Whole in the
    event that the point of order is sustained, see Sec. 1044b, infra.
      A point of order of no quorum may not be entertained, on a day on
    which a quorum has been established, during the period after the
    Committee of the Whole has risen after completing its consideration of a
    bill or resolution and before the Chair has reported the bill or
    resolution back to the House. The Chair having announced the absence of
    a quorum in Committee of the Whole, a motion to rise is in order and, if
    a quorum develops on the vote by which the motion is rejected, the roll
    is not called and the Committee proceeds with its business (VIII, 2369).
    The passage of a bill by the House is not invalidated by the fact that
    the Committee of the Whole reported it on an erroneous supposition that
    a recorded vote had disclosed a quorum (IV, 2972).
      Under the modern practice, the Committee of the Whole may rise
    informally without motion to enable the House to transact certain
    administrative business (see Sec. 330, supra).

      (e) <> In
    the Committee of the Whole House on the state of the Union, the Chair
    shall order a recorded vote on a request supported by at least 25
    Members.

      This provision was adopted in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(b) of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47). A
    demand for a recorded vote on an amendment is untimely where the Chair
    has recognized for

    [[Page 796]]

    the next amendment (Dec. 15, 2005, p. 28739; May 28, 2014, p. _) or put
    the question on the next amendment pending on the tree (Procedure, ch.
    30, Sec. 12.5), or where considerable time has elapsed after the Chair's
    announcement of the voice vote (June 13, 2006, p. 11037), but not when a
    Member is seeking recognition for that purpose when the Chair announces
    the result of the voice vote (June 27, 2012, p. _; Sept. 20, 2012, p.
    _). The Committee may vacate a pending vote by electronic device by
    unanimous consent (see Sec. 993, infra) but not by motion (May 8, 2008,
    p. 8148).

    -  (f) <> In the Committee of the Whole House on the state of the Union,
    the Chair may reduce to not less than two minutes the minimum time for
    electronic voting without any intervening business or debate on any or
    all pending amendments after a record vote has been taken on the first
    pending amendment.
      (g) The Chair may postpone a request for a recorded vote on any
    amendment. The Chair may resume proceedings on a postponed request at
    any time. The Chair may reduce to not less than two minutes the minimum
    time for electronic voting--
          (1) on any postponed question that follows another electronic vote
    without intervening business, provided that the minimum time for
    electronic voting on the first in any series of questions shall be 15
    minutes; or
          (2) on any postponed question taken without intervening debate or
    motion after the Committee of the Whole resumes its sitting if in the
    discretion of the Chair Members would be afforded an adequate
    opportunity to vote.

      Paragraph (f) was added in the 102d Congress (H. Res. 5, Jan. 3, 1991,
    p. 39). Paragraph (g)(1) was added in the 107th Congress (H. Res. 5,
    Jan. 3, 2001, p. 25). Gender-based references were eliminated from both
    in the

    [[Page 797]]

    111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Both were
    amended in the 112th Congress to permit the Chair to reduce the minimum
    time for voting to not less than two minutes (instead of five minutes)
    (sec. 2(e)(1), H. Res. 5, Jan. 5, 2011, p. 80). Such two-minute voting
    had previously been granted ad hoc by unanimous consent in the House
    (e.g., Mar. 16, 2006, p. 3767). Paragraph (g)(2) was added in the 113th
    Congress (sec. 2(b)(1), H. Res. 5, Jan. 3, 2013, p. _). Before the House
    recodified its rules in the 106th Congress, paragraph (f) was found in
    former clause 2(c) of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47). A
    vote by division is not such intervening business as would preclude a
    reduced-time vote under paragraph (f) (July 22, 1994, p. 17609).
    Pursuant to paragraph (g), the Chair may resume proceedings on a
    postponed question at any time, even while an amendment is pending (May
    24, 2011, p. 7740; July 30, 2013, p. _).
      Before the adoption of paragraph (g), the chair of the Committee of
    the Whole could not entertain a unanimous-consent request to reduce to
    fewer than 15 minutes the minimum time for recorded votes (June 18,
    1987, p. 16764) or to postpone and cluster votes on amendments (July 13,
    1995, p. 18871; Sept. 27, 1995, p. 26611; July 14, 1998, p. 15305). An
    amendment pending as unfinished business where proceedings on a request
    for a recorded vote have been postponed can be modified by unanimous
    consent on the initiative of its proponent (July 19, 2005, pp. 16487,
    16488; see also Mar. 30, 2000, p. 4037). Special rules of the House
    before adoption of paragraph (g) commonly provided the chair of the
    Committee of the Whole authority to postpone and cluster requests for
    recorded votes. Where a special rule provided such authority: (1) use of
    that authority, and the order of clustering, was entirely within the
    discretion of the Chair (e.g., Aug. 5, 1998, p. 18950); (2) a request
    for a recorded vote on an amendment on which proceedings had been
    postponed could be withdrawn by unanimous consent before proceedings
    resumed on the request as unfinished business, in which case the
    amendment stood disposed of by the voice vote thereon (May 16, 2000, p.
    7994); (3) it did not permit the Chair to postpone a vote on an appeal
    of a ruling of the Chair (even by unanimous consent) (June 8, 2000, p.
    9954); (4) the Committee of the Whole by unanimous consent could vacate
    postponed proceedings, thereby permitting the Chair to put the question
    de novo (June 20, 2000, p. 11526); and (5) the Chair could resume
    proceedings on unfinished business consisting of a ``stack'' of
    amendments even while an amendment was pending (July 10, 2000, p.
    13615).
      Pursuant to this clause, where the Chair has announced that the Chair
    will postpone a request for a recorded vote that was made pending a
    point of order of no quorum, the point of order is considered as
    withdrawn because the question is no longer pending after the Chair's
    announcement (see Sec. 1026, infra). The offering of a pro forma
    amendment to discuss the legislative program, or an extended one-minute
    speech by a Member to express gratitude to the Members on a personal
    matter, is considered intervening business such as to preclude a
    reduced-time vote under this author

    [[Page 798]]

    ity except by unanimous consent (June 22, 2000, p. 12087; June 27, 2000,
    p. 12586). A request for a record vote under this paragraph may be
    withdrawn by unanimous consent before proceedings resume on the request
    as unfinished business, in which case the amendment stands disposed of
    by the voice vote thereon (e.g., Sept. 17, 1998, p. 20845; June 25,
    2004, pp. 14173-75) unless the request proposes that the Chair put the
    question de novo (e.g.,, Sept. 22, 2004, pp. 18957, 18958, 18962; July
    18, 2013, p. _).
      When <> the 103d Congress enabled voting by the Delegates
    and Resident Commissioner in the Committee of the Whole (see Sec. 675,
    supra), it also added a new paragraph (h) to clause 6 (former clause
    2(d) of rule XXIII) to provide for immediate reconsideration in the
    House of questions resolved in the Committee of the Whole by a margin
    within which the votes of Delegates and the Resident Commissioner were
    decisive (H. Res. 5, Jan. 5, 1993, p. 49). Such voting and
    reconsideration thereof was repealed in the 104th Congress (sec. 212(c),
    H. Res. 6, Jan. 4, 1995, p. 468), reinstated in the 110th Congress (H.
    Res. 78, Jan. 24, 2007, p. 2140), and repealed in the 112th Congress
    (sec. 2(e)(4), H. Res. 5, Jan. 5, 2011, p. 80).
      Under the former paragraph (h), whether the votes cast by the
    delegates were decisive was determined by a ``but for'' test, the
    question being whether the result would be different if their votes were
    not counted (May 19, 1993, p. 10409; Feb. 8, 2007, p. 3550). The Chair's
    count in such matter was not subject to appeal (Feb. 8, 2007, p. 3550).
    The Chair did not differentiate between Members and Delegates and the
    Resident Commissioner in announcing the result of a record vote in the
    Committee of the Whole (Feb. 8, 2007, p. 3579). An amendment adopted by
    immediate proceedings de novo in the House did not disturb the sequence
    of a ``king-of-the-hill'' procedure established by a special rule
    waiving all points of order against subsequent amendments (Mar. 17,
    1994, p. 5388). Former paragraph (h) was applicable only to votes taken
    in the Committee of the Whole (Mar. 11, 2008, p. 3740).

    Dispensing with the reading of an amendment
      7. <> It shall be in
    order in the Committee of the Whole House on the state of the Union to
    move that the Committee of the Whole dispense with the reading of an
    amendment that has been printed in the bill or resolution as reported by
    a committee, or an amendment that a Member, Delegate, or Resi

    [[Page 799]]

    dent Commissioner has caused to be printed in the Congressional Record.
    Such a motion shall be decided without debate.

      This provision was added in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113) to permit a motion to dispense with the reading of
    certain amendments in the Committee of the Whole. Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 5(b) of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47).

    Closing debate-
      8. (a) <> Subject to paragraph (b) at any time after the Committee of the
    Whole House on the state of the Union has begun five-minute debate on
    amendments to any portion of a bill or resolution, it shall be in order
    to move that the Committee of the Whole close all debate on that portion
    of the bill or resolution or on the pending amendments only. Such a
    motion shall be decided without debate. The adoption of such a motion
    does not preclude further amendment, to be decided without debate.
      (b) If the Committee of the Whole House on the state of the Union
    closes debate on any portion of a bill or resolution before there has
    been debate on an amendment that a Member, Delegate, or Resident
    Commissioner has caused to be printed in the Congressional Record at
    least one day before its consideration, the Member, Delegate, or
    Resident Commissioner who caused the amendment to be printed in the
    Record shall be allowed five minutes to explain it, after which the
    Member, Delegate, or Resident Commissioner who shall first obtain the
    floor shall be al

    [[Page 800]]

    lowed five minutes to speak in opposition to it. There shall be no
    further debate thereon.
      (c) Material submitted for printing in the Congressional Record under
    this clause shall indicate the full text of the proposed amendment, the
    name of the Member, Delegate, or Resident Commissioner proposing it, the
    number of the bill or resolution to which it will be offered, and the
    point in the bill or resolution or amendment thereto where the amendment
    is intended to be offered. The amendment shall appear in a portion of
    the Record designated for that purpose. Amendments to a specified
    measure submitted for printing in that portion of the Record shall be
    numbered in the order printed.

      This clause (formerly clause 6 of rule XXIII) was adopted in 1860,
    with amendments in 1880 and 1885 (V, 5221, 5224). Paragraph (b),
    permitting 10 minutes for debate on an amendment that has been printed
    in the Record even after the Committee of the Whole closes debate, was
    inserted in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144)
    following the enactment of an identical provision in section 119 of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140). In the 105th
    Congress that provision was amended to accommodate the printing of
    amendments to measures not yet reported (H. Res. 5, Jan. 7, 1997, p.
    121). The third sentence, relating to the procedure for submitting and
    printing of amendments, was added in the 93d Congress (H. Res. 1387,
    Nov. 25, 1974, p. 37270). The last sentence, relating to the numbering
    of printed amendments, was added in the 104th Congress (sec. 217, H.
    Res. 6, Jan. 4, 1995, p. 468). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 6 of rule
    XXIII (H. Res. 5, Jan. 6, 1999, p. 47). A clerical correction was
    effected to paragraph (c) in the 107th Congress (sec. 2(x), H. Res. 5,
    Jan. 3, 2001, p. 26).
      The Speaker announced that amendments to be printed in the Record
    pursuant to this clause must be deposited in a separate box at the
    Rostrum or with the Official Reporters of Debates within 15 minutes
    following adjournment, and must bear the Member's original signature
    (Nov. 25, 1974, p. 37270). Although ordinarily the expiration of time
    for debate on a bill and all amendments thereto precludes debate on
    amendments offered thereafter (July 18, 1968, p. 22110), debate on an
    amendment printed in the Record may nevertheless proceed for 10 minutes
    under this clause

    [[Page 801]]

    (Aug. 2, 1973, p. 27715). Printing an amendment in the Record under this
    clause permits debate notwithstanding a limitation of debate only if the
    amendment has been properly offered, and does not permit the offering of
    an amendment not otherwise in order under the rules (Apr. 23, 1975, p.
    11491); and the guaranteed five minutes may be claimed only if the
    offeror of the amendment is the Member who caused it to be printed under
    the rule (June 1, 1976, p. 16044; June 29, 1989, p. 13928; June 19,
    1991, p. 15473). The guaranteed time applies to an amendment offered as
    a substitute for another amendment, rather than as a primary amendment,
    if offered in the precise form printed (June 26, 1979, p. 16682), but
    where such a substitute amendment has not been printed in the Record it
    may not be debated unless time is yielded within the original 10 minutes
    (Dec. 10, 1987, p. 34710). Where a special order requires amendments to
    be printed in the Record to qualify during the consideration of a bill
    under the five-minute rule, but makes no designation concerning
    offerors, any printed amendment may be offered by any Member (Mar. 22,
    1990, p. 5017); but only the Member causing the amendment to be printed
    is entitled to the time for debate guaranteed by this clause.
      The motion to close five-minute debate is not in order until such
    debate has begun (V, 5225; VIII, 2567), which means after one five-
    minute speech (V, 5226; VIII, 2573). The motion to strike the enacting
    clause under clause 9 (formerly clause 7) is preferential to the motion
    to close debate (June 28, 1995, p. 17647; July 13, 1995, p. 18872).
    Although any Member may move, or request unanimous consent, to limit
    debate under the five-minute rule, the manager of the bill has priority
    in recognition for such purpose (June 19, 1984, p. 17055). The House, as
    well as the Committee of the Whole, may close five-minute debate after
    it has begun (V, 5229, 5231), but rarely exercises this right. The
    motion to close debate, although not debatable (Apr. 23, 1975, p. 11534;
    June 5, 1975, p. 17187, July 14, 1998, p. 15304), may be amended (V,
    5227; VIII, 2578). A time limitation imposed by the Committee of the
    Whole under this clause may be rescinded or modified only by unanimous
    consent (Sept. 17, 1975, p. 28904). Although the Committee of the Whole
    may limit debate on amendments, it may not restrict the offering of
    amendments in contravention of a special order adopted by the House
    (June 25, 1985, p. 17201). The Committee of the Whole by unanimous
    consent may limit and allocate control of time for debate on amendments
    not yet offered (May 6, 1998, p. 8348). The motion may be ruled out when
    dilatory (V, 5734).
      The closing of debate on the last section of a bill does not preclude
    debate on a substitute for the whole text (V, 5228). Where there is a
    time limitation on debate on a pending amendment in the nature of a
    substitute and all amendments thereto, but not on the underlying
    original text, debate on perfecting amendments to the original text
    proceeds under the five-minute rule absent another time limitation (Apr.
    13, 1983, p. 8402). Where the time for debate on a pending amendment in
    the form of a motion to strike (and all amendments thereto) has been
    limited, a subsequently offered

    [[Page 802]]

    perfecting amendment considered as preferential to (rather than as an
    amendment to) the motion to strike remains separately debatable outside
    the limitation (July 20, 1995, p. 19788). Where five-minute debate has
    been limited to a certain number of minutes without reference to a time
    certain, the time consumed by reading of amendments, quorum calls,
    points of order and votes does not reduce the amount of time remaining
    for debate (Oct. 3, 1969, p. 28459; Nov. 9, 1971, p. 40060). However,
    where debate has been limited to a time certain, such activities as
    reading and voting consume time otherwise available for debate (May 6,
    1970, p. 14452; Aug. 2, 1984, 22180). Unlike time placed under a
    Member's control, five-minute debate (or time derived therefrom under a
    limitation) may not be reserved or yielded in blocks except by unanimous
    consent (Mar. 2, 1976, p. 4992; May 11, 1976, p. 13416). A motion to
    limit debate on a pending amendment may neither allocate the time
    proposed to remain nor vary the order of recognition to close debate,
    though the Committee of the Whole may do either separately by unanimous
    consent (July 12, 1988, p. 17767). The Committee of the Whole may by
    motion: (1) limit debate on a pending committee amendment in the nature
    of a substitute (considered as read) and on all amendments thereto to a
    time certain; and then (2) separately limit debate on each perfecting
    amendment as it is offered (Mar. 16, 1983, p. 5794).
      Under a limitation on debate the Chair may, in the Chair's discretion,
    choose among the following: (1) permit continued debate under the five-
    minute rule; (2) divide the remaining time among those desiring to
    speak; or (3) divide the remaining time between a proponent and an
    opponent to be yielded by them to other Members (June 14, 1977, p.
    18833; May 25, 1982, p. 11672; May 10, 2000, p. 7515). The Chair also
    may, in the Chair's discretion, give priority in recognition under a
    limitation to those Members seeking to offer amendments, over other
    Members standing at the time the limitation was agreed to (May 26, 1977,
    pp. 16950-52). Where time for debate has been limited on a bill and all
    amendments thereto to a time certain several hours away, the Chair may,
    in the Chair's discretion, continue to proceed under the five-minute
    rule until desiring to allocate remaining time on possible amendments,
    and may then divide that time among proponents of anticipated amendments
    and committee members opposing those amendments (e.g., July 16, 1981, p.
    16044; Feb. 28, 1995, pp. 6306-08). The Chair has discretion to
    reallocate time to conform to the limit set by unanimous consent of the
    Committee of the Whole (Mar. 16, 1995, p. 8115).
      As codified in clause 3(c) of rule XVII (and except as indicated in
    Sec. 959, supra) a manager of the bill controlling time in opposition to
    an amendment, and not the proponent of the pending amendment, has the
    right to close debate on the amendment (July 16, 1981, p. 16043), even
    where the manager is the proponent of a pending amendment to the
    amendment (Mar. 16, 1983, p. 5792).

    [[Page 803]]

    Striking the enacting clause
      9. <> A motion that the Committee of the Whole House on the state of
    the Union rise and report a bill or resolution to the House with the
    recommendation that the enacting or resolving clause be stricken shall
    have precedence of a motion to amend, and, if carried in the House,
    shall constitute a rejection of the bill or resolution. Whenever a bill
    or resolution is reported from the Committee of the Whole with such
    adverse recommendation and the recommendation is rejected by the House,
    the bill or resolution shall stand recommitted to the Committee of the
    Whole without further action by the House. Before the question of
    concurrence is submitted, it shall be in order to move that the House
    refer the bill or resolution to a committee, with or without
    instructions. If a bill or resolution is so referred, then when it is
    again reported to the House it shall be referred to the Committee of the
    Whole without debate.

      The practice of rejecting a bill by striking the enacting clause dates
    from a time as early as 1812, but the first rule on the subject was not
    adopted until 1822. By amendments in 1860, 1870, and 1880 the rule has
    been brought into its present form (V, 5326). The rule before 1880
    applied in the House as well as in Committee of the Whole. In the
    revision of 1880, it was classified among the rules relating to the
    Committee of the Whole, but there is nothing to indicate that this
    change was intended to limit the scope of the motion. It was probably a
    recognition merely of the fact that the motion was used most frequently
    in Committee of the Whole (V, 5326, 5332). Before the House recodified
    its rules in the 106th Congress, at which time the rule was also
    expanded to include resolutions and resolving clauses, it was found in
    former clause 7 of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47). The
    motion must be in writing and in the proper form (July 24, 1986, p.
    17641; Aug. 15, 1986, p. 22071; Sept. 12, 1986, p. 23178).

    [[Page 804]]

      The motion <> may not be made until the first section of
    the bill has been read (V, 5327; VIII, 2619), and may be offered while
    an amendment is pending (V, 5328-5331; VIII, 2622, 2624, 2627). The
    motion takes precedence over the motion to amend and therefore over the
    motion to rise and report at the end of the reading of a general
    appropriation bill for amendment under clause 2(d) of rule XXI (July 24,
    1986, p. 17641). The motion also takes precedence over a motion to limit
    debate on pending amendments (June 28, 1995, p. 17647; July 13, 1995, p.
    18874). If a special order provides that a bill shall be open to
    amendment in Committee of the Whole, the motion is in order (VII, 787);
    contra (IV, 3215), but after the stage of amendment has been passed the
    motion is not in order (IV, 4782; VIII, 2368). Where a bill is being
    considered under a special order that permits only committee amendments
    and no amendments thereto, the motion is not in order if no committee
    amendments are in fact offered (Apr. 16, 1970, p. 12092). Where a bill
    is being considered under a special order that permits only specified
    amendments to an amendment in the nature of a substitute made in order
    as original text, the motion is in order even after disposition of the
    specified amendments (Nov. 30, 2011, p. _).
      The motion is debatable as to the merits of the bill, but may not go
    beyond its provisions (V, 5336). The debate on the motion is governed by
    the five-minute rule (V, 5333-5335; VIII, 2618, 2628-2631); only two
    five-minute speeches are in order (V, 5335; VIII, 2629), and time may
    not be reserved (May 22, 1991, p. 11830); thus where a Member recognized
    for five minutes in opposition to the motion yields back the time,
    another Member may not claim the unused portion thereof (Mar. 3, 1988,
    p. 3241). Members of the committee managing the bill have priority in
    recognition for debate in opposition to the motion (May 5, 1988, p.
    9955; June 26, 1991, p. 16436). The Chair will not announce in advance
    the Member to be recognized in opposition to the motion (July 17, 1996,
    p. 17543). The motion is not debatable after the expiration of time for
    debate on the pending bill and all amendments thereto (July 9, 1965, p.
    16280; July 19, 1973, p. 24961; June 19, 1975, p. 19785). However, it is
    debatable where the limitation is only on an amendment in the nature of
    a substitute being read as an original bill for the purpose of amendment
    under a special order and not on the bill itself (June 20, 1975, p.
    19966). For more concerning debate on the motion, see Deschler, ch. 19,
    Sec. 13.
      A second motion to strike the enacting clause is not entertained on
    the same legislative day in the absence of any material modification of
    the bill (VIII, 2636), but the motion may be repeated on a subsequent
    legislative day without change in the bill (May 6, 1950, p. 6571). The
    rejection of a proposed amendment to the bill does not qualify as a
    modification of the bill (June 21, 1962, p. 11369), nor does the
    adoption of an amendment to a proposed amendment to the bill. However,
    adoption of an amendment to an amendment in the nature of a substitute
    read as an original bill

    [[Page 805]]

    pursuant to a special order does qualify as a modification of the bill
    (June 20, 1975, p. 19970). A motion that is withdrawn by unanimous
    consent rather than voted on by the Committee does not preclude the
    offering of another motion on the same day without a material
    modification of the bill (May 9, 1996, p. 10758).
      A point of order against the motion should be made before debate
    thereon has begun (V, 6902; VIII, 3442; May 6, 1950, p. 6571), and when
    challenged the Member offering the motion must qualify as being opposed
    to the bill (Mar. 13, 1942, p. 2439; May 6, 1950, p. 6571; June 14,
    1979, p. 14995; Jan. 26, 1995, p. 2521). When a bill is reported from
    the Committee of the Whole with the recommendation that the enacting
    words be stricken, the motion to strike is debatable (V, 5337-5340), but
    a motion to lay on the table is not in order (V, 5337). The previous
    question may be moved on the motion to concur without applying to
    further action on the bill (V, 5342). When the House disagrees to the
    action of the Committee in striking the enacting words and does not
    refer it under the provisions of the rule, it goes back to the Committee
    of the Whole, where it becomes unfinished business (V, 5326, 5345, 5346;
    VIII, 2633). Notwithstanding that consideration of the pending bill was
    governed by a ``modified-closed'' rule permitting only specified
    amendments, pending the concurrence of the House with a recommendation
    of the Committee of the Whole that the enacting clause be stricken, the
    House could by instructions in a motion to refer under this clause
    direct the Committee of the Whole to consider additional germane
    amendments (Apr. 14, 1994, p. 7452). When the enacting words of a bill
    are stricken, the bill is rejected (V, 5326). When the enacting clause
    of a Senate measure is stricken, the bill is rejected (V, 5326); and the
    Senate is so informed (IV, 3423; VIII, 2638; June 20, 1946, p. 7211;
    Oct. 4, 1972, p. 33787).
      When, on Calendar Wednesday, the House disagrees to the recommendation
    of the Committee of the Whole that the enacting words be stricken, the
    House automatically resolves into Committee of the Whole for further
    consideration (VII, 943).

    Concurrent resolution on the budget
      10. (a) <> At the conclusion of general debate in the Committee of the
    Whole House on the state of the Union on a concurrent resolution on the
    budget under section 305(a) of the Congressional Budget Act of 1974, the
    concurrent resolution shall be considered as read for amendment.

    [[Page 806]]

      (b) It shall not be in order in the House or in the Committee of the
    Whole House on the state of the Union to consider an amendment to a
    concurrent resolution on the budget, or an amendment thereto, unless the
    concurrent resolution, as amended by such amendment or amendments--
          (1) would be mathematically consistent except as limited by
    paragraph (c); and
          (2) would contain all the matter set forth in paragraphs (1)
    through (5) of section 301(a) of the Congressional Budget Act of 1974.
      (c)(1) Except as specified in subparagraph (2), it shall not be in
    order in the House or in the Committee of the Whole House on the state
    of the Union to consider an amendment to a concurrent resolution on the
    budget, or an amendment thereto, that proposes to change the amount of
    the appropriate level of the public debt set forth in the concurrent
    resolution, as reported.
      (2) Amendments to achieve mathematical consistency under section
    305(a)(5) of the Congressional Budget Act of 1974, if offered by
    direction of the Committee on the Budget, may propose to adjust the
    amount of the appropriate level of the public debt set forth in the
    concurrent resolution, as reported, to reflect changes made in other
    figures contained in the concurrent resolution.

      Paragraph (a) (first sentence of former clause 8 of rule XXIII) was
    added on January 4, 1977 (H. Res. 5, 95th Cong., pp. 53-70). Paragraph
    (b) (second sentence of former clause 8 of rule XXIII) was adopted in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). In the 96th
    Congress para

    [[Page 807]]

    graph (b) was amended further and paragraph (c) (third sentence of
    former clause 8 of rule XXIII) was added by Public Law 96-78 (93 Stat.
    589) and was originally intended to apply to concurrent resolutions on
    the budget for fiscal years beginning on or after October 1, 1980.
    However, in the 96th Congress the provisions of that public law amending
    the Rules of the House were made applicable to the third concurrent
    resolution on the budget for fiscal year 1980 as well as the first
    concurrent resolution on the budget for fiscal year 1981 (H. Res. 642,
    Apr. 23, 1980, p. 8789). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 8 of rule
    XXIII (H. Res. 5, Jan. 6, 1999, p. 47).
      A <> prior clause 11 (formerly clause 5(c) of rule XXIII) provided
    that an amendment in the Committee of the Whole proposing only to strike
    an unfunded mandate from a portion of the bill could be precluded only
    by specific terms of a special order of business. It was repealed in the
    112th Congress (sec. 2(e)(5), H. Res. 5, Jan. 5, 2011, p. 80). For the
    text of the former rule and its history, see Sec. 991 of the House Rules
    and Manual for the 111th Congress (H. Doc. 110-162).

    Applicability of Rules of the House
      11. <> The Rules of the House are the rules of the Committee of
    the Whole House on the state of the Union so far as applicable.

      This clause was adopted in 1789 (IV, 4737). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 9 of rule XXIII (H. Res. 5, Jan. 6, 1999, p. 47). It was
    redesignated as clause 11 when a prior clause 11 was repealed in the
    112th Congress (sec. 2(e)(5), H. Res. 5, Jan. 5, 2011, p. 80).
      The Chair may not entertain a unanimous-consent <> request in the Committee of the Whole
    if its effect is to materially modify procedures required by a special
    rule or order adopted by the House. For example, the following
    unanimous-consent requests may not be entertained in the Committee of
    the Whole: (1) to permit a perfecting amendment to be offered to the
    underlying bill where a special rule permitted its consideration only as
    a perfecting amendment to a committee amendment (Aug. 2, 1977, p.
    26161); (2) to permit a substitute to be read by section for amendment
    where the special rule did not so provide (Dec. 12, 1973, p. 41153); (3)
    to extend the time limitation for consideration of amendments beyond
    that set by a special order requiring the Chair to put the question on
    the pending amendments at the expiration of certain hours of
    consideration (Apr. 10, 1986, p. 7079; Oct. 30, 1991, p. 29213; Aug. 3,
    1999, p. 19218; Oct. 21, 1999, p. 26492); (4) to restrict ``en
    blocking'' authority granted in a special order (Sept. 11, 1986, p.
    22871;

    [[Page 808]]

    June 21, 1989, p. 12744); (5) to change the scheme for control (other
    than among committees controlling time) (Oct. 9, 1986, p. 29984; Jan.
    26, 2011, p. 910) or duration (Aug. 1, 1989, p. 17143; Mar. 12, 1991, p.
    5799; Mar. 17, 1993, p. 5385; June 17, 1999, pp. 13437, 13442; Feb. 9,
    2005, pp. 1923, 1925 (Chair corrected himself)) of general debate
    specified by the House, including a ``wrap up'' debate following the
    amendment process (Mar. 25, 2004, pp. 5318-20) but the allotment of time
    to a chair or ranking minority member inures to all members of the
    committee (Nov. 5, 2009, p. 26948); (6) to preempt the Chair's
    discretion (granted by a special order) to postpone and cluster votes or
    to schedule further consideration of a pending measure to a subsequent
    day (June 4, 1992, p. 13625; July 13, 1995, p. 18872); (7) to postpone a
    vote on an appeal of a ruling of the Chair (June 8, 2000, p. 9954); (8)
    to permit an amendment offered by another Member to an amendment
    rendered unamendable by a special order or to permit a subsequent
    amendment changing such unamendable amendment already adopted (Nov. 18,
    1987, p. 32643; July 26, 1989, p. 16411; July 24, 1996, p. 18907); (9)
    to permit consideration of an amendment out of the order specified in a
    special rule (May 25, 1988, p. 12275; Oct. 3, 1990, p. 27354; Oct. 31,
    1991, p. 29359; Nov. 19, 1993, p. 30472; June 10, 1998, p. 11914; July
    29, 1999, p. 18735; May 3, 2007, p. 11198; Feb. 28, 2012, p. _; July 23,
    2014, p. _); (10) to permit consideration of an additional amendment
    (July 28, 1988, p. 19491; June 10, 1998, p. 11914; June 24, 2005, p.
    14215; Mar. 15, 2006, p. 3702); (11) to authorize a supplemental report
    from the Committee on Rules in lieu of the original report referred to
    in the special order (Speaker Wright, Aug. 11, 1988, p. 22105); (12) to
    permit another to offer an amendment vested in a specified Member (May
    1, 1990, p. 9030); (13) to permit a division of the question on an
    amendment rendered indivisible by a special order (July 16, 1996, p.
    17318); (14) to preclude procedural votes (where the order of the House
    refrained from precluding any form of motion to rise) (July 26, 2001, p.
    14754); (15) to preclude further amendment except as specified (Apr. 3,
    2003, p. 8490); (16) to permit the offering of a pro forma amendment to
    an amendment when the special order governing consideration occupied the
    field by permitting pro forma amendments to the bill only (July 7, 2004,
    pp. 14678, 14692).
      Unanimous-consent requests have been entertained in Committee of the
    Whole: (1) to permit the modification of a designated amendment made in
    order by a special rule, once offered, if the request is propounded by
    the proponent of the amendment (see, e.g., June 10, 1993, p. 12486; July
    24, 1996, p. 18906; May 6, 1998, p. 8332; Mar. 29, 2000, p. 4017; Mar.
    13, 2002, p. 3127), including as unfinished business where proceedings
    on a request for a recorded vote have been postponed (Mar. 30, 2000, p.
    4037); (2) to permit a page reference to be included in a designated
    amendment made in order as printed where the printed amendment did not
    include that reference (Apr. 1, 1976, p. 9091); (3) to permit a
    supporter of an amendment to claim debate time allocated by special
    order to an opponent, where no opponent seeks recognition (May 23, 1990,
    p. 11988); (4)

    [[Page 809]]

    to shorten the time set by special order for debate on a particular
    amendment (Aug. 1, 1990, p. 21510; Mar. 29, 1995, p. 9742); (5) to
    lengthen the time set by special order for debate on a particular
    amendment under terms of control congruent with those set by the order
    of the House (May 11, 1988, p. 10495; May 21, 1991, p. 11646; Mar. 22,
    1995, p. 8769; June 27, 1995, p. 17329; Nov. 2, 1995, p. 31376; Mar. 25,
    2004, pp. 5318-20) but not for an unspecified amount, such as the ``time
    that the Speaker may claim to speak on her side of this issue'' (May 27,
    2010, p. 9686); (6) to permit en bloc consideration of several
    amendments under a ``modified-closed'' special order providing for the
    sequential consideration of designated separate amendments (Aug. 10,
    1994, p. 20768); (7) to permit one of two committees controlling time
    for general debate pursuant to a special order to yield control of its
    time to the other (Aug. 18, 1994, p. 23118); (8) to permit the proponent
    (or opponent) of an amendment to yield control of time in support (or in
    opposition) to another (Mar. 9, 2006, p. 3144; Mar. 28, 2012, p. _); (9)
    to permit the offering of pro forma amendments for the purpose of debate
    under a ``modified-closed'' special order limiting both amendments and
    debate thereon (July 17, 1996, p. 17563; July 24, 1996, p. 18896); (10)
    to reach ahead in the reading of a general appropriation bill to
    consider one amendment without prejudice to others earlier in the bill
    under a special order of the House contemplating that each remaining
    amendment be offered only at the ``appropriate point in the reading of
    the bill'' (Mar. 29, 2000, p. 3980); (11) to permit the reading of an
    amendment that already was considered as read under the special order of
    the House (June 13, 2000, p. 10546; July 10, 2002, p. 12441; June 24,
    2009. p. 16124; May 29, 2014, p. _, p. _) or that had been read when
    offered (June 20, 1991, pp. 15610, 15611; May 31, 2012, p. _); (12) to
    permit a request for a recorded vote even though untimely (June 24,
    2005, p. 14182; Mar. 28, 2007, p. 8168; July 18, 2012, p. _); (13) to
    vacate a pending recorded vote in favor of taking the question de novo
    (although a motion to that effect is not available) (May 8, 2008, p.
    8148) or to vacate a prior recorded vote to the end that the request for
    a recorded vote remain pending as unfinished business, such that it
    could be added to the end of a current vote ``stack'' (where it was
    alleged that Members were improperly prevented from being recorded)
    (June 6, 2012, p. _).
      By unanimous consent the House may delegate to the Committee of the
    Whole authority to entertain unanimous-consent requests to change
    procedures contained in an adopted special order (Aug. 11, 1986, p.
    20633). The Member offering an amendment in the Committee of the Whole
    pursuant to a special order of the House has the burden of proving that
    it meets the description of the amendment made in order (July 17, 1996,
    p. 17553). The Chair advised the Committee that an amendment made in
    order was described by subject matter rather than by prescribed text and
    that the pending amendment fit such description (July 20, 2000, p.
    15751). For a description of the authority under clause 6(g) for the
    chair of the Committee of the Whole to postpone and cluster requests for
    recorded votes

    [[Page 810]]

    on amendments (which, before the adoption of that clause, was commonly
    provided by special orders of the House), and the Chair's interpretation
    thereof, see Sec. 984, supra.

                                    Rule XIX

                      motions following the amendment stage

    Previous question
      1. (a) <> There shall be a motion
    for the previous question, which, being ordered, shall have the effect
    of cutting off all debate and bringing the House to a direct vote on the
    immediate question or questions on which it has been ordered. Whenever
    the previous question has been ordered on an otherwise debatable
    question on which there has been no debate, it shall be in order to
    debate that question for 40 minutes, equally divided and controlled by a
    proponent of the question and an opponent. The previous question may be
    moved and ordered on a single question, on a series of questions
    allowable under the rules, or on an amendment or amendments, or may
    embrace all authorized motions or amendments and include the bill or
    resolution to its passage, adoption, or rejection.

      The House adopted a rule for the previous question in 1789, but did
    not turn it into an instrument for closing debate until 1811. The
    history of the motion for the previous question is discussed in V, 5443,
    5446; VIII, 2661. In 1880 the previous question rule was amended to
    apply to single motions or a series of motions as well as to amendments,
    and the motion to commit pending the motion for the previous question or
    after the previous question is ordered to passage was added (V, 5443).
    From 1880 to 1890, the previous question could only be ordered to the
    engrossment and third reading, and then again ordered on passage, but in
    1890 the rule was changed to permit ordering the previous question to
    final passage (V, 5443). When the House recodified its rules in the
    106th Congress, it

    [[Page 811]]

    consolidated former clause 1 of rule XVII and a provision included in
    former clause 2 of rule XXVII, permitting 40 minutes debate on which the
    previous question has been ordered without there having been debate
    under this clause. The 106th Congress also transferred the provision
    addressing the motion to commit from clause 1 of rule XVII to clause 2
    of this rule (H. Res. 5, Jan. 6, 1999, p. 47).
      The previous question is the only motion used for closing debate in
    the House itself (V, 5456; VIII, 2662). It is not in order in Committee
    of the Whole (IV, 4716; Apr. 25, 1990, p. 8257) but is in order ``in the
    House as in Committee of the Whole'' (VI, 639). The motion may not
    include a provision that it shall take effect at a certain time (V,
    5457).
      The <> provisions of the rule define the application of the
    previous question with considerable accuracy. It may not be moved on
    more than one bill, or on motions to agree to a conference report and to
    dispose of differences not included in the report, except by unanimous
    consent (V, 5461-5465). When ordered on a motion to send to conference,
    it applies to that motion alone and does not extend to a subsequent
    motion to instruct conferees (VIII, 2675). It may apply to the main
    question and a pending motion to refer (V, 5466; VI, 373; VIII, 2678),
    or to a pending resolution and a pending amendment thereto (Sept. 25,
    1990, p. 25575; July 16, 1998, p. 15793). When a bill is reported from
    the Committee of the Whole with the recommendation that the enacting
    words be stricken, it may be applied to the motion to concur without
    covering further action on the bill (V, 5342). During consideration ``in
    the House as in Committee of the Whole'' it may be demanded while
    Members still desire to offer amendments (IV, 4926-4929; VI, 639), but
    it may not be moved on a single section of a bill (IV, 4930). When
    ordered on a resolution with a preamble there is doubt of its
    application to the preamble, unless the motion so specifies (V, 5469,
    5470). Thus, the practice of the House is for special rules to order the
    previous question on a resolution and on its preamble. It may be moved
    on a series of resolutions, but this does not preclude a division of the
    resolutions on the vote (V, 5468), although where two propositions on
    which the previous question is moved are related, as in the case of a
    special order reported from the Committee on Rules and a pending
    amendment thereto, a division is not in order (Sept. 25, 1990, p.
    25575). The previous question is often ordered on nondebatable
    propositions to prevent amendment (V, 5473, 5490), but may not be moved
    on a motion that is both nondebatable and unamendable (IV, 3077). It
    applies to questions of privilege as to other questions (II, 1256; V,
    5459, 5460; VIII, 2672).
      The <> Member in charge of the bill and having the floor may demand
    the previous question, although another Member may propose a motion of
    higher privilege (VIII, 2684), which must be put first (V, 5480; VIII,
    2609, 2684). If the Member in charge of the bill claims the floor in
    debate another Member may not demand the previous question (II, 1458);
    but

    [[Page 812]]

    having the floor, unless yielded to for debate only, any Member may make
    the motion although the effect may be to deprive the Member in charge of
    the bill of the floor (V, 5476; VIII, 2685). The Member who has called
    up a measure in the House has priority of recognition to move the
    previous question thereon, even over the chair of the reporting
    committee (Oct. 1, 1986, p. 27468). If, after debate, the Member in
    charge of the bill does not move the previous question, another Member
    may (V, 5475); but where a Member intervenes on a pending proceeding to
    make a preferential motion, such as the motion to recede from a
    disagreement with the Senate, that Member may not move the previous
    question on that motion as against the rights of the Member in charge
    (II, 1459), and the Member in charge is entitled to recognition to move
    the previous question even after surrendering the floor in debate (VIII,
    2682, 3231). Where a Member controlling the time on a bill or resolution
    in the House yields for the purpose of amendment (or offers an
    amendment), another Member may move the previous question on the bill or
    resolution before the Member offering the amendment is recognized to
    debate it (Deschler, ch. 23, Sec. 18.3; July 24, 1979, p. 20385). Where
    under a rule of the House debate time on a motion or proposition is
    equally divided and controlled by the majority and the minority, or
    between those in favor and those opposed (see, e.g., clauses 2 and 6 of
    rule XV), the previous question may not be moved until the other side
    has used or yielded back its time; and the Chair may vacate the adoption
    of the previous question where it was improperly moved while the other
    side was still seeking time (Oct. 3, 1989, p. 22842). The previous
    question may not be demanded on a proposition against which a point of
    order is pending (VIII, 3433).
      The <> motion to lay on the table may not be applied to the previous
    question (V, 5410, 5411); and it may not be applied to the main question
    after the previous question has been ordered (V, 5415-5422; VIII, 2655),
    or after the yeas and nays have been ordered on the demand for the
    previous question (V, 5408, 5409).
      The motion to postpone may not be applied to the main question after
    the previous question has been ordered (V, 5319-5321; VIII, 2617). The
    previous question may be applied both to the main question and a pending
    motion to refer (V, 5342; VI, 373). The motion to adjourn is not
    available when the previous question has been ordered by special rule
    from the beginning of debate to final passage without intervening motion
    (IV, 3211-3213, June 14, 2001, p. 10725; Apr. 18, 2002, p. 4969).
      This <> clause allows 40 minutes of debate when the previous
    question is ordered on an otherwise debatable proposition on which there
    has been no debate (V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602; Mar.
    22, 1990, p. 4996) but not before it is ordered (Nov. 6, 2007, p.
    29820). However, any previous debate on the merits of the main
    proposition precludes the 40 minutes (V, 5499-5502). The demand for 40

    [[Page 813]]

    minutes of debate must come before the vote is taken on the main
    question (V, 5496). It is not available: (1) when the question on which
    the previous question is ordered is otherwise nondebatable, such as the
    motion to close debate (VIII, 2555, 2690); (2) on an undebated amendment
    where the motion for the previous question covers both the amendment and
    the original proposition, which has been debated (V, 5504) (although
    when the previous question is ordered merely on an amendment that has
    not been debated, the 40 minutes are allowed (V, 5503)); (3) on
    incidental motions (V, 5497-5498); (4) on propositions previously
    debated in Committee of the Whole (V, 5505); (5) on conference reports
    accompanying measures that were debated before being sent to conference
    (V, 5506-5507); (6) on ancillary measures, such as a concurrent
    resolution to correct an enrolled bill (V, 5508). Debate allowed under
    this provision is equally divided and controlled between the person
    demanding the time and a Member representing the opposition (V, 5495;
    Sept. 13, 1965, pp. 23602-06; May 8, 1985, p. 11073). Priority in
    recognition for time in opposition is accorded to a Member truly opposed
    (VIII, 2689).

      (b) <> Incidental questions of order arising during the
    pendency of a motion for the previous question shall be decided, whether
    on appeal or otherwise, without debate.

      This provision was adopted in 1837 to prevent delay by debate on
    points of order after the demand for the previous question (V, 5448).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XVII (H. Res. 5, Jan. 6,
    1999, p. 47). The Chair may recognize and respond to a parliamentary
    inquiry although the previous question may have been demanded (Mar. 27,
    1926, p. 6469).
      A question of privilege relating to the integrity of action of the
    House itself has been distinguished from ordinary questions of order and
    has been debated after the ordering of the previous question (III,
    2532).

      (c) <> Notwithstanding paragraph (a),
    when the previous question is operating to adoption or passage of a
    measure pursuant to a special order of business, the Chair may postpone
    further consideration of such measure in the House to such time as may
    be designated by the Speaker.

      This provision was adopted in the 111th Congress (sec. 2(f), H. Res.
    5, Jan. 6, 2009, p. 7). This authority has been exercised with regard to
    a

    [[Page 814]]

    motion to dispose of amendments between the Houses (e.g., Nov. 18, 2010,
    p. 17856).

    Recommit
      2. (a) <> After the previous question has been
    ordered on passage or adoption of a measure, or pending a motion to that
    end, it shall be in order to move that the House recommit (or commit, as
    the case may be) the measure, with or without instructions, to a
    standing or select committee. For such a motion to recommit, the Speaker
    shall give preference in recognition to a Member, Delegate, or Resident
    Commissioner who is opposed to the measure.
      (b)(1) Except as provided in paragraph (c), a motion that the House
    recommit a bill or joint resolution on which the previous question has
    been ordered to passage shall be debatable for 10 minutes equally
    divided between the proponent and an opponent.
      (2) A motion to recommit a bill or joint resolution may include
    instructions only in the form of a direction to report an amendment or
    amendments back to the House forthwith.
      (c) On demand of the floor manager for the majority, it shall be in
    order to debate the motion for one hour equally divided and controlled
    by the proponent and an opponent.

      The motion to commit or recommit described in paragraph (a) was added
    to the previous question rule (formerly clause 1 of rule XVII) in 1880
    (V, 5443). The portion of paragraph (a) that gives preference in
    recognition to one opposed to the measure was added to former clause 4
    of rule XVI in the 61st Congress (Mar. 15, 1909, pp. 22-34). Paragraph
    (c) and an earlier form of paragraph (b), relating to debate on the
    motion to recommit with instructions, were added to former clause 4 of
    rule XVI by section

    [[Page 815]]

    123 of the Legislative Reorganization Act of 1970 and made a part of the
    standing rules in the 92d Congress (H. Res. 5, Jan. 21, 1971, p. 14).
    Paragraph (b) was amended in the 111th Congress to allow for debate on
    the straight motion, and subparagraph (2) was added to restrict the
    range of permissible instructions to those ``forthwith'' (sec. 2(g), H.
    Res. 5, Jan. 6, 2009, p. 7). That provision was also amended in the 99th
    Congress to provide that on the demand of the majority floor manager of
    a bill or joint resolution, the 10 minutes of debate on a motion to
    recommit with instructions, the previous question having been ordered,
    may be extended to one hour, equally divided and controlled (H. Res. 7,
    Jan. 3, 1985, p. 393). When the House recodified its rules in the 106th
    Congress, it consolidated the last sentence of former clause 1 of rule
    XVII and provisions of former clause 4 of rule XVI, addressing the
    motion to recommit, under this clause (H. Res. 5, Jan. 6, 1999, p. 47).
    For a general discussion of the motion to refer, see Sec. 916, supra.
      The <> motion to commit under
    this rule applies to resolutions of the House alone as well as to bills
    (V, 5572, 5573; VIII, 2742), and to a motion to amend the Journal (V,
    5574). It does not apply to a report from the Committee on Rules
    providing a special order of business (V, 5593-5601; VIII, 2270, 2750),
    or to a pending amendment to a proposition in the House (V, 5573). A
    motion to commit under this clause, with instructions to report
    forthwith with an amendment, has been allowed after the previous
    question has been ordered on a motion to dispose of Senate amendments
    before the stage of disagreement (V, 5575; VIII, 2744, 2745). However, a
    motion to commit under this clause does not apply to a motion disposing
    of Senate amendments after the stage of disagreement where utilized to
    displace a pending preferential motion (Speaker Albert, Sept. 16, 1976,
    p. 30887).
      The motion to commit may be made pending the demand for the previous
    question on passage (or adoption), whether a bill or resolution is under
    consideration (V, 5576). However, when the demand covers all stages of
    the bill to passage, the motion to commit is made only after the third
    reading and is not in order pending the demand or before the third
    reading (V, 5578-5581). When separate motions for the previous question
    are made, respectively, on the third reading and on passage of a bill,
    the motion to commit should be made only after the previous question is
    ordered on passage (V, 5577). When the House refuses to order a bill to
    be engrossed and read a third time, the motion to commit may not be made
    (V, 5602, 5603). When the previous question has been ordered on a simple
    resolution (as distinguished from a joint resolution) and a pending
    amendment, the motion to commit should be made after the vote on the
    amendment (V, 5585-5588). A motion to commit has been entertained after
    ordering of the previous question even before the adoption of rules at
    the beginning of a Congress (VIII, 2755; Jan. 5, 1981, p. 111).
      When a special order declares that at a certain time the previous
    question shall be considered as ordered on a bill to final passage, it
    has usually,

    [[Page 816]]

    but not always, been held that a motion to commit is precluded (IV,
    3207-3209). Under clause 6(c) of rule XIII (formerly clause 4(b) of rule
    XI) the Committee on Rules is prohibited from reporting a special order
    that precludes the motion to recommit as provided in clause 2 of rule
    XIX (VIII, 2260, 2262-2264; see also Sec. 1001, supra). That provision
    was amended in the 104th Congress to further prohibit the Committee on
    Rules from denying the Minority Leader or a designee the right to
    include proper amendatory instructions in a motion to recommit except
    with respect to a Senate measure for which the text of a House-passed
    measure has been substituted (sec. 210, H. Res. 6, Jan. 4, 1995, p.
    460). Where a special order providing for consideration of a matter in
    the House provides that the previous question shall be considered as
    ordered thereon without intervening motion and does not simply state
    that the previous question be considered as ordered after debate, the
    previous question is considered as ordered from the beginning of the
    debate, precluding the consideration of any intervening motion (Mar. 12,
    1980, pp. 5387-93; June 14, 2001, p. 10725).
      Where a bill is recommitted under this motion, the previous question
    being pending but not ordered on final passage and, having been reported
    again, is again amended and subjected to the previous question, another
    motion to commit is in order after the engrossment and third reading (V,
    5591).
      Before <>  the amendment
    of this clause in the 92d Congress, no debate was permitted on a motion
    to recommit with instructions after the previous question was ordered
    (V, 5561, 5582-5584; VIII, 2741). The 10 minutes of debate provided
    under this clause does not apply to a motion to recommit a simple or
    concurrent resolution or a conference report, because the clause limits
    its applicability to bills and joint resolutions (Nov. 15, 1973, p.
    37151; Mar. 29, 1976, p. 8444; Speaker O'Neill, June 19, 1986, p. 14698;
    June 30, 2010, p. 12462). The manager of a bill or joint resolution, if
    opposed, and not the proponent of a motion to recommit with
    instructions, has the right to close controlled debate on a motion to
    recommit (Speaker Wright, Dec. 3, 1987, p. 34066). The Member recognized
    for five minutes in favor of the motion may not reserve time (Speaker
    Wright, June 29, 1988, p. 16510; June 29, 1989, p. 13938). Although time
    for debate on a motion to recommit is not ``controlled,'' and therefore
    Members may not reserve or yield blocks of time (July 26, 2006, p.
    16072), a Member under recognition may yield to another while remaining
    standing (Feb. 27, 2002, p. 2081).
      Although the ordering of the previous question on a bill and all
    amendments to final passage precludes debate (other than that specified
    in clause 2 of rule XIX) on a motion to recommit, it does not exclude
    amendments to such motion (V, 5582; VIII, 2741); and, unless the
    previous question is ordered on a motion to recommit with instructions,
    the motion is open to amendment germane to the bill (see V, 6888; VIII,
    2711). An amendment to a motion to recommit is read in full (unless the
    reading is dispensed

    [[Page 817]]

    with by unanimous consent) (Feb. 27, 2002, p. 2084). An amendment to a
    motion to recommit is not debatable (Feb. 27, 2002, p. 2084). An
    amendment striking all of the proposed instructions and substituting
    others cannot be ruled out as interfering with the right of the minority
    to move recommittal (VIII, 2698, 2759). The Member offering a motion to
    recommit a bill with instructions may, at the conclusion of the 10
    minutes of debate thereon, yield to another Member to offer an amendment
    to the motion if the previous question has not been ordered on the
    motion to recommit (Speaker Albert, July 19, 1973, p. 24967).
      The motion may be withdrawn in the House at any time before action or
    decision thereon (VIII, 2764). The motion may not be laid on the table
    after the previous question has been ordered (V, 5412-5414).
      The <> simple motion to
    recommit and the motion to recommit with instructions are of equal
    privilege and have no relative precedence (VIII, 2714, 2758, 2762; Nov.
    25, 1970, p. 38997). If the House adopts a motion to recommit with
    instructions that the committee report ``forthwith,'' the chair reports
    at once without awaiting action by the committee (V, 5545-5547; VIII,
    2730), the bill is before the House for immediate consideration (V,
    5550; VIII, 2735), the amendment(s) must be adopted by the House (VIII,
    2734), and an amendment may be divided if otherwise divisible (June 29,
    1993, p. 14618; May 28, 2010, p. 9946). When recommitted without such
    instructions, the measure is before the committee anew (IV, 4557; V,
    5558).
      It is not in order to propose as instructions anything that might not
    be proposed directly as an amendment such as: (1) an amendment that is
    not germane (V, 5529-5541, 5834, 5889; VIII, 2705, 2707, 2708); (2) to
    amend or eliminate an amendment adopted by the House (unless permitted
    by special order) (V, 5531; VIII, 2712, 2714, 2715, 2720-2724); (3) an
    amendment in violation of clause 2 of rule XXI (V, 5533-5540; Sept. 1,
    1976, p. 28883; Sept. 19, 1983, p. 24646; Speaker Foley, Aug. 1, 1989,
    p. 17159, and Aug. 3, 1989, p. 18546, each time sustained by tabling of
    appeal; July 1, 1992, p. 17294; June 22, 1995, p. 16844). However, it
    has been held in order to reoffer an amendment rejected by the House
    (VIII, 2728). A waiver of all points of order against consideration of a
    bill does not inure to the motion to recommit (May 9, 2003, p. 11072).
      Where a special rule providing for the consideration of a bill
    prohibited the offering of amendments to a certain title of the bill (at
    any point during consideration), it was held not in order to offer a
    motion to recommit with instructions to amend the restricted title (Jan.
    11, 1934, pp. 479-83). However, that precedent should be read in light
    of clause 6(c) of rule XIII, which precludes the Committee on Rules from
    reporting a rule that would prevent a motion to recommit from including
    amendatory instructions (see Sec. 857, supra).
      The motion to recommit may not be accompanied by preamble or otherwise
    include argument, explanation, or other matter in the nature of debate
    (V, 5589; VIII, 2749).

    [[Page 818]]

      Only one motion to commit is in order (V, 5577, 5582, 5585; VIII,
    2763). If a motion to recommit is ruled out, a proper motion is
    admissible (VIII, 2736, 2760, 2761, 2763; June 22, 2005, p. 13540).
    Similarly, if the House votes pursuant to section 426(b)(3) of the
    Congressional Budget Act of 1974 not to consider a motion to recommit
    against which a Member has made a point of order under section 425(a) of
    that Act, a proper motion to recommit remains available (Mar. 28, 1996,
    p. 6932).
      A motion to recommit with instructions was ruled out of order before
    the entire motion had been read as a matter of form where a special
    order of business precluded instructions (May 6, 2004, pp. 8590, 8591).
    A point of order against a motion to recommit that initially is reserved
    pending its reading may be insisted upon before commencement of debate
    thereon (July 12, 2007, p. 18843) but not after (Mar. 5, 2008, p. 3296).
      Before the adoption of paragraph (b)(2) in the 111th Congress, it was
    permissible to direct a committee to study an issue (with or without
    amendatory instructions) and to report ``promptly'' its recommendations
    (Mar. 29, 1990, p. 1834) as long as they were germane and not
    argumentative (Sept. 23, 1992, p. 27178). Such motions sent the bill or
    joint resolution to committee, whose eventual report (if any) would not
    be immediately before the House (Deschler, ch. 23, Sec. 32.25; May 24,
    2000, p. 9151; May 3, 2007, p. 11187). When a bill was so recommitted,
    the committee had to confine itself to the instructions (IV, 4404; V,
    5526).
      Before <> former
    clause 4 of rule XVI was amended in 1909 to give priority in recognition
    for the motion to recommit to an opponent of a bill or joint resolution
    pending final passage, it was held that the opponents of a bill had no
    claim to prior recognition (II, 1456). Although the provision as amended
    in 1909 applied only to bills and joint resolutions, the principle
    embodied in that provision was applied also to motions to recommit
    simple or concurrent resolutions or conference reports under former
    clause 1 of rule XVII (VIII, 2764; Nov. 28, 1979, p. 33914). When the
    House consolidated the last sentence of former clause 1 of rule XVII and
    provisions of former clause 4 of rule XVI, addressing the motion to
    recommit, under this clause (H. Res. 5, Jan. 6, 1999, p. 47), the
    sentence conferring prior recognition to the opposition was formally
    applied to all measures. However, precedents under former clause 1 of
    rule XVII still dictate that recognition to offer a motion to commit a
    resolution offered from the floor as a privileged matter without having
    been referred to committee does not depend on opposition to the
    resolution or on party affiliation (Speaker Albert, Feb. 19, 1976, p.
    3920).
      When applying this rule the Speaker looks first to the Minority Leader
    or a designee (as imputed by the form of former clause 4(b) of rule XI
    adopted in the 104th Congress (current clause 6(c) of rule XIII)). If
    the Minority Leader is not seeking recognition, the Speaker looks to
    minority members of the committee reporting the bill, in order of their
    rank on the committee (Speaker Garner, Jan. 6, 1932, p. 1396; Speaker
    Byrns,

    [[Page 819]]

    July 2, 1935, p. 10638), then to other Members on the minority side
    (Speaker Rayburn, Aug. 16, 1950, p. 12608). Until a qualifying minority
    Member has had the motion read by the Clerk, that Member is not entitled
    to the floor so as to prevent a senior qualifying minority member from
    the reporting committee from seeking recognition to offer the motion to
    recommit (Speaker O'Neill, Apr. 24, 1979, p. 8360). If no Member of the
    minority qualifies, a majority Member who is opposed to the bill may be
    recognized (Speaker Garner, Apr. 1, 1932, p. 7327). The Chair does not
    assess the degree of a Member's opposition (Oct. 23, 1991, p. 28258) and
    accepts a Member's averment of opposition (Nov. 9, 2005, pp. 25640,
    25643; Apr. 26, 2006, pp. 6196, 6197; May 4, 2006, pp. 7031, 7032). A
    Member who is opposed to the bill ``in its present form'' (i.e., in the
    form before the House when the motion is made) qualifies to offer the
    motion (Speaker Martin, Apr. 15, 1948, p. 4547; Speaker McCormack, Mar.
    12, 1964, p. 5147). In response to a parliamentary inquiry, the Chair
    requested all Members to reflect on the importance of the Chair's being
    able to rely on the veracity of a Member's assertion, when qualifying to
    offer a motion to recommit, of opposition to the bill; and the Chair
    recited to the Members the following apology by the ranking minority
    member of the Committee on Appropriations in 1979: ``The honorable, if
    not technical, duty of a Member offering a motion to recommit is to vote
    against the bill on final passage'' (Speaker Hastert, June 23, 2005, p.
    13845, quoting from Deschler-Brown, ch. 29, Sec. 23.49). The Chair also
    advised that it is not a violation of the rules for a Member to vote for
    passage after asserting opposition to a measure in order to qualify to
    offer a motion to recommit, and it is not the province of the Chair to
    instruct a Member how to vote (Apr. 26, 2006, p. 6197).
      The priority in recognition of a Member of the minority who is opposed
    is not diminished by the fact that the minority party may have
    successfully led the opposition to the previous question on the special
    order governing consideration of the bill and offered a ``modified-
    closed'' rule permitting only minority Members to offer perfecting
    amendments to the majority text (June 26, 1981, p. 14740). However,
    although the motion to recommit is the prerogative of the minority if
    opposed, a Member who in the Speaker's determination led the opposition
    to the previous question on the motion to recommit is entitled to offer
    an amendment to the motion to recommit, regardless of party affiliation,
    such as the chair (June 26, 1981, pp. 14791-93) or another majority-
    party member (Feb. 27, 2002, pp. 2080-85) of the committee reporting the
    bill. The right to offer a motion to recommit a House bill with a Senate
    amendment belongs to a Member who is opposed to the whole bill in
    preference to a Member who is merely opposed to the Senate amendment
    (VIII, 2772). Where the previous question has been ordered on both the
    pending resolution and its preamble, a Member may qualify to offer a
    motion to recommit on the basis of opposition to the preamble, even
    though it is not otherwise subject to separate vote or amendment (Feb.
    12, 1998, p. 1333). A Member rising in opposition to

    [[Page 820]]

    a motion to recommit must likewise qualify as opposed to the motion
    (Apr. 29, 1998, p. 7156) or obtain unanimous consent if not (e.g., Mar.
    14, 2007, p. 6386).

    Reconsideration
      3. <> When a motion has been
    carried or lost, it shall be in order on the same or succeeding day for
    a Member on the prevailing side of the question to enter a motion for
    the reconsideration thereof. The entry of such a motion shall take
    precedence over all other questions except the consideration of a
    conference report or a motion to adjourn, and may not be withdrawn after
    such succeeding day without the consent of the House. Once entered, a
    motion may be called up for consideration by any Member. During the last
    six days of a session of Congress, such a motion shall be disposed of
    when entered.

      The motion to reconsider used in the Continental Congress and in the
    House of Representatives from its first organization, in 1789, was first
    made the subject of a rule in 1802; and at various times this rule has
    been perfected by amendments (V, 5605). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 1
    of rule XVIII (H. Res. 5, Jan. 6, 1999, p. 47).
      The motion is not used in Committee of the Whole (IV, 4716-4718; VIII,
    2324, 2325; June 23, 2011, p. 9954), but is in order ``in the House as
    in Committee of the Whole'' (VIII, 2793). It is not in order in the
    House during the absence of a quorum when the vote proposed to be
    reconsidered requires a quorum (V, 5606). However, on votes incident to
    a call of the House the motion to reconsider may be entertained and also
    laid on the table, although a quorum may not be present (V, 5607, 5608).
      The <> mover of a
    proposition is entitled to prior recognition to move to reconsider (II,
    1454). A Member may make the motion at any time without thereby
    abandoning a prior motion made by such Member and pending (V, 5610). A
    Delegate or the Resident Commissioner may not make the motion in the
    House (rule III; II, 1292; VI, 240). The provision of the rule that the
    motion may be made by any Member of the majority is construed, in case
    of a tie vote, to mean any Member of the prevailing side (V, 5615,
    5616), and the same

    [[Page 821]]

    construction applies in case of a two-thirds vote (II, 1656; V, 5617,
    5618; VIII, 2778-2780). Where the yeas and nays have not been ordered,
    any Member, irrespective of whether voting with the majority or not, may
    make the motion to reconsider (V, 5611-5613, 5689; VIII, 2775, 2785;
    Sept. 23, 1992, p. 27196); but a Member who was absent (V, 5619), or who
    was paired in favor of the majority contention and did not vote, may not
    make the motion (V, 5614; VIII, 2774). Any Member may object to the
    Chair's statement that by unanimous consent the motion to reconsider a
    vote is laid on the table, and the objecting Member need not have voted
    on the prevailing side, but if objection is made, the Chair's statement
    is ineffective and only a Member who voted on the prevailing side may
    offer the motion to reconsider the vote (Aug. 15, 1986, p. 22139). The
    Chair, having voted on the prevailing side, may offer the motion to
    reconsider by stating the pendency of the motion (Oct. 9, 1997, p.
    22017).
      The <> precedence given the motion by the rule permits it to be
    made even after the previous question has been demanded (V, 5656) or
    while it is operating (V, 5657-5662; VIII, 2784). The motion to
    reconsider the vote on the engrossment of a bill may be admitted after
    the previous question has been moved on a motion to postpone (V, 5663),
    and a motion to reconsider the vote on the third reading may be made and
    acted on after a motion for the previous question on the passage has
    been made (V, 5656). It also takes precedence of the motion to resolve
    into Committee of the Whole to consider an appropriation bill (VIII,
    2785), or even of a demand that the House return to Committee after the
    appearance of a quorum (IV, 3087). However, in a case wherein the House
    had passed a bill and disposed of a motion to reconsider the vote on its
    passage, it was held to be too late to reconsider the vote sustaining
    the decision of the Chair that brought the bill before the House (V,
    5652), and that a motion to vacate those proceedings was not in order
    (Speaker O'Neill, Dec. 17, 1985, pp. 37472-74). After a conference has
    been agreed to and the managers for the House appointed, it is too late
    to move to reconsider the vote whereby the House acted on the amendments
    in disagreement (V, 5664). Although the motion has high privilege for
    entry, it may not be considered while another question is before the
    House (V, 5673-5676; July 2, 1980, p. 18354), or while the House is
    dividing (VIII, 2791). A motion to reconsider a secondary motion to
    postpone that has previously been offered and rejected is highly
    privileged, even after the manager of the main proposition has yielded
    time to another Member and before that Member has begun his or her
    remarks (May 29, 1980, p. 12663). When it relates to a bill belonging to
    a particular class of business, consideration of the motion is in order
    only when that class of business is in order (V, 5677-5681; VIII, 2786).
    It may then be called up at any time; but is not the regular order until
    called up (V, 5682; VIII, 2785, 2786). When once entered it may remain
    pending indefinitely, even until a succeeding session of the same
    Congress (V, 5684). The motion to reconsider is subject to

    [[Page 822]]

    the question of consideration (VIII, 2437), and may be laid on the table
    (VIII, 2652, 2659). The motion to reconsider an action taken on a bill
    on Tuesday may be entered but may not be considered on Calendar
    Wednesday (VII, 905).
      The motion to reconsider is in order in standing committees and may be
    made on the same day on which the action is taken to which it is
    proposed to be applied, or on the next day thereafter on which the
    committee convenes with a quorum present at a properly scheduled meeting
    at which business of that class is in order (VIII, 2213). In practice in
    the standing committees, reconsideration of an amendment may require
    that the motion to report first be reconsidered, and then the ordering
    of the previous question on the measure, before a motion can be offered
    to reconsider the amendment (cf. VIII, 2789).
      A <> motion
    to reconsider may be entertained, although the bill or resolution to
    which it applies may have gone to the other House or the President (V,
    5666-5668). However, unanimous consent is required to initiate
    reconsideration of a measure passed by both Houses (IV, 3466-3469). The
    Senate may not reconsider the confirmation of a nomination after a
    commission has been issued by the President to a nominee and the latter
    has taken the oath and entered upon the duties of the office. U.S. v.
    Smith, 286 U.S. 6 (1932). The fact that the House had informed the
    Senate that it had agreed to a Senate amendment to a House bill was held
    not to prevent a motion to reconsider the vote on agreeing (V, 5672).
    When a motion is made to reconsider a vote on a bill that has gone to
    the Senate, a motion to recall the bill is privileged (V, 5669-5671).
    The motion to reconsider may be applied once only to a vote ordering the
    previous question (V, 5655; VIII, 2790), and may not be applied to a
    vote ordering the previous question that has been partially executed (V,
    5653, 5654); but a vote agreeing to an order of the House has been
    reconsidered, although the execution of the order had begun (III, 2028;
    V, 5665). The vote ordering the previous question on a special order
    reported from the Committee on Rules may be reconsidered and is not
    dilatory under clause 6(b) of rule XIII (formerly clause 4(b) of rule
    XI) (Sept. 25, 1990, p. 25575).
      The motion may not be applied to negative votes on motions to adjourn
    (V, 5620-5622), or for a recess (V, 5625), or to resolve into Committee
    of the Whole (V, 5641). The motion to reconsider may be applied however
    to an affirmative vote on the motion to resolve into the Committee of
    the Whole while the Speaker is still in the chair (V, 5368; Apr. 20,
    1978, p. 10990). A motion to reconsider the vote by which the House had
    decided a question of parliamentary procedure was held not to be in
    order (VIII, 2776). Motions to reconsider negative votes on motions to
    fix the day to which the House shall adjourn have been the subject of
    conflicting rulings (V, 5623, 5624), but recent practice does not admit
    the motion (House Practice, ch. 43, Sec. 12). It is in order to
    reconsider a vote postponing a bill to a day certain (V, 5643; May 29,
    1980, p. 12663). It is not in order to recon

    [[Page 823]]

    sider a negative decision of the question of consideration (V, 5626,
    5627), although it is in order to reconsider an affirmative vote on the
    question of consideration (Oct. 4, 1994, p. 27644). It is not in order
    to reconsider a negative vote on the motion to suspend the rules (V,
    5645, 5646; VIII, 2781; Sept. 28, 1996, p. 25796), although it is in
    order to reconsider an affirmative vote on that motion (Sept. 28, 1996,
    p. 25795). It is not in order to reconsider a vote on reconsideration of
    a bill returned with the objections of the President (VIII, 2778). A
    vote whereby a second is ordered may be reconsidered (V, 5642). The
    motion to reconsider a vote on a proposition having been once agreed to,
    and said vote having again been taken, a second motion to reconsider may
    not be made unless the nature of the proposition has been changed by
    amendment (V, 5685-5688; VIII, 2788; Sept. 20, 1979, p. 25512). After
    disposition of a conference report and amendments reported from
    conference in disagreement, it is in order on the same day to move to
    reconsider the vote on a motion disposing of one of the amendments; but
    laying on the table a motion to reconsider the vote whereby the House
    has amended a Senate amendment does not preclude the House from acting
    on a subsequent Senate amendment to that House amendment, or considering
    any other proper motion to dispose of an amendment that might remain in
    disagreement after further Senate action (Oct. 5, 1983, p. 27323). For a
    discussion of the application of the motion to reconsider in committees,
    see Sec. 416, supra.
      A <> bill is not
    considered passed or an amendment agreed to if a motion to reconsider is
    pending, the effect of the motion being to suspend the original
    proposition (V, 5704); and the Speaker declines to sign an enrolled bill
    until a pending motion to reconsider has been disposed of (V, 5705).
    However, when the Congress expires leaving undisposed a motion to
    reconsider the vote whereby a simple resolution of the House has been
    agreed to, it is probable that the resolution would be operative; and
    where a bill has been enrolled, signed by the Speaker, and approved by
    the President, it is undoubtedly a law, even though a motion to
    reconsider may not have been disposed of (V, 5704, note). A Member-elect
    may not take the oath until a motion to reconsider the vote determining
    the title is disposed of (I, 335); but when, in such a case, the motion
    is disposed of, the right to be sworn is complete (I, 622). When the
    motion to reconsider is decided in the affirmative the question
    immediately recurs on the question reconsidered (V, 5703). When a vote
    whereby an amendment has been agreed to is reconsidered the amendment
    becomes simply a pending amendment (V, 5704). When the vote ordering the
    previous question is reconsidered, it is in order to withdraw the motion
    for the previous question, the ``decision'' having been nullified (V,
    5357). When the previous question has been ordered on a series of
    motions and its force has not been exhausted, the reconsideration of the
    vote on one of the motions does not throw it open to debate (V, 5493).
    Under the earlier practice, when a vote taken under the operation of the
    previous question was reconsidered, the main question stood

    [[Page 824]]

    divested of the previous question, and was debatable and amendable
    without reconsideration separately of the motion for the previous
    question (V, 5491-5492, 5700). However, under the modern practice, where
    the House adopts a motion to reconsider a vote on a question on which
    the previous question has been ordered, the question to be reconsidered
    is neither debatable nor amendable (unless the vote on the previous
    question is separately reconsidered) (July 2, 1980, p. 18355). It is in
    order to move to reconsider the ordering of the yeas and nays on a
    question before the question has been finally decided (V, 5689-5691,
    6029; VIII, 2790; Sept. 24, 1997, p. 19946); but where the House had
    voted to reconsider the vote whereby it had rejected a bill but had not
    separately reconsidered the ordering of a record vote, the Speaker put
    the question de novo and entertained a new demand for a record vote
    (Sept. 20, 1979, p. 25512).
      The <> motion
    to reconsider is agreed to by majority vote, even when the vote
    reconsidered requires two thirds for affirmative action (II, 1656; V,
    5617, 5618; VIII, 2795), or when only one fifth is required for
    affirmative action, as in votes ordering the yeas and nays (V, 5689-
    5692, 6029; VIII, 2790). However, one motion to reconsider the yeas and
    nays having been acted on, another motion to reconsider is not in order
    (V, 6037).
      A <> vote on the motion to lay on the table may
    be reconsidered whether the decision be in the affirmative (V, 5628,
    5695, 6288; VIII, 2785) or in the negative (V, 5629). It is in order to
    reconsider the vote laying an appeal on the table (V, 5630), although
    during proceedings under a call of the House this motion was once ruled
    out (V, 5631). The motion to reconsider may not be applied to the vote
    whereby the House has laid another motion to reconsider on the table (V,
    5632-5640; June 20, 1967, p. 16497); and a motion to reconsider may be
    laid on the table only before the Chair has put the question on the
    motion to a vote (Sept. 20, 1979, p. 25512).
      A <> motion to
    reconsider is debatable only if the proposition proposed to be
    reconsidered was debatable (V, 5694-5699; VIII, 2437, 2792; Sept. 13,
    1965, p. 23608); so the motion to reconsider a vote ordering the
    previous question is not debatable (Sept. 25, 1990, p. 25575) and the
    application of the previous question makes a motion to reconsider
    nondebatable (V, 5701; VIII, 2792; Sept. 20, 1979, p. 25512; July 2,
    1980, p. 18355). Where a resolution providing for the order of business
    was agreed to without adoption of the previous question, the Speaker
    advised that a motion to reconsider would be debatable and that the
    Member moving the reconsideration would be recognized to control the one
    hour of debate (Speaker McCormack, Sept. 13, 1965, p. 23608).

    [[Page 825]]

      4. <> A bill, petition, memorial, or resolution referred to a
    committee, or reported therefrom for printing and recommitment, may not
    be brought back to the House on a motion to reconsider.

      This clause (formerly clause 2 of rule XVIII) was first adopted in
    1860, and amended in 1872, to prevent a practice of using the privilege
    of the motion to reconsider to secure consideration of bills otherwise
    not in order (V, 5647). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 2 of rule
    XVIII, and in recodification a provision requiring written reports was
    deleted as redundant of the requirement contained in clause 2 of rule
    XIII (H. Res. 5, Jan. 6, 1999, p. 47). There is a question as to whether
    or not the rule applies to a case wherein the House, after considering a
    bill, recommits it (V, 5648-5650). After a committee has reported a bill
    it is too late to reconsider the vote by which it was referred (V,
    5651).

                                     Rule XX

                             voting and quorum calls

      1. (a) <> The House shall divide after the Speaker has put a question to
    a vote by voice as provided in clause 6 of rule I if the Speaker is in
    doubt or division is demanded. Those in favor of the question shall
    first rise from their seats to be counted, and then those opposed.
      (b) If a Member, Delegate, or Resident Commissioner requests a
    recorded vote, and that request is supported by at least one-fifth of a
    quorum, the vote shall be taken by electronic device unless the Speaker
    invokes another procedure for recording votes provided in this rule. A
    recorded vote taken in the House under this paragraph shall be
    considered a vote by the yeas and nays.

    [[Page 826]]

      This provision (formerly clause 5(a) of rule I) was adopted in 1789
    and its present form reflects the revisions and amendments of 1860, 1880
    (II, 1311), 1972 (H. Res. 1123, Oct. 13, 1972, pp. 36005-08), and 1993
    (H. Res. 5, Jan. 5, 1993, p. 49). From January 22, 1971 (when H. Res. 5
    of the 92d Congress was adopted incorporating provisions in the
    Legislative Reorganization Act of 1970, 84 Stat. 1140), until October
    13, 1972, this rule provided a two-step procedure for ordering ``tellers
    with clerks'' before installation of the electronic voting system, and
    for the first time permitted Members to be recorded on votes in
    Committee of the Whole. The last two sentences of this paragraph
    permitting a single-step ``recorded vote'' and voting by means of
    electronic device installed in the Chamber in 1972, were contained in a
    House resolution adopted on October 13, 1972, and were made effective by
    adoption of the rules of the 93d Congress (H. Res. 6, Jan. 3, 1973, p.
    26). The general provision for demanding a vote by tellers was repealed
    in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). The provision
    providing that a recorded vote taken pursuant thereto shall be
    considered a vote by the yeas and nays was added in the 105th Congress
    (H. Res. 5, Jan. 7, 1997, p. 121). Before the House recodified its rules
    in the 106th Congress, this provision was found in former clause 5(a) of
    rule I (H. Res. 5, Jan. 6, 1999, p. 47).
      The former right to demand tellers was not precluded by the fact that
    the yeas and nays had been refused (V, 5998; VIII, 3103), by a point of
    no quorum against a division vote on the question on which tellers were
    requested (VIII, 3104), by a point of no quorum and a call of the House
    following a division vote on the question on which tellers were demanded
    (Sept. 25, 1969, p. 27041), or by the intervention of a quorum call
    following the refusal of the Committee of the Whole to order a recorded
    vote (Feb. 27, 1974, p. 4447).
      One of the suppositions on which parliamentary law is founded is that
    the Speaker will not betray the duty to make an honest count on a
    division (V, 6002) and the integrity of the Chair in counting a vote
    should not be questioned in the House (VIII, 3115; July 11, 1985, p.
    18550). A vote by division takes no cognizance of Members present but
    not voting, and consequently the number of votes counted by division has
    no tendency to establish a lack of a quorum (June 29, 1988, p. 16504).
    Only one demand for a vote by division on a pending question is in order
    (July 26, 1984, p. 21259; June 29, 1994, p. 15206). However, where a
    division vote is demanded on a proposition in the House and the vote
    thereon is then postponed pursuant to clause 8, a division may again be
    demanded when the question is put de novo on the proposition as
    unfinished business (since a demand for a division may be made by any
    Member) (Mar. 18, 1980, p. 5739).
      In a full House (total membership of 435), a recorded vote is ordered
    by one-fifth of a quorum (44), but in Committee of the Whole a recorded
    vote is ordered by 25 (clause 6(e) of rule XVIII), rather than 20 in
    both cases as in prior practice (V, 5986; Dec. 20, 1974, p. 41793). The
    Chair's

    [[Page 827]]

    count of Members demanding a recorded vote is not appealable (June 24,
    1976, p. 20390).
      Only one request for a recorded vote on a pending question is in order
    (Jan. 21, 1976, p. 508). The request may not be renewed where the
    absence of a quorum is disclosed immediately following the refusal to
    order a recorded vote (June 6, 1979, p. 13648; Oct. 25, 1983, p. 29227).
    However, although a request for a recorded vote once denied may not be
    renewed, the request remains pending where the Chair interrupts the
    count of Members standing in favor of the request in order to count for
    a quorum pursuant to a point of order that a quorum is not present (Aug.
    5, 1982, pp. 19658, 19659; July 22, 2003, p. 18993). A recorded vote may
    be had in the House on a separate vote on an amendment adopted in the
    Committee of the Whole on which a recorded vote had been refused (May
    13, 1998, p. 9134). A demand for the yeas and nays if refused by the
    House may not be renewed, even when the question is put de novo as
    unfinished business (Deschler-Brown, ch. 30, Sec. 55.5).
      A demand for a record vote cannot interrupt a vote by division that is
    in progress (June 10, 1975, p. 18048). Where both a division vote and a
    recorded vote are requested, the Chair will count for a recorded vote
    (July 22, 2003, p. 18993). A parliamentary inquiry, or remarks uttered
    without recognition, immediately following the Chair's announcement of a
    voice vote on an amendment is not such intervening business as to
    prevent a demand for a recorded vote thereon where the Chair has not
    announced the final disposition of the amendment (May 23, 1984, p.
    13928; July 26, 1984, p. 21249; June 10, 1998, p. 11856). A demand for a
    recorded vote may be untimely even if the body has not moved on to other
    business (June 26, 2007, p. 7148; July 23, 2014, p. _).
      The ordering of a recorded vote may be vacated by unanimous consent
    (May 28, 2010, pp. 9947, 9948).
      Under <> the precedents recorded before the abolition of tellers, it was
    the duty of the Member to serve as teller when appointed by the Chair
    (V, 5987); but when Members of one side had declined, the second teller
    was appointed from the other side (V, 5988) or the position was left
    vacant (V, 5989). A Delegate could have been appointed teller (II,
    1302). Where there was doubt as to the count by tellers, the Chair could
    have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but
    this must have been done before the result was announced (V, 5993-5995;
    VIII, 3098). The Chair could have been counted without passing between
    the tellers (V, 5996, 5997; VIII, 3100, 3101).

      (c) In case of a tie vote, a question shall be lost.

      This provision was adopted in 1789. Before the House recodified its
    rules in the 106th Congress, it was found in former clause 6 of rule I
    (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 828]]

      2. (a) <> Unless the Speaker directs otherwise, the Clerk shall
    conduct a record vote or quorum call by electronic device. In such a
    case the Clerk shall enter on the Journal and publish in the
    Congressional Record, in alphabetical order in each category, the names
    of Members recorded as voting in the affirmative, the names of Members
    recorded as voting in the negative, and the names of Members answering
    present as if they had been called in the manner provided in clause 3.
    Except as otherwise permitted under clause 8 or 9 of this rule or under
    clause 6 of rule XVIII, the minimum time for a record vote or quorum
    call by electronic device shall be 15 minutes.

      The permissive use of an electronic voting system was incorporated in
    the Legislative Reorganization Act of 1970 (sec. 121; 84 Stat. 1140) and
    was made a part of the standing rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). The clause in its essential form was adopted the
    next year (formerly clause 5(a) of rule XV) (H. Res. 1123, Oct. 13,
    1972, p. 36012). A technical correction to paragraph (a) was effected in
    the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). The
    electronic system was first utilized in the House on January 23, 1973
    (p. 1793). Under paragraph (a), a record vote is conducted by electronic
    device unless the Speaker directs otherwise (Mar. 21, 2010, p. 4175, p.
    4444; Oct. 11, 2013, p. _).
      A provision regarding holding a vote open for the sole purpose of
    reversing its outcome was added in the 110th Congress (sec. 302, H. Res.
    6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). A select committee to
    investigate certain voting irregularities recommended its repeal (H.
    Rept. 110-885), and the 111th Congress did so (sec. 2(h), H. Res. 5,
    Jan. 6, 2009, p. 7). That provision did not establish a point of order
    (Apr. 15, 2008, p. 6045; May 8, 2008, pp. 8147, 8148) but a vote could
    have been subject to collateral challenge as a question of the
    privileges of the House (Mar. 12, 2008, p. 3856; Apr. 15, 2008, p.
    6054).
      The Speaker inserted in the Record a detailed statement describing
    procedures to be followed during votes and quorum calls by electronic
    device and by the backup procedures therefor (Jan. 15, 1973, pp. 1054-
    57). The Speaker may direct that a call of the House be conducted by an
    alphabetical

    [[Page 829]]

    call of the roll by the Clerk in lieu of utilizing the electronic voting
    device (Mar. 7, 1973, p. 6699), and pursuant to this clause and clause 6
    (formerly clause 4 of rule XV) the Speaker may direct the Clerk to call
    the roll, in lieu of taking the vote by electronic device, where a
    quorum fails to vote on any question and objection is made for that
    reason (May 16, 1973, p. 15850).
      A request that the voting display be turned on during debate is not in
    order (Oct. 12, 1998, p. 25770).
      At the end of a 15-minute vote, after the electronic voting stations
    are closed but before the Speaker's announcement of the result, a Member
    may cast an initial vote or change a vote by ballot card in the well
    (Speaker Albert, Sept. 23, 1975, p. 29850; Speaker Wright, Oct. 29,
    1987, p. 30239). In 1975 Speaker Albert announced that changes could no
    longer be made at the electronic stations but would have to be made by
    ballot card in the well (Speaker Albert, Sept. 17, 1975, p. 28903). In
    1976 Speaker Albert announced that changes could be made electronically
    during the first 10 minutes of a 15-minute voting period, but changes
    during the last 5 minutes would have to be made by ballot card in the
    well (Speaker Albert, Mar. 22, 1976, p. 7394). In 1977 Speaker O'Neill
    announced that changes could be made electronically at any time during a
    vote reduced to five minutes under the rules (Speaker O'Neill, Jan. 4,
    1977, pp. 53-70) and the electronic voting system now is programmed to
    accommodate changes at the stations throughout any electronic vote of a
    minimum duration of less than 15 minutes. Once the Clerk has announced
    changes, the voting stations close and further changes must be made in
    the well (Nov. 17, 2005, p. 26580).
      The Speaker declines to entertain unanimous-consent requests to
    correct the Journal and Record on votes taken by electronic device (Apr.
    18, 1973, p. 13081; May 10, 1973, p. 15282; June 17, 1986, p. 14038),
    unless the request is to delete a vote that was not actually cast (June
    26, 2000, p. 12371). A recorded vote or quorum call may not be reopened
    once the Chair has announced the result (June 15, 2000, p. 11098).
    However, the Speaker may announce a change in the result of a vote taken
    by electronic device where required to correct an error in identifying a
    signature on a voting card submitted in the well (Speaker O'Neill, June
    11, 1981) or as a result of an untabulated voting card (Sept. 25, 2008,
    p. 21960).
      On a call of the House, or a vote, conducted by electronic device,
    Members are permitted a minimum of 15 minutes to respond, but it is
    within the discretion of the Chair, following the expiration of 15
    minutes, to allow additional time for Members to record their presence,
    or vote, before announcing the result (June 6, 1973, p. 18403; Oct. 9,
    1997, p. 22016; Sept. 9, 2003, p. 21558; Mar. 30, 2004, pp. 5577, 5578;
    July 8, 2004, pp. 14781-83; July 9, 2004, p. 14972). When an emergency
    recess under clause 12(b) of rule I occurred during an electronic vote,
    the Chair extended the period of time in which to cast a vote by 15
    additional minutes (May 11, 2005, p. 9164; June 29, 2005, p. 14835). A
    resolution alleging intentional misuse

    [[Page 830]]

    of House practices and customs in holding a vote open for approximately
    three hours for the sole purpose of circumventing the will of the House,
    and directing the Speaker to take such steps as necessary to prevent
    further abuse, constitutes a question of the privileges of the House
    (Dec. 8, 2003, pp. 32099, 32100; Dec. 8, 2005, pp. 27811, 27812).
    Similarly, resolutions directing the Committee on Standards of Official
    Conduct (now Ethics) to review irregularities in the conduct of a vote
    in the House (Aug. 3, 2007, p. 22746) or alleging irregularities in the
    conduct of a vote, directing House officers to preserve all records
    relating thereto, and establishing a select committee of investigation
    thereof (Aug. 3, 2007, pp. 22768, 22769) constitute questions of the
    privileges of the House.
      Where the Chair attempted to prematurely close a vote by electronic
    device while voting cards submitted in the well were still being
    tabulated, he allowed such tabulation to conclude before announcing the
    outcome of the vote (Aug. 2, 2007, p. 22545). The ``scoreboard''
    components of the electronic voting system are for display only, such
    that when the former clock-setting on the board read ``final'' the Chair
    continued to allow Members in the well to cast votes or enter changes
    (Sept. 18, 2007, p. 24524).
      Because this clause is incorporated by reference into clause 6 of rule
    XVIII (formerly clause 2 of rule XXIII), the chair of the Committee of
    the Whole need not convert to a regular quorum call precisely at the
    expiration of 15 minutes if 100 Members have not appeared on a notice
    quorum call, but may continue to exercise discretion under that clause
    at any time during the conduct of the call (July 17, 1974, p. 23673).
      Because the Chair has the discretion to close the vote and to announce
    the result at any time after 15 minutes have elapsed, those precedents
    guaranteeing Members in the Chamber the right to have their votes
    recorded even if the Chair has announced the result (e.g., V, 6064,
    6065; VIII, 2143), which predate the use of an electronic voting system,
    do not require the Chair to hold open indefinitely a vote taken by
    electronic device (Mar. 14, 1978, p. 6838). In the 103d Congress the
    Speaker inserted in the Record his announcement that, in order to
    expedite the conduct of votes by electronic device, the Cloakrooms were
    directed not to forward to the Chair individual requests to hold a vote
    open (Speaker Foley, Jan. 6, 1993, p. 106). Starting in the 104th
    Congress, the Speaker has announced that each occupant of the Chair
    would have the Speaker's full support in striving to close each
    electronic vote at the earliest opportunity and that Members should not
    rely on signals relayed from outside the Chamber to assume that votes
    will be held open until they arrive (Speaker Gingrich, Jan. 4, 1995, p.
    552; June 10, 1998, p. 11849; Speaker Hastert, Jan. 6, 1999, p. 249;
    Speaker Hastert, Jan. 3, 2001, p. 41; Speaker Hastert, Jan. 7, 2003, p.
    24; Jan. 8, 2003, p. 172; Speaker Hastert, Jan. 4, 2005, p. 70; Speaker
    Pelosi, Jan. 5, 2007, p. 273; Speaker Pelosi, Jan. 6, 2009, p. 24;
    Speaker Boehner, Jan. 5, 2011, p. 80; Speaker Boehner, Jan. 3, 2013, p.
    _; Speaker Boehner, Jan. 6, 2015, p. _); however, the Chair will not
    close a vote while a Member is in the well attempting to vote

    [[Page 831]]

    (Feb. 10, 1995, p. 4385; June 22, 1995, p. 16814). In the 113th and
    114th Congresses, the Speaker reiterated the need for Members to come to
    the floor in a timely manner to vote but that the Chair would endeavor
    to preserve the entitlement to vote for a Member attempting to be
    recorded while in the aisle or Chamber (Speaker Boehner, Feb. 26, 2013,
    p. _; Speaker Boehner, Mar. 25, 2014, p. _; Speaker Boehner, Feb. 25,
    2015, p. _).
      (b) When <> the electronic voting system is inoperable or is not used,
    the Speaker or Chair may direct the Clerk to conduct a record vote or
    quorum call as provided in clause 3 or 4.

      When the House recodified its rules in the 106th Congress, this
    provision was added as a cross reference to the backup procedures found
    in clauses 3 and 4(a) and to clarify the Chair's discretion to choose
    either backup procedure (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7).
      In the event of a malfunction in the electronic voting system during a
    record vote, the Chair may vacate the results of the electronic vote and
    direct that the record vote be conducted by call of the roll under
    clause 3 of rule XX (May 4, 1988, pp. 9846, 9847; Oct. 6, 1999, p.
    24198) or may direct a new electronic vote with a new 15-minute voting
    period (July 13, 2004, p. 15214). The determination that the electronic
    voting system is functioning reliably is in the discretion of the Chair,
    who may base a judgment on certification by the Clerk (Oct. 6, 1999, p.
    24198). For example, the Speaker continued to use the electronic system,
    even though the electronic display panels or certain voting stations
    were temporarily inoperative, while urging Members to verify their votes
    (Sept. 19, 1985, p. 24245; Feb. 9, 1994, p. 1633; Feb. 10, 2000, p.
    1021; Apr. 9, 2002, p. 4054; Sept. 19, 2002, p. 17237; Sept. 4, 2003,
    pp. 21151, 21152). Similarly, where the electronic voting system
    malfunctioned only temporarily, the Chair continued an electronic vote
    but advised Members to verify that they were recorded correctly (Mar.
    25, 2004, p. 5262). On the other hand, the Chair vacated the results of
    an electronic vote and directed that the record vote be taken by call of
    the roll where there was a malfunction in the electronic display panel
    and the Chair could not obtain from the Clerk verification that the vote
    would be recorded with 100 percent accuracy (Oct. 6, 1999, p. 24198). On
    one occasion, when the electronic voting system became inoperative
    during a vote, the Chair announced that (1) the vote would be held open
    until all Members were recorded; (2) the Clerk would retrieve the names
    of Members already recorded from the electronic display board; (3) the
    Clerk would combine the names of Members voting electronically and those
    who signed tally cards to form a valid vote; and (4) the vote

    [[Page 832]]

    would remain open until Members had returned from a memorial service at
    the National Cathedral (Sept. 14, 2001, p. 17103).

    --  3. <> The
    Speaker may direct the Clerk to conduct a record vote or quorum call by
    call of the roll. In such a case the Clerk shall call the names of
    Members, alphabetically by surname. When two or more have the same
    surname, the name of the State (and, if necessary to distinguish among
    Members from the same State, the given names of the Members) shall be
    added. After the roll has been called once, the Clerk shall call the
    names of those not recorded, alphabetically by surname. Members
    appearing after the second call, but before the result is announced, may
    vote or announce a pair.

      The first form of this clause (formerly clause 1 of rule XV) was
    adopted in 1789, and amendments were added in 1870, 1880, 1890 (V,
    6046), 1969 (H. Res. 7, 91st Cong., Jan. 3, 1969, p. 35), and 1972 (H.
    Res. 1123, 92d Cong., Oct. 13, 1972, pp. 36005-012). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 1 of rule XV (H. Res. 5, Jan. 6, 1999, p. 47). Although
    this clause permits the announcement of a ``live'' pair, the practice of
    general pairs found in former clause 2 of rule VIII was deleted in the
    106th Congress (H. Res. 5, Jan. 6, 1999, p. 47; see Sec. 1031, infra).
      The names of Members who have not been sworn are not entered on the
    roll from which the yeas and nays are called for entry on the Journal
    (V, 6048; VI, 638; VIII, 3122).
      Commencing in 1879 the Clerk, in calling the roll, called Members by
    the surnames with the prefix ``Mr.'' instead of calling the full names
    (V, 6047), but since the 62d Congress the practice has been discontinued
    in the interest of brevity (VIII, 3121). The Speaker's name is not on
    the voting roll and is not ordinarily called (V, 5970). When voting, the
    Speaker's name is called at the close of the roll (V, 5965). In case of
    a tie that is revealed by a correction of the roll, the Speaker has
    voted after intervening business or even on another day (V, 5969, 6061-
    6063; VIII, 3075). Where the Speaker through an error of the Clerk in
    reporting the yeas and nays announces a result different from that
    actually had, the status of the question is governed by the vote as
    recorded and subsequent announcement by the Speaker of the changed
    result is authoritative, or the Speaker may entertain

    [[Page 833]]

    a motion for correction of the Journal in accordance with the vote as
    finally ascertained (VIII, 3162).
      Under this clause, as under clause 6, the roll is called twice, and
    those Members appearing after their names are called but before the
    announcement of the result may vote or announce a ``live'' pair. Under
    the former practice, before the amendment adopted on January 3, 1969, a
    Member who had failed to respond on either the first or second call of
    the roll could not be recorded before the announcement of the result (V,
    6066-6070; VIII, 3134-3150) unless the Member qualified by declaring
    that the Member had been within the Hall, listening, when the name
    should have been called and failed to hear it (V, 6071-6072; VIII, 3144-
    3150), and then only on the theory that the name may have been
    inadvertently omitted by the Clerk (VIII, 3137). Under the former
    practice in which the roll was called by the Clerk, either before
    announcement of the result (V, 6064) or after such announcement (VIII,
    3125), the Speaker could order the vote recapitulated (V, 6049, 6050;
    VIII, 3128). A Member may not change a vote on recapitulation if the
    result has been announced (VIII, 3124), but errors in the record of such
    votes may be corrected (VIII, 3125). A motion that a vote be
    recapitulated is not privileged (VIII, 3126). The Speaker has declined
    to order a recapitulation of a vote taken by electronic device (Speaker
    Albert, July 30, 1975, p. 25841). The decision to conduct a record vote
    by call of the roll is entirely within the discretion of the Speaker,
    who may refuse to speculate whether he would exercise such discretion on
    a future vote (Mar. 21, 2010, p. 4175).
      The <> legislative call system was
    designed to alert Members to certain occurrences on the floor of the
    House. The Speaker has directed that the bells and lights comprising the
    system be utilized as follows (Jan. 23, 1979, p. 701):
      Tellers--one ring and one light on left. Because the demand for teller
    votes was discontinued at the beginning of the 103d Congress, this
    signal is no longer utilized.
      Recorded vote, yeas and nays, or automatic record vote taken either by
    electronic system or by use of tellers with ballot cards--two bells and
    two lights on left indicate a vote by which Members are recorded by
    name. Bells are repeated five minutes after the first ring. When by
    unanimous consent waiving the five-minute minimum set by clause 9
    (formerly clause 5(b)(3) of rule I) the House authorized the Speaker to
    put remaining postponed questions (Oct. 4, 1988, pp. 28126, 28148) or
    any question following another vote by electronic device (e.g., May 23,
    2006, p. 9274) to two-minute electronic votes, two bells were rung.
      Recorded vote, yeas and nays, or automatic record electronic vote to
    be followed immediately by possible five-minute vote under clauses 8(c)
    or 9 of rule XX or clauses 6(f) or 6(g) of rule XVIII--two bells rung at
    beginning of first vote, followed by five bells, indicate that Chair
    will order five-minute votes if recorded vote, yeas and nays, or
    automatic vote is ordered imme

    [[Page 834]]

    diately thereafter. Two bells repeated five minutes after first ring.
    Five bells on each subsequent electronic vote.
      Recorded vote in the Committee of the Whole to be followed immediately
    by possible two-minute vote under clauses 6(f) or 6(g) of rule XVIII--
    two bells rung at beginning of first vote, followed by two bells,
    indicate that Chair will order two-minute votes if recorded vote is
    ordered immediately thereafter. Two bells repeated five minutes after
    first ring. Two bells on each subsequent electronic vote.
      Recorded vote, yeas and nays, or automatic roll call by call of the
    roll--two bells, followed by a brief pause, then two bells indicate such
    a vote taken by a call of the roll in the House. The bells are repeated
    when the Clerk reaches the ``R's'' in the first call of the roll.
      Regular quorum call--three bells and three lights on left indicate a
    quorum call either in the House or in Committee of the Whole by
    electronic system or by clerks. The bells are repeated five minutes
    after the first ring. Where quorum call is by call of the roll, three
    bells followed by a brief pause, then three more bells, with the process
    repeated when the Clerk reaches the ``R's'' in the first call of the
    roll, are used.
      Regular quorum call in Committee of the Whole, which may be followed
    immediately by five-minute electronic recorded vote--three bells rung at
    beginning of quorum call, followed by five bells, indicate that Chair
    will order five-minute vote if recorded vote is ordered on pending
    question. Three bells repeated five minutes after first ring. Five bells
    for recorded vote on pending question if ordered.
      Notice or short quorum call in Committee of the Whole--one long bell
    followed by three regular bells, and three lights on left, indicate that
    the Chair has exercised discretion under clause 6 of rule XVIII and will
    vacate proceedings when a quorum of the Committee appears. Bells are
    repeated every five minutes unless (a) the call is vacated by ringing of
    one long bell and extinguishing of three lights, or (b) the call is
    converted into a regular quorum call and three regular bells are rung.
      Adjournment--four bells and four lights on left.
      Any two-minute vote--two bells and two lights on left.
      Any five-minute vote--five bells and five lights on left.
      Recess of the House--six bells and six lights on left.
      Civil Defense Warning--twelve bells, sounded at two-second intervals,
    with six lights illuminated.
      The light on the far right--seven--indicates that the House is in
    session.
      Failure of the signal bells to announce a vote does not warrant
    repetition of the roll call (VIII, 3153-3155, 3157) nor does such a
    failure permit a Member to be recorded following the conclusion of the
    call (June 9, 1938, p. 8662).
      Before <> the
    result of a vote has been finally and conclusively pronounced by the
    Chair, but not thereafter, a Member may change a vote (V, 5931-5933,
    6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered
    ``present''

    [[Page 835]]

    may change it to ``yea'' or ``nay'' (V, 6060). However, a vote given by
    a Member may not be withdrawn without leave of the House (V, 5930).
      When a vote actually cast fails to be recorded during a call of the
    roll (V, 6061-6063) the Member may, before the approval of the Journal,
    demand as a matter of right that correction be made (V, 5969; VIII,
    3143). However, statements of other Members as to alleged errors in a
    recorded vote must be very definite and positive to justify the Speaker
    in ordering a change of the roll (V, 6064, 6099). The Speaker declines
    to entertain requests to correct the Journal and Record on votes taken
    by electronic device, based upon the technical accuracy of the
    electronic system if properly utilized and upon the responsibility of
    each Member to correctly cast and verify his or her vote (Apr. 18, 1973,
    p. 13081; May 10, 1973, p. 15282). By unanimous consent the House may
    vacate proceedings on a recorded vote conducted in the Committee of the
    Whole and require a vote de novo where it is alleged that Members were
    improperly prevented from being recorded (June 22, 1995, p. 16815; see
    June 6, 2012, p. _, for similar order in the Committee of the Whole).
      Once <> begun the
    roll call may not be interrupted even by a motion to adjourn (V, 6053;
    VIII, 3133), a parliamentary inquiry (VIII, 3132) except in the
    discretion of the Chair and if related to the call (Deschler-Brown, ch.
    31, Sec. Sec.  15.14, 15.15), a question of personal privilege (V, 6058,
    6059; VI, 554, 564), the arrival of the time fixed for another order of
    business (V, 6056) or for a recess (V, 6054, 6055; VIII, 3133), or the
    presentation of a conference report (V, 6443). However, it is
    interrupted for the reception of messages and by the arrival of the hour
    fixed for adjournment sine die (V, 6715-6718). A Member-elect may be
    sworn during a record vote (e.g., Jan. 4, 2005, p. 46; Jan. 6, 2005, p.
    242). Incidental questions arising during the roll call, such as the
    refusal of a Member to vote (V, 5946-5948), are considered after the
    completion of the call and the announcement of the vote (V, 5947). The
    rules do not preclude a Member from announcing after a recorded vote how
    the Member would have voted if present (Speaker Rayburn, June 27, 1957,
    p. 10521; contra VIII, 3151), but neither the rules nor practice permit
    a Member to announce after a recorded vote how absent colleagues would
    have voted if present (VI, 200; Apr. 3, 1933, p. 1139; Apr. 28, 1933, p.
    2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp. 4691, 4700; Apr. 14,
    1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563).

      4. (a) <> The Speaker may
    direct a record vote or quorum call to be conducted by tellers. In such
    a case the tellers named by the Speaker shall record the names of the
    Members voting on each side of the question or record their presence, as
    the case may be,

    [[Page 836]]

    which the Clerk shall enter on the Journal and publish in the
    Congressional Record. Absentees shall be noted, but the doors may not be
    closed except when ordered by the Speaker. The minimum time for a record
    vote or quorum call by tellers shall be 15 minutes.

      This paragraph was adopted as part of the general revision of this
    rule (formerly rule XV) that was required by the implementation of the
    electronic voting system (H. Res. 1123, 92d Cong., Oct. 13, 1972, p.
    36012). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 2(b) of rule XV (H. Res. 5,
    Jan. 6, 1999, p. 47). The Speaker has discretion to direct that the
    presence of Members be recorded by this procedure in lieu of using the
    electronic system, or the Chair may direct that a quorum call be taken
    by an alphabetical call of the roll (Mar. 7, 1973, p. 6699). The chair
    of the Committee of the Whole also may direct that a quorum call be
    conducted by depositing quorum tally cards with clerk tellers, rather
    than by electronic device or a call of the roll (July 13, 1983, p.
    18858).
      Exercising authority under this paragraph, the Speaker ordered the
    doors to the Chamber closed and locked during a call of the House and
    instructed the Doorkeeper to enforce the rule and let no Members leave
    the Hall (Deschler, ch. 20, Sec. 6.3). This clause does not give the
    Speaker the authority to lock the doors during a recorded vote (June 11,
    1997, p. 10665). For a discussion of the count to determine a quorum,
    see House Practice, ch. 43, Sec. 5.

      (b) <> On the demand of a Member, or at the suggestion
    of the Speaker, the names of Members sufficient to make a quorum in the
    Hall of the House who do not vote shall be noted by the Clerk, entered
    on the Journal, reported to the Speaker with the names of the Members
    voting, and be counted and announced in determining the presence of a
    quorum to do business.

      This clause was adopted in 1890 (IV, 2905), but it merely formalized a
    principle already established by a decision of the Chair (IV, 2895). It
    was much in use in the first years after its adoption (III, 2620; IV,
    2905-2907); but with the decline of obstruction in the House and the
    adoption of clause 6 (formerly clause 4 of rule XV) of this rule the
    necessity for

    [[Page 837]]

    its use has disappeared to a large extent. Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 3 of rule XV (H. Res. 5, Jan. 6, 1999, p. 47). The Speaker may
    direct the Clerk to note names of Members under this rule even on a vote
    for which a quorum is not necessary (VIII, 3152). For a discussion of
    the count to determine a quorum, see House Practice, ch. 43, Sec. 5.

      5. (a) <> In the absence of a
    quorum, a majority comprising at least 15 Members, which may include the
    Speaker, may compel the attendance of absent Members.
      (b) Subject to clause 7(b) a majority described in paragraph (a) may
    order the Sergeant-at-Arms to send officers appointed by the Sergeant-
    at-Arms to arrest those Members for whom no sufficient excuse is made
    and shall secure and retain their attendance. The House shall determine
    on what condition they shall be discharged. Unless the House otherwise
    directs, the Members who voluntarily appear shall be admitted
    immediately to the Hall of the House and shall report their names to the
    Clerk to be entered on the Journal as present.

      The essential portions of this provision were adopted in 1789 and
    1795, with minor amendments in 1888, 1890 (IV, 2982), and 1971 (H. Res.
    5, 92d Cong., Jan. 22, 1971, p. 144). Later in the 92d Congress several
    provisions of this rule, including this clause, were amended to reflect
    the implementation of the electronic voting system (H. Res. 1123, Oct.
    13, 1972, pp. 36005-12). The provisions relating to the call of the roll
    by the Clerk were deleted. Calls of the House are now taken by
    electronic device unless the Speaker orders the use of the alternative
    procedure in clause 2(b). Together with clause 7 (formerly clause
    6(e)(2) of rule XV) this provision was further amended in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to conform to the
    requirement in that provision that further proceedings under the call
    shall be dispensed with unless the Speaker chooses to recognize for a
    call of the House or a motion to compel attendance under this paragraph.
    This clause must be read in light of clause 7 (formerly clause 6(e) of
    rule XV), which prohibits the point of order that a quorum is not
    present unless the Speaker has put a question to a vote. A technical
    correction to paragraph (b) was effected in the 109th Congress (sec.
    2(l),

    [[Page 838]]

    H. Res. 5, Jan. 4, 2005, p. 44). A gender-based reference was eliminated
    in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former clause 2(a) of rule XV (H. Res. 5, Jan. 6, 1999, p. 47).
      Under <> this rule
    a call may not be ordered by less than 15, and without that number
    present the motion for a call is not entertained (IV, 2983). It must be
    ordered by majority vote, and a minority of 15 or more favoring a call
    on such vote is not sufficient (IV, 2984). A quorum not being present no
    motion is in order but for a call of the House or to adjourn (IV, 2950,
    2988; VI, 680), and at this stage the motion to adjourn has precedence
    over the motion for a call of the House (VIII, 2642).
      Although the following precedents predate the use of the electronic
    voting and recording system, they are retained in the Manual because of
    their general applicability with respect to calls of the House. A roll
    call under paragraph (a) may not be interrupted by a motion to dispense
    with further proceedings under the call (IV, 2992), and a recapitulation
    of the names of those who appear after their names have been called may
    not be demanded (IV, 2933). However, during proceedings under the call
    the roll may be ordered to be called again by those present (IV, 2991).
      During a call less than a quorum may revoke leaves of absence (IV,
    3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but
    may not grant leaves of absence (IV, 3002). The roll is sometimes called
    for excuses, and motions to excuse are in order during this call (IV,
    2997), but neither the motion to excuse nor an incidental appeal are
    debatable (IV, 2999). After the roll has been called for excuses, and
    the House has ordered the arrest of those who are unexcused, a motion to
    excuse an absentee is in order when brought to the bar (IV, 3012).
      An <> order of arrest for absent
    Members may be made after a single calling of the roll (IV, 3015, 3016),
    and a warrant issued on direction of those present, such motion having
    precedence of a motion to dispense with proceedings under the call (IV,
    3036). The Sergeant-at-Arms is required to arrest Members wherever they
    may be found (IV, 3017), and the former leave for a committee to sit
    during sessions did not release its members from liability to arrest
    (IV, 3020). A motion to require the Sergeant-at-Arms to report progress
    in securing a quorum is in order during a call of the House (VI, 687). A
    Member who appears and answers is not subject to arrest (IV, 3019), and
    in a case in which a Member complained of wrongful arrest the House
    ordered the Sergeant-at-Arms to investigate and amend the return of his
    warrant (IV, 3021). A Member once arrested having escaped it was held
    that he might not be brought back on the same warrant (IV, 3022). A
    privileged motion to compel the attendance of absent Members is in order
    after the Chair has announced that a quorum has not responded on a
    negative recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386).

    [[Page 839]]

      The former practice of presenting Members at the bar during a call of
    the House (IV, 3030-3035) is obsolete, and Members now report to the
    Clerk and are recorded without being formally excused unless brought in
    under compulsion (VI, 684). Those present on a call may prescribe a fine
    as a condition of discharge, and the House has by resolution revoked all
    leaves of absence and directed the Sergeant-at-Arms to deduct from the
    salary of Members compensation for days absent without leave (VI, 30,
    198), but this penalty has been of rare occurrence (IV, 3013, 3014,
    3025). Having rejected a motion to adjourn, less than a quorum of the
    House rejected a motion directing the Sergeant-at-Arms to arrest absent
    Members, rejected a second motion to adjourn, and then adopted a motion
    authorizing the Speaker to compel the attendance of absent Members (Nov.
    2, 1987, p. 30387).
      The motion to dispense with further proceedings under the call of the
    House is not in order when a motion to arrest absent Members is pending
    (IV, 3029, 3037); is not entertained until a quorum responds on the
    call, but may be agreed to by less than a quorum thereafter (IV, 3038,
    3040; VI, 689; Sept. 11, 1968, p. 26453; Dec. 22, 1970, p. 43311); and
    is neither debatable nor subject to amendment, thus the motion to lay it
    on the table is not in order (Aug. 27, 1962, p. 17653; Dec. 18, 1970, p.
    42504).
      Form of resolution for the arrest of Members absent without leave (VI,
    686).
      During <> the call, which in
    later practice has been invoked only in the absence of a quorum,
    incidental motions may be agreed to by less than a quorum (IV, 2994,
    3029; VI, 681), and under clause 7 (formerly clause 6(a)(4) of rule XV)
    a point of order of no quorum may not be made during the offering,
    consideration, and disposition of any motion incidental to a call of the
    House. This includes motions for the previous question (V, 5458); to
    reconsider and to lay the motion to reconsider on the table (V, 5607,
    5608); to adjourn, which is in order even in the midst of the call of
    the roll for excuses (IV, 2998) or while the House is dividing on a
    motion for a call of the House (VIII, 2644), and which takes precedence
    over a motion to dispense with further proceedings under the call (VIII,
    2643); and an appeal from a decision of the Chair (IV, 3010, 3037; VI,
    681). The yeas and nays may also be ordered (IV, 3010), but a question
    of privilege may not be raised unless connected immediately with the
    proceedings (III, 2545). Motions not strictly incidental to the call are
    not admitted, as for a recess (IV, 2995, 2996), to excuse a Member from
    voting even when otherwise in order (IV, 3007), to enforce the statute
    relating to deductions of pay of Members for absence (IV, 3011; VI,
    682), to construe a rule or make a new rule (IV, 3008), or to order a
    change of a Journal record (IV, 3009). An appeal also may not be
    entertained during a call of the yeas and nays (V, 6051). A motion for a
    call of the House is not debatable (VI, 683, 688). The motion to compel
    the attendance of absent Members, being neither debatable nor amendable,

    [[Page 840]]

    is not subject to a motion to lay on the table (Speaker Wright, Nov. 2,
    1987, p. 30389).

      (c)(1) If <> the House
    should be without a quorum due to catastrophic circumstances, then--
          (A) until there appear in the House a sufficient number of
    Representatives to constitute a quorum among the whole number of the
    House, a quorum in the House shall be determined based upon the
    provisional number of the House; and
          (B) the provisional number of the House, as of the close of the
    call of the House described in subparagraph (3)(C), shall be the number
    of Representatives responding to that call of the House.
      (2) If a Representative counted in determining the provisional number
    of the House thereafter ceases to be a Representative, or if a
    Representative not counted in determining the provisional number of the
    House thereafter appears in the House, the provisional number of the
    House shall be adjusted accordingly.
      (3) For the purposes of subparagraph (1), the House shall be
    considered to be without a quorum due to catastrophic circumstances if,
    after a motion under paragraph (a) has been disposed of and without
    intervening adjournment, each of the following occurs in the stated
    sequence:
          (A) A call of the House (or a series of calls of the House) is
    closed after aggregating a period in excess of 72 hours (excluding time
    the

    [[Page 841]]

    House is in recess) without producing a quorum.
          (B) The Speaker--
              (i) with the Majority Leader and the Minority Leader (or their
    respective designees), receives from the Sergeant-at-Arms (or a
    designee) a catastrophic quorum failure report, as described in
    subparagraph (4);
              (ii) consults with the Majority Leader and the Minority Leader
    (or their respective designees) on the content of that report; and
              (iii) announces the content of that report to the House.
          (C) A further call of the House (or a series of calls of the
    House) is closed after aggregating a period in excess of 24 hours
    (excluding time the House is in recess) without producing a quorum.
      (4)(A) For purposes of subparagraph (3), a catastrophic quorum failure
    report is a report advising that the inability of the House to establish
    a quorum is attributable to catastrophic circumstances involving natural
    disaster, attack, contagion, or similar calamity rendering
    Representatives incapable of attending the proceedings of the House.
      (B) Such report shall specify the following:
          (i) The number of vacancies in the House and the names of former
    Representatives whose seats are vacant.
          (ii) The names of Representatives considered incapacitated.

    [[Page 842]]

          (iii) The names of Representatives not incapacitated but otherwise
    incapable of attending the proceedings of the House.
          (iv) The names of Representatives unaccounted for.
      (C) Such report shall be prepared on the basis of the most
    authoritative information available after consultation with the
    Attending Physician to the Congress and the Clerk (or their respective
    designees) and pertinent public health and law enforcement officials.
      (D) Such report shall be updated every legislative day for the
    duration of any proceedings under or in reliance on this paragraph. The
    Speaker shall make such updates available to the House.
      (5) An announcement by the Speaker under subparagraph (3)(B)(iii)
    shall not be subject to appeal.
      (6) Subparagraph (1) does not apply to a proposal to create a vacancy
    in the representation from any State in respect of a Representative not
    incapacitated but otherwise incapable of attending the proceedings of
    the House.
      (7) For purposes of this paragraph:
          (A) The term ``provisional number of the House'' means the number
    of Representatives upon which a quorum will be computed in the House
    until Representatives sufficient in number to constitute a quorum among
    the whole number of the House appear in the House.
          (B) The term ``whole number of the House'' means the number of
    Representatives chosen,

    [[Page 843]]

    sworn, and living whose membership in the House has not been terminated
    by resignation or by the action of the House.

      This paragraph was added in the 109th Congress (sec. 2(h), H. Res. 5,
    Jan. 4, 2005, p. 43). It was amended in the 111th Congress to correct a
    cross-reference and to eliminate a gender-based reference (secs. 2(l),
    2(m), H. Res. 5, Jan. 6, 2009, p. 7) and in the 113th Congress to add
    designees to subparagraph (3)(B) (sec. 2(f), H. Res. 5, Jan. 3, 2013, p.
    _). In extraordinary circumstances, section 8 of title 2, United States
    Code, prescribes special election rules to expedite the filling of
    vacancies in representation of the House.
      (d) <> Upon the death,
    resignation, expulsion, disqualification, removal, or swearing of a
    Member, the whole number of the House shall be adjusted accordingly. The
    Speaker shall announce the adjustment to the House. Such an announcement
    shall not be subject to appeal. In the case of a death, the Speaker may
    lay before the House such documentation from Federal, State, or local
    officials as the Speaker deems pertinent.

      This paragraph was added in the 108th Congress (sec. 2(l), H. Res. 5,
    Jan. 7, 2003, p. 7). In the 109th Congress it was redesignated from
    paragraph (c) to paragraph (d) and the Speaker's responsibility to
    announce an adjustment was extended to the swearing of a Member (sec.
    2(h), H. Res. 5, Jan. 4, 2005, p. 43). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7).
      6. (a) <> When a quorum fails to vote on a question, a quorum is not
    present, and objection is made for that cause (unless the House shall
    adjourn)--
          (1) there shall be a call of the House;
          (2) the Sergeant-at-Arms shall proceed forthwith to bring in
    absent Members; and

    [[Page 844]]

          (3) the yeas and nays on the pending question shall at the same
    time be considered as ordered.
      (b) The Clerk shall record Members by the yeas and nays on the pending
    question, using such procedure as the Speaker may invoke under clause 2,
    3, or 4. Each Member arrested under this clause shall be brought by the
    Sergeant-at-Arms before the House, whereupon the Member shall be noted
    as present, discharged from arrest, and given an opportunity to vote;
    and such vote shall be recorded. If those voting on the question and
    those who are present and decline to vote together make a majority of
    the House, the Speaker shall declare that a quorum is constituted, and
    the pending question shall be decided as the requisite majority of those
    voting shall have determined. Thereupon further proceedings under the
    call shall be considered as dispensed with.
      (c) At any time after Members have had the requisite opportunity to
    respond by the yeas and nays ordered under this clause, but before a
    result has been announced, a motion that the House adjourn shall be in
    order if seconded by a majority of those present, to be ascertained by
    actual count by the Speaker. If the House adjourns on such a motion, all
    proceedings under this clause shall be considered as vacated.

      This clause (formerly clause 4 of rule XV) was adopted in 1896 (IV,
    3041; VI, 690); and amended in 1972 to make its provisions subject to
    clause 2 (formerly clause 5) of this rule (H. Res. 1123, 92d Cong., p.
    36012). Paragraph (c) was amended to clarify the privileged nature of
    the motion to adjourn during the call in the 108th Congress (sec. 2(m),
    H. Res. 5, Jan.

    [[Page 845]]

    7, 2003, p. 7) and the 111th Congress (sec. 2(m), H. Res. 5, Jan. 6,
    2009, p. 9), when gender-based references were also eliminated (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 4
    of rule XV (H. Res. 5, Jan. 6, 1999, p. 47).
      Where objection is raised to a vote in the House on the ground that a
    quorum is not present, and a quorum is in fact not present, the Speaker
    may direct that the call of the House be taken by electronic device
    under clause 2 (formerly clause 5), or may direct the Clerk to call the
    roll pursuant to this clause (May 16, 1973, p. 15860).
      It applies only to votes in which a quorum is required, and hence does
    not apply to an affirmative vote on a motion to adjourn (July 25, 1949,
    p. 10092; Nov. 4, 1983, p. 30946; Aug. 4, 2007, p. 22990), or motions
    incidental to a call of the House that may be agreed to by less than a
    quorum (IV, 2994, 3029; VI, 681), or to a call when there is no question
    pending (IV, 2990). Although a quorum is not required to adjourn, a
    point of no quorum on a negative vote on adjournment, if sustained,
    precipitates a call of the House under the rule (VI, 700; June 4, 1951,
    pp. 6097, 6098; June 15, 1951, p. 6621). Where less than a quorum
    rejects a motion to adjourn, the House may not consider business but may
    dispose of motions to compel the attendance of absent Members (Nov. 2,
    1987, p. 30387).
      When a Member objects to a vote on the ground that a quorum is not
    present and makes the point of order under this clause, the Speaker may
    count the House and determine the presence of a quorum and is not
    required to announce the actual count under the first sentence of this
    clause (Sept. 30, 1981, p. 22456). Where the Speaker ascertains the
    presence of a quorum by actual count following an objection to a vote
    under this clause, or on a rejected demand for the yeas and nays and a
    division vote is then taken on the pending question, the division vote
    is intervening business (see VIII, 2804) permitting another objection to
    the lack of a quorum, and the Speaker must again count the House (Mar.
    17, 1976, p. 6792; Aug. 2, 1979, p. 22006). However, where the announced
    absence of a quorum has resulted in a record vote under this clause (on
    the Speaker's approval of the Journal), the House may not, even by
    unanimous consent, vacate the vote in order to conduct another voice
    vote in lieu of the record vote, because no business, including a
    unanimous-consent agreement, is in order in the announced absence of a
    quorum (July 13, 1983, p. 18844; Feb. 24, 1988, p. 2450). The House
    having authorized the Speaker to compel the attendance of absent
    Members, the Speaker announced that the Sergeant-at-Arms would proceed
    with necessary and efficacious steps, and that pending the establishment
    of a quorum no further business, including unanimous-consent requests
    for recess authority, could be entertained (Nov. 2, 1987, p. 30389).

    [[Page 846]]

      Under <> this
    clause the roll is called twice, and those appearing after their names
    are called may vote (IV, 3052). A motion to adjourn may be made before
    the call begins (IV, 3050). After the roll has been called, and while
    the proceedings to obtain a quorum are going on, motions to excuse
    Members are in order (IV, 3051).
      The Sergeant-at-Arms is required to detain those who are present and
    bring in absentees (IV, 3045-3048), and does this without the authority
    of a resolution adopted by those present (IV, 3049). There is doubt as
    to whether or not a warrant is necessary but it is customary for the
    Speaker to issue one on the authority of the rule (IV, 3043; VI, 702).
    When arrested, Members are arraigned at the bar, and either vote or are
    noted as present, after which they are discharged (IV, 3044).
      When a quorum fails to vote on a yea-and-nay vote on a motion that
    requires a quorum to be present, and a quorum is not present, the Chair
    takes notice of the fact, and unless the House adjourns, a call of the
    House is ordered by the Chair under this rule, and the vote is taken on
    the question de novo (IV, 3045, 3052; VI, 679). If the House does
    adjourn, the question is put de novo the next meeting day (Oct. 10,
    1940, p. 13535).
      An automatic roll call results under this rule when the objection that
    a quorum is not present and voting is made after a viva voce vote (VI,
    697). An automatic roll call under this rule is not in order in
    Committee of the Whole (Aug. 2, 1966, p. 17844). Pursuant to clause 8,
    if a vote is objected to under this clause, further proceedings may be
    postponed, in which case the question is put de novo when that vote
    recurs as unfinished business. Furthermore, when such proceedings are
    postponed, the point of order that a quorum is not present is considered
    as withdrawn because no longer in order (a question not being put after
    the Speaker's announcement of postponement) (see clause 7, infra).

      7. (a) <> The Speaker may
    not entertain a point of order that a quorum is not present unless a
    question has been put to a vote.
      (b) <> Subject to paragraph (c) the Speaker may recognize
    a Member, Delegate, or Resident Commissioner to move a call of the House
    at any time. When a quorum is established pursuant to a call of the
    House, further proceedings under the call shall be considered as
    dispensed with unless the

    [[Page 847]]

    Speaker recognizes for a motion to compel attendance of Members under
    clause 5(b).
      (c) <> A call of the House shall not be in order after the previous
    question is ordered unless the Speaker determines by actual count that a
    quorum is not present.

      Paragraphs (a) and (b) were adopted in the 93d Congress (H. Res. 998,
    Apr. 9, 1974, pp. 10195-99) and amended in the 95th Congress (H. Res. 5,
    Jan. 4, 1977, pp. 53-70) and in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16) to dispense with further proceedings under any call of
    the House when a quorum appears unless the Speaker chooses to recognize
    for a motion. Paragraph (c) (formerly clause 2 of rule XVII) was adopted
    in 1860 (V, 5447). Before the House recodified its rules in the 106th
    Congress, paragraphs (a) and (b) were found in former clause 6 of rule
    XV and paragraph (c) was found in former clause 2 of rule XVII. The
    106th Congress also transferred former clause 6(b) of rule XV to clause
    6(d) of rule XVIII (H. Res. 5, Jan. 6, 1999, p. 47).
      Under this clause the Speaker may not entertain a point of order of no
    quorum when the Speaker has not put a question to a vote in the House
    (Speaker O'Neill, Jan. 11, 1977, p. 891; Jan. 31, 1977, p. 2640; Sept.
    30, 1997, p. 20837; July 21, 1998, p. 16342; June 14, 2001, p. 10725).
    The Chair may not entertain a point of order of no quorum pending a
    request that a committee be permitted to sit under the five-minute rule,
    because the Chair has not put the question on a pending proposition to a
    vote (June 18, 1980, p. 15316). However, under this clause the Speaker
    may at any time choose to recognize a Member to move a call of the House
    (Speaker O'Neill, Jan. 19, 1977, p. 1719; Jan. 31, 1977, p. 2640; Aug.
    6, 1986, p. 19370), or may choose not to do so (Sept. 30, 1997, p.
    20837), or by unanimous consent may initiate a call of the House without
    motion (Speaker Foley, Mar. 14, 1990, p. 4324) even, for example, before
    the call of the Private Calendar, which is in order after approval of
    the Journal and disposition of business on the Speaker's table (July 8,
    1987, p. 18972). When one Member is already under recognition for
    debate, however, another Member may be recognized to move a call of the
    House only if the first Member yields for that purpose (July 23, 1998,
    p. 16989). For precedents addressing timeliness in raising a point of
    order of no quorum, see Deschler, ch. 20, Sec. 13.
      The Speaker's refusal to entertain a point of order of no quorum when
    a pending question has not been put to a vote is not subject to an
    appeal, because the clause contains an absolute and unambiguous
    prohibition against entertaining such a point of order (Sept. 16, 1977,
    p. 29562). During debate on a measure in the House the Speaker will not
    respond to an

    [[Page 848]]

    inquiry as to the number of Members present in the Chamber, because a
    point of no quorum is not admissible unless the Speaker has put the
    pending question to a vote (Oct. 28, 1987, p. 29682).
      In adopting this rule, the House has manifested a determination that
    the mere conduct of debate in the House, where the Chair has not put the
    pending motion or proposition to a vote, is not such business as
    requires a quorum under the Constitution (art. I, sec. 5, cl. 1), and
    neither a point of order of no quorum during debate only nor a point of
    order against the enforcement of this clause lies independently under
    the Constitution (Sept. 8, 1977, p. 28114; Sept. 12, 1977, p. 28800;
    Feb. 27, 1986, p. 3060).

    Postponement of proceedings
      8. (a)(1) <> When a
    recorded vote is ordered, or the yeas and nays are ordered, or a vote is
    objected to under clause 6--
          (A) on any of the questions specified in subparagraph (2), the
    Speaker may postpone further proceedings to a designated place in the
    legislative schedule within two additional legislative days; and
          (B) on the question of agreeing to the Speaker's approval of the
    Journal, the Speaker may postpone further proceedings to a designated
    place in the legislative schedule on that legislative day.
      (2) The questions described in subparagraph (1) are as follows:
          (A) The question of passing a bill or joint resolution.
          (B) The question of adopting a resolution or concurrent
    resolution.
          (C) The question of agreeing to a motion to instruct managers on
    the part of the House (except that proceedings may not resume on such a
    motion under clause 7(c) of rule XXII

    [[Page 849]]

    if the managers have filed a report in the House).
          (D) The question of agreeing to a conference report.
          (E) The question of ordering the previous question on a question
    described in subdivision (A), (B), (C), or (D).
          (F) The question of agreeing to a motion to suspend the rules.
          (G) The question of agreeing to a motion to reconsider or the
    question of agreeing to a motion to lay on the table a motion to
    reconsider.
          (H) The question of agreeing to an amendment reported from the
    Committee of the Whole.
      (b) At the time designated by the Speaker for further proceedings on
    questions postponed under paragraph (a), the Speaker shall resume
    proceedings on each postponed question.
      (c) The Speaker may reduce to five minutes the minimum time for
    electronic voting on a question postponed under this clause, or on a
    question incidental thereto, that--
          (1) follows another electronic vote without intervening business,
    so long as the minimum time for electronic voting on the first in any
    series of questions is 15 minutes; or
          (2) follows a report from the Committee of the Whole without
    intervening debate or motion if in the discretion of the Speaker Members
    would be afforded an adequate opportunity to vote.

    [[Page 850]]

      (d) If the House adjourns on a legislative day designated for further
    proceedings on questions postponed under this clause without disposing
    of such questions, then on the next legislative day the unfinished
    business is the disposition of such questions.

      This provision (formerly clause 5(b) of rule I) was added in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, p. 7), and paragraph (a) was amended
    in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to
    consolidate most authority for the postponing of further proceedings on
    certain questions into this paragraph. This consolidation was
    accomplished with the addition of the authority to postpone further
    proceedings on reports from the Committee on Rules and motions to
    suspend the rules. The Speaker was granted additional authority to
    postpone further proceedings as follows: (1) the Speaker's approval of
    the Journal until later that legislative day in the 98th Congress (H.
    Res. 5, Jan. 3, 1983, p. 34); (2) motions to instruct conferees under
    clause 7(c) of rule XXII in the 101st Congress (H. Res. 5, Jan. 3, 1989,
    p. 72); (3) the original motion to instruct conferees in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. 47); (4) ordering the previous
    question on another question that is, itself, susceptible of
    postponement (and the list was reordered) in the 104th Congress (sec.
    223(a), H. Res. 6, Jan. 4, 1995, p. 469); (5) certain questions during
    consideration of bills called from the Corrections Calendar in the 105th
    Congress (H. Res. 5, Jan. 7, 1997, p. 121), but that provision was
    stricken in the 109th Congress when the Corrections Calendar was
    repealed (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. 43); (6) questions
    incidental to a postponed question (and to permit the first postponed
    vote in a series to be a five-minute vote if it immediately follows a
    15-minute vote (now paragraph (c)(1)) in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47); (7) the question of agreeing to the motion to
    reconsider, the question of agreeing to the motion to lay on the table a
    motion to reconsider, and the question of agreeing to an amendment
    reported from the Committee of the Whole in the 109th Congress (sec.
    2(i), H. Res. 5, Jan. 4, 2005, p. 43). Paragraph (c)(2) was added in the
    113th Congress to grant the Chair discretion to conduct a five-minute
    vote in the House following a report of the Committee of the Whole in
    certain circumstances (sec. 2(b)(2), H. Res. 5, Jan. 3, 2013, p. _).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 5(b) of rule I (H. Res. 5, Jan. 6,
    1999, p. 47). Technical corrections to paragraphs (a), (b), and (d) of
    clause 8 were effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan.
    7, 2003, p. 7).
      The Speaker first exercised the authority to postpone a record vote on
    the approval of the Journal on November 10, 1983 (p. 32097). That
    authority includes the power to postpone a division vote on the approval
    of the Journal that is objected to under clause 6 of rule XX (formerly
    clause 4

    [[Page 851]]

    of rule XV) (Sept. 21, 1993, p. 21820). On questions not enumerated in
    this paragraph, such as the initial motion to instruct conferees before
    the 106th Congress (Oct. 6, 1986, p. 28704), a motion to concur in a
    Senate amendment (e.g., Oct. 12, 2011, p. _), or a motion to recommit
    (e.g., June 12, 2014, p. _) unanimous consent is required to permit the
    Speaker to postpone such record votes. The House by unanimous consent
    has authorized the Speaker to postpone further proceedings on a
    specified class of record votes to a date certain beyond the two
    legislative days permitted under this clause (e.g., Sept. 17, 2003, p.
    22272).
      Pursuant to clause 7 of rule XX (formerly clause 6(e) of rule XV),
    prohibiting a point of order of no quorum unless the Speaker has put the
    pending proposition to a vote, the Speaker announces, after postponing a
    vote on a motion to suspend the rules where objection has been made to
    the vote on the grounds that a quorum is not present, that the point of
    order is considered as withdrawn, because the Chair is no longer putting
    the question (May 16, 1977, p. 14785). Clause 8(a) of rule XX (formerly
    clause 5(b) of rule I) does not require the Chair's customary
    announcement at the beginning of consideration of motions to suspend the
    rules that the Chair intends to postpone possible record votes (Feb. 23,
    1993, p. 3281; Nov. 14, 1995, p. 32385).
      Under the authority to postpone further proceedings on a specified
    question to a designated time within two legislative days, the Speaker
    may simultaneously designate separate times for the resumption of
    proceedings on separate postponed questions (Mar. 3, 1992, p. 4072).
    Once the Speaker has postponed record votes to a designated place in the
    legislative schedule, the Speaker may subsequently redesignate the time
    when the votes will be taken within the appropriate period (June 6,
    1984, p. 15080; Oct. 3, 1988, pp. 27782, 27878). When the House adjourns
    on the second legislative day after postponement of a question under
    this clause without resuming proceedings thereon, the question remains
    unfinished business on the next legislative day (Oct. 1, 1997, p.
    20922).
      Having clustered record votes on motions to suspend the rules and then
    having clustered record votes on passage of other measures considered
    immediately after debate on the suspension motions, the Speaker may,
    pursuant to this clause, conduct all the postponed votes in one sequence
    and reduce to five minutes the time for all electronic votes after the
    first suspension vote (May 17, 1983, p. 12508; Oct. 2, 1989, p. 22724).
    However, the Chair may decline to recognize for a unanimous-consent
    request to reduce to five minutes the first vote in the series, because
    the bell and light system would not give adequate notice of the initial
    five-minute vote (Oct. 8, 1985, p. 26666; see also Sec. 1032, infra).
    Before the 106th Congress, where a series of votes had been postponed
    pursuant to this clause to occur following a 15-minute vote on another
    measure not a part of that series, the vote on the first postponed
    measure could have been reduced to five minutes only by unanimous
    consent (May 24, 1983, p. 13595; July 22, 1996, p. 18410). By unanimous
    consent waiving the five-minute min

    [[Page 852]]

    imum set by paragraph (c) (formerly clause 5(b)(3) of rule I), the House
    has authorized the Speaker to put remaining postponed questions to two-
    minute electronic votes (Oct. 4, 1988, pp. 28126, 28148). The Speaker
    may entertain a unanimous-consent request for the consideration of a
    similar Senate measure following passage of a House bill and before the
    next postponed vote (Feb. 15, 1983, p. 2175). Because a resolution
    raising a question of the privileges of the House takes precedence over
    a motion to suspend the rules, it may be offered and voted on between
    motions to suspend the rules on which the Speaker has postponed record
    votes (May 17, 1983, p. 12486). Proceedings may not resume on a
    postponed question of agreeing to a motion to instruct offered pursuant
    to clause 7(c) of rule XXII after the managers have filed a conference
    report in the House (e.g., Oct. 19, 1999, p. 25961).
      For several years before the 107th Congress, special rules adopted by
    the House commonly provided the chair of the Committee of the Whole
    authority to postpone and cluster requests for recorded votes on
    amendments. In the 107th Congress that authority was given to the chair
    in the standing rules by adoption of a new clause 6(g) of rule XVIII.
    For a discussion of such authority, see Sec. 984, supra.

      Former <> clause 2 of rule VIII was
    adopted in 1880, although the practice of pairing had then existed in
    the House for many years (V, 5981). The language of the clause was
    slightly altered by amendment in 1972 to reflect the installation of
    electronic voting in the 93d Congress (H. Res. 1123, Oct. 13, 1972, pp.
    36005-12). It was amended in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20) to permit pairs to be announced in the Committee of the
    Whole. Former clause 2 of rule VIII was deleted in the 106th Congress
    (H. Res. 5, Jan. 6, 1999, p. 47). ``Live'' pairs still may be announced
    under clause 3 of rule XX (Sec. 1015, supra).
      Before the 106th Congress, pairs were not announced at a time other
    than that prescribed by the former rule (V, 6046), and the voting
    intentions of an absent Member were not otherwise announced by a
    colleague (VIII, 3151). Before the 94th Congress pairs were not
    permitted in Committee of the Whole (V, 5984; Speaker Albert, Jan. 15,
    1973, p. 1054). The House did not consider questions arising out of the
    breaking of a pair (V, 5982, 5983, 6095; VIII, 3082, 3085, 3087-3089,
    3093), or permit a Member to vote after the call on the plea that he had
    refrained because of misunderstanding as to a pair (V, 6080, 6081).
    Discussion of the origin of the practice of pairing in the House and
    Senate (VIII, 3076). On questions requiring a two-thirds majority
    Members were paired two in the affirmative against one in the negative
    (VIII, 3088; Nov. 15, 1983, p. 32685). For Speaker Clark's
    interpretation of the rule and practice regarding pairs, see VIII, 3089.

    [[Page 853]]

    Five-minute votes-
      9. <> The Speaker may reduce to five
    minutes the minimum time for electronic voting--
          (a) on any question arising without intervening business after an
    electronic vote on another question if notice of possible five-minute
    voting for a given series of votes was issued before the preceding
    electronic vote;
          (b) on any question arising after a report from the Committee of
    the Whole without debate or intervening motion; or
          (c) on the question of adoption of a motion to recommit (or
    ordering the previous question thereon) arising without intervening
    motion or debate other than debate on the motion.

      The Speaker's authority to reduce record votes to five minutes
    gradually expanded over the years as follows: (1) on a bill, resolution,
    or conference report following a vote on a motion to recommit as first
    added in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16); (2) on
    amendments reported from the Committee of the Whole following a vote on
    the first such amendment, as added in the 101st Congress (H. Res. 5,
    Jan. 3, 1989, p. 72); (3) on adoption of a special order of business
    following a vote on ordering the previous question thereon as added in
    the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49), and expanded to any
    underlying question following a vote on ordering the previous question
    in the 104th Congress (sec. 223(e), H. Res. 6, Jan. 4, 1995, p. 469);
    (4) on any incidental question under this clause as added in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. 47); and (5) on any question
    arising without intervening business after an electronic vote on another
    question in the 108th Congress (sec. 2(n), H. Res. 5, Jan. 7, 2003, p.
    7), in each instance provided the first vote in any series was a 15-
    minute vote. In the 113th Congress, paragraphs (b) and (c) were added to
    allow five-minute voting in certain circumstances not immediately
    preceded by a 15-minute vote (sec. 2(b)(2), H. Res. 5, Jan. 3, 2013, p.
    _). Previously, this clause did not give the Chair the authority to
    reduce to five minutes the vote on a motion to recommit occurring
    immediately after a recorded vote on an amendment reported from the
    Committee of the Whole (June 29, 1994, p. 15107). Before the House
    recodified its rules in

    [[Page 854]]

    the 106th Congress, this provision was found in former clause 5(b) of
    rule XV (H. Res. 5, Jan. 6, 1999, p. 47).
      The Chair does not entertain a unanimous-consent request to reduce a
    vote below the minimum if Members have not been given sufficient notice
    (e.g., July 14, 1999, p. 16008; June 23, 2004, p. 13734; Sept. 15, 2005,
    p. 20442; July 19, 2007, p. 19838). However, the Chair may entertain
    such a request when circumstances ensure sufficient notice (June 24,
    2005, pp. 14220, 14232; June 15, 2007, pp. 15971, 15999). The House has
    by unanimous consent authorized the Speaker to reduce to two minutes
    electronic votes conducted under this clause (e.g., July 23, 2007, p.
    20108).
      Where five-minute voting is interrupted by a one-minute speech,
    unanimous consent is required to continue five-minute voting (June 25,
    2002, p. 11211). A voice vote on the question of adoption of a
    resolution following a 15-minute vote on ordering the previous question
    is not construed as ``intervening business'' such as would preclude
    five-minute votes on certain postponed questions (Sept. 26, 2002, pp.
    18096, 18097). In the 95th Congress, the Speaker announced that changes
    could be made electronically at any time during a vote reduced to five
    minutes under the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70) and
    changes may now be made electronically on a vote of a minimum duration
    of less than 15 minutes. Once the Clerk has announced changes, the
    voting stations close and further changes must be made in the well (Nov.
    17, 2005, p. 26580).

    Automatic yeas and nays
      10. <> The
    yeas and nays shall be considered as ordered when the Speaker puts the
    question on passage of a bill or joint resolution, or on adoption of a
    conference report, making general appropriations, or increasing Federal
    income tax rates (within the meaning of clause 5 of rule XXI), or on
    final adoption of a concurrent resolution on the budget or conference
    report thereon.

      This clause was adopted in the 104th Congress (sec. 214, H. Res. 6,
    Jan. 4, 1995, p. 468). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 7 of rule XV
    (H. Res. 5, Jan. 6, 1999, p. 47). The Chair announced the ordering of
    the yeas and nays under this clause on passage of a measure not only
    further continuing appropriations for the current fiscal year but also:
    (1) enacting by reference six general appropriation bills (Oct. 21,
    2003, pp. 25314, 25315); (2) including the texts of two general
    appropriation bills (Mar. 6, 2013, p. _).

    [[Page 855]]

    Ballot votes
      11. <> In a case of ballot for
    election, a majority of the votes shall be necessary to an election.
    When there is not such a majority on the first ballot, the process shall
    be repeated until a majority is obtained. In all balloting blanks shall
    be rejected, may not be counted in the enumeration of votes, and may not
    be reported by the tellers.

      This rule was first adopted in 1789 and was amended in 1837 (V, 6003).
    It was renumbered January 3, 1953 (p. 24). The last election by ballot
    seems to have occurred in 1868 (V, 6003).

                                    Rule XXI

                          restrictions on certain bills

    Reservation of certain points of order
      1. <> At the time a
    general appropriation bill is reported, all points of order against
    provisions therein shall be considered as reserved.

      This clause was added in the 104th Congress (sec. 215(e), H. Res. 6,
    Jan. 4, 1995, p. 468), rendering unnecessary the former practice that a
    Member reserve points of order when a general appropriation bill was
    referred to the calendar of the Committee of the Whole House on the
    state of the Union, in order that provisions in violation of rule XXI
    could be stricken in the Committee of the Whole (see Sec. 1044, infra).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 8 of rule XXI (H. Res. 5, Jan. 6,
    1999, p. 47).

    [[Page 856]]

    General appropriation bills and amendments
      2. (a)(1) <> An appropriation
    may not be reported in a general appropriation bill, and may not be in
    order as an amendment thereto, for an expenditure not previously
    authorized by law, except to continue appropriations for public works
    and objects that are already in progress.
      (2) <> A
    reappropriation of unexpended balances of appropriations may not be
    reported in a general appropriation bill, and may not be in order as an
    amendment thereto, except to continue appropriations for public works
    and objects that are already in progress. This subparagraph does not
    apply to transfers of unexpended balances within the department or
    agency for which they were originally appropriated that are reported by
    the Committee on Appropriations.
      (b) <> A provision changing existing law may not be
    reported in a general appropriation bill, including a provision making
    the availability of funds contingent on the receipt or possession of
    information not required by existing law for the period of the
    appropriation, except germane provisions that retrench expenditures by
    the reduction of amounts of money covered by the bill (which may include
    those recommended to the Committee on Appropriations by direction of a
    legislative committee having jurisdiction over the

    [[Page 857]]

    subject matter) and except rescissions of appropriations contained in
    appropriation Acts.
      (c) <> An amendment to a general appropriation
    bill shall not be in order if changing existing law, including an
    amendment making the availability of funds contingent on the receipt or
    possession of information not required by existing law for the period of
    the appropriation. Except as provided in paragraph (d), an amendment
    proposing a limitation not specifically contained or authorized in
    existing law for the period of the limitation shall not be in order
    during consideration of a general appropriation bill.
      (d) <> After a general appropriation bill has been read for
    amendment, a motion that the Committee of the Whole House on the state
    of the Union rise and report the bill to the House with such amendments
    as may have been adopted shall, if offered by the Majority Leader or a
    designee, have precedence over motions to amend the bill. If such a
    motion to rise and report is rejected or not offered, amendments
    proposing limitations not specifically contained or authorized in
    existing law for the period of the limitation or proposing germane
    amendments that retrench expenditures by reductions of amounts of money
    covered by the bill may be considered.
      (e) <> A provision other than an appropriation
    designated an emergency under section 251(b)(2) or section 252(e) of the
    Balanced Budget and Emer

    [[Page 858]]

    gency Deficit Control Act, a rescission of budget authority, or a
    reduction in direct spending or an amount for a designated emergency may
    not be reported in an appropriation bill or joint resolution containing
    an emergency designation under section 251(b)(2) or section 252(e) of
    such Act and may not be in order as an amendment thereto.
      (f) <> During the reading of an appropriation bill for amendment in
    the Committee of the Whole House on the state of the Union, it shall be
    in order to consider en bloc amendments proposing only to transfer
    appropriations among objects in the bill without increasing the levels
    of budget authority or outlays in the bill. When considered en bloc
    under this paragraph, such amendments may amend portions of the bill not
    yet read for amendment (following disposition of any points of order
    against such portions) and are not subject to a demand for division of
    the question in the House or in the Committee of the Whole.

      The <> 25th
    Congress in 1837 was the first to adopt a rule prohibiting
    appropriations in a general appropriation bill or amendment thereto not
    previously authorized by law, in order to prevent delay of appropriation
    bills because of contention over propositions of legislation. In 1838
    that Congress added the exception to permit unauthorized appropriations
    for continuation of works in progress and for contingencies for carrying
    on departments of the Government. The rule remained in that form until
    the 44th Congress in 1876, when William S. Holman of Indiana persuaded
    the House to amend the rule to permit germane legislative retrenchments.
    In 1880, the 46th Congress dropped the exception that permitted
    unauthorized appropriations for contingencies of Government departments,
    and modified the ``Holman Rule'' to define retrenchments as the
    reduction of the number and salary of officers of the United States, the
    reduction of compensation of any person paid out of the Treasury of the
    United States, or the reduction

    [[Page 859]]

    of the amounts of money covered by the bill. That form of the
    retrenchment exception remained in place until the 49th Congress in
    1885, when it was dropped until the 52d Congress in 1891, and then
    reinserted through the 53d Congress until 1894. It was again dropped in
    the 54th Congress from 1895 until reinserted in the 62d Congress in 1911
    (IV, 3578; VII, 1125).
      The clause remained unamended until January 3, 1983, when the 98th
    Congress restructured it in the basic form of paragraphs (a)-(d).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress, including a change to clause 2(a)(2) to
    clarify that the point of order lies against the offending provision in
    the text and not against consideration of the entire bill. At that time
    former clause 6 was transferred to clause 2(a)(2) and former clause 2(a)
    became clause 2(a)(1) (H. Res. 5, Jan. 6, 1999, p. 47).
      Paragraph (a)(1) (formerly paragraph (a)) retained the prohibition
    against unauthorized appropriations in general appropriation bills and
    amendments thereto except in continuation of works in progress.
      Paragraph (a)(2) (formerly clause 6), from section 139(c) of the
    Legislative Reorganization Act of 1946 (2 U.S.C. 190f(c)), was made part
    of the standing rules in the 83d Congress (Jan. 3, 1953, p. 24).
    Previously, a reappropriation of an unexpended balance for an object
    authorized by law was in order on a general appropriation bill (IV,
    3591, 3592; VII, 1156, 1158). This provision was amended in the 99th
    Congress by section 228(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177) to permit the Committee on
    Appropriations to report transfers of unexpended balances within the
    department or agency for which originally appropriated.
      Paragraph (b) narrowed the ``Holman Rule'' exception from the
    prohibition against legislation to cover only retrenchments reducing
    amounts of money included in the bill as reported, and permitted
    legislative committees with proper jurisdiction to recommend such
    retrenchments to the Appropriations Committee for discretionary
    inclusion in the reported bill. The last exception in paragraph (b),
    permitting the inclusion of legislation rescinding appropriations in
    appropriation Acts, was added in the 99th Congress by the Balanced
    Budget and Emergency Deficit Control Act of 1985 (sec. 228(a), P.L. 99-
    177). The latter feature of the paragraph does not extend to a
    rescission of budget authority provided by a law other than an
    appropriation Act (see, Sec. 1052, infra). In the 105th Congress
    paragraph (b) was amended to treat as legislation a provision reported
    in a general appropriation bill that makes funding contingent on whether
    circumstances not made determinative by existing law are ``known'' (H.
    Res. 5, Jan. 7, 1997, p. 121).
      Paragraph (c) retained the prohibition against amendments changing
    existing law but permitted limitation amendments during the reading of
    the bill by paragraph only if specifically authorized by existing law
    for the period of the limitation. In the 105th Congress paragraph (c)
    was amended to treat as legislation an amendment to a general
    appropriation

    [[Page 860]]

    bill that makes funding contingent on whether circumstances not made
    determinative by existing law are ``known'' (H. Res. 5, Jan. 7, 1997, p.
    121).
      Paragraph (d) provided a new procedure for consideration of
    retrenchment and other limitation amendments only when the reading of a
    general appropriation bill has been completed and only if the Committee
    of the Whole does not adopt a motion to rise and report the bill back to
    the House (H. Res. 5, Jan. 3, 1983, p. 34). In the 104th Congress
    paragraph (d) was amended to limit the availability of the preferential
    motion to rise and report to the Majority Leader or a designee (sec.
    215(a), H. Res. 6, Jan. 4, 1995, p. 468). In the 105th Congress it was
    further amended to make the motion preferential to any motion to amend
    at that stage (H. Res. 5, Jan. 7, 1997, p. 121).
      Paragraphs (e) and (f) were added in the 104th Congress (sec. 215, H.
    Res. 6, Jan. 4, 1995, p. 468). Paragraph (e) was not effective with
    respect to discretionary spending from 2002 to 2011 (from the expiration
    of section 251 of the Balanced Budget and Emergency Deficit Control Act
    by operation of section 275 of that Act until its revival by the Budget
    Control Act of 2011) (sec. 104, P.L. 112-25). A technical correction to
    paragraph (f) was effected in the 109th Congress (sec. 2(l), H. Res. 5,
    Jan. 4, 2005, p. 44).

      As the rule <> applies only to general appropriation
    bills, which are not enumerated or defined in the rules (VII, 1116),
    bills appropriating only for one purpose have been held not to be
    ``general'' within the meaning of this clause (VII, 1122). The following
    have been held not to be ``general appropriation bills'' within the
    purview of this clause: (1) a joint resolution providing an
    appropriation for a single Government agency (Jan. 31, 1962, p. 1352);
    (2) a joint resolution only containing continuing appropriations for
    diverse agencies to provide funds until regular appropriation bills are
    enacted (Sept. 21, 1967, p. 26370); (3) a joint resolution providing an
    appropriation for a single Government agency and permitting a transfer
    of a portion of those funds to another agency (Oct. 25, 1979, p. 29627);
    (4) a joint resolution transferring funds already appropriated from one
    specific agency to another (Mar. 26, 1980, p. 6716); (5) a joint
    resolution transferring unobligated balances to the President to be
    available for specified purposes but containing no new budget authority
    (Mar. 3, 1988, p. 3239).
      A point of order under this rule does not apply to a special order
    reported from the Committee on Rules ``self-executing'' the adoption in
    the House of an amendment changing existing law (July 27, 1993, p.
    17117). By unanimous consent the Committee of the Whole may vacate
    proceedings under specified points of order (June 7, 1991, p. 13973). A
    point of order may be withdrawn as a matter of right (in the Committee
    of the Whole as well as in the House) before action thereon (May 19,
    2000, p. 8600).

    [[Page 861]]

      As all bills making or authorizing appropriations require
    consideration in Committee of the Whole, it follows that the enforcement
    of the rule must ordinarily occur during consideration in Committee of
    the Whole, where the Chair, in response to a point of order, may rule
    out any portion of the bill in conflict with the rule (IV, 3811; Sept.
    8, 1965, pp. 23140, 23182). Portions of the bill thus stricken are not
    reported back to the House. Before the adoption of clause 1 (formerly
    clause 8) in the 104th Congress (see Sec. 1035, supra), it was necessary
    that a Member reserve points of order when a general appropriation bill
    was referred to the Union Calendar, in order that provisions in
    violation of the rule could be stricken in the Committee (V, 6921-6925;
    VIII, 3450; Feb. 6, 1926, p. 3456). Where points of order had been
    reserved pending a unanimous-consent request that the committee be
    permitted to file its report when the House would not be in session, it
    was not necessary that they be reserved again when the report ultimately
    was presented as privileged when the House was in session, because the
    initial reservation carried over to the subsequent filing (Mar. 1, 1983,
    p. 3241). In an instance in which points of order were not reserved
    against an appropriation bill when it was reported, points of order in
    the Committee against a proposition in violation of this clause were
    overruled on the ground that the chair of the Committee lacked authority
    to pass upon the question (Apr. 8, 1943, p. 3150, 3153).
      The enforcement of the rule also occurs in the House in that a motion
    to recommit a general appropriation bill may not propose an amendment
    containing legislation (Sept. 1, 1976, p. 28883; Aug. 1, 2008, pp.
    17890, 17891). Clause 2(c) provides that a limitation not specifically
    contained in existing law or authorized for the period of the limitation
    shall not be in order during consideration of a general appropriation
    bill except as contemplated by clause 2(d), including a requirement that
    it come at the end of the reading (Speaker Foley, Aug. 1, 1989, p.
    17159; Aug. 3, 1989, p. 18546; June 18, 2009, pp. 15655, 15656); and
    such amendment is precluded whether the Committee of the Whole has risen
    and reported automatically pursuant to a special rule or, instead, by a
    motion at the end of the reading for amendment (June 22, 1995, p.
    16844).
      Points of order against unauthorized appropriations or legislation on
    general appropriation bills may be made as to the whole or only a
    portion of a paragraph (IV, 3652; V, 6881). The fact that a point of
    order is made against a portion of a paragraph does not prevent another
    point of order against the whole paragraph (V, 6882; July 31, 1985, p.
    21895), nor does it prevent another Member from demanding that the
    original point of order be extended to the entire paragraph (e.g., July
    16, 1998, p. 15806; Sept. 4, 2003, pp. 21164, 21167, pp. 21169, 21170;
    Sept. 14, 2004, p. 18384; June 29, 2005, p. 14804). If a portion of a
    proposed amendment is out of order, it is sufficient for the rejection
    of the whole amendment (V, 6878-6880). If a point of order is sustained
    against any portion of a package of amendments considered en bloc, all
    the amendments are ruled out of order and must be reoffered separately,
    or those that are not subject to

    [[Page 862]]

    a point of order may be considered en bloc by unanimous consent (Sept.
    16, 1981, pp. 20735-38; June 21, 1984, p. 17687; July 26, 2001, pp.
    14716, 14721). Where a point of order is sustained against the whole of
    a paragraph the whole must be stricken, but it is otherwise when the
    point of order is made only against a portion (V, 6884, 6885).
      General appropriation bills are read ``scientifically'' only by
    paragraph headings and appropriation amounts, and points of order
    against a paragraph must be made before an amendment is offered thereto
    or before the Clerk reads the next paragraph heading and amount
    (Deschler, ch. 26, Sec. 2.26). A point of order against a paragraph
    under this clause may be made only after that paragraph has been read by
    the Clerk, and not before its reading pending consideration of an
    amendment inserting language immediately prior thereto (June 6, 1985,
    pp. 14605, 14609). Where the reading of a paragraph of a general
    appropriation bill has been dispensed with by unanimous consent, the
    Chair inquires whether there are points of order against the paragraph
    before entertaining amendments or directing the Clerk to read further,
    but does not make such an inquiry where the Clerk has actually read the
    paragraph (May 31, 1984, p. 14608). Where a portion of the bill is
    considered as having been read and open to amendment by unanimous
    consent, points of order against provisions in that portion must be made
    before amendments are offered, and may not be reserved (Dec. 1, 1982, p.
    28175; May 19, 2000, p. 8595; July 22, 2003, p. 18984). Where a chapter
    is considered as read by unanimous consent and open to amendment at any
    point, no amendments are offered, and the Clerk begins to read the next
    chapter, it is too late to make a point of order against a paragraph in
    the preceding chapter (June 11, 1985, p. 15181). It is too late to rule
    out the entire paragraph after points of order against specific portions
    have been sustained and an amendment to the paragraph has been offered
    (June 27, 1974, pp. 21670-72).
      The fact that legislative jurisdiction over the subject matter of an
    amendment may rest with the Committee on Appropriations does not
    immunize the amendment from the application of clause 2(c) of rule XXI
    (July 17, 1996, p. 17550; July 24, 1996, p. 18898). The ``works in
    progress'' exception under clause 2(a) of rule XXI is a defense to a
    point of order against an unauthorized appropriation reported in a
    general appropriation bill and is not a defense to a point of order
    under clause 2(c) of rule XXI that an amendment to an appropriation bill
    constitutes legislation (July 24, 1996, p. 18898).
      For a discussion of perfecting amendments to unauthorized
    appropriations or legislation permitted to remain in a general
    appropriation bill by failure to raise or by waiver of a point of order,
    see Sec. 1058, infra.

    [[Page 863]]

      To <> resolve an ambiguity when ruling on a point of order,
    the Chair may: (1) examine legislative history established during debate
    on an amendment against which a point of order has been reserved (June
    14, 1978, p. 17651); (2) inquire after its author's intent (Oct. 29,
    1991, p. 28818); or (3) examine the accompanying report to determine the
    intent of the section (June 25, 2004, p. 14181).
      In the administration of the rule, it is the practice that those
    upholding an item of appropriation should have the burden of showing the
    law authorizing it (IV, 3597; VII, 1179, 1233, 1276; June 23, 2000, p.
    12123). Thus, the burden of proving the authorization for appropriations
    carried in a bill, or that the language in the bill constitutes a valid
    limitation that does not change existing law, falls on the proponents
    and managers of the bill (May 28, 1968, p. 15357; Nov. 30, 1982, p.
    28062; June 25, 2004, p. 14181). By the same token, the proponent of an
    amendment has the burden of proof to show that an appropriation
    contained in an amendment is authorized by law (e.g., May 11, 1971, p.
    14471; Oct. 29, 1991, p. 28791; July 26, 1995, p. 20567; July 27, 1995,
    pp. 20808, 20811; July 31, 1995, p. 21207; May 29, 2014, p. _) or that
    the amendment constitutes a valid limitation (July 17, 1975, p. 23239;
    June 16, 1976, p. 18666; July 18, 1995, p. 19357; June 24, 2003, pp.
    15858, 15859). For example, the proponent of a provision in the bill or
    of an amendment, as the case may be, has the burden to show the
    following: (1) that any duties imposed by a limitation are merely
    ministerial or already required under existing law (July 16, 1998, p.
    15829); (2) in the case of language proposing a double-negative, that
    the object of the double-negative is specifically contemplated by
    existing law (July 23, 2003, pp. 19250-51, pp. 19251-53; see Sec. 1053,
    infra); (3) that the amendment does not increase levels of budget
    authority or outlays within the meaning of clause 2(f) (e.g., Oct. 11,
    2001, pp. 19368, 19369; see also July 13, 2004, pp. 15193, 15194, p.
    15199 and May 25, 2006, p. 9790, where the Chair sustained the point of
    order in part because the manager's averment that the amendment
    increased outlays went unchallenged); (4) if the language is susceptible
    to more than one interpretation, that it merits the construction that it
    does not violate the rule (Deschler, ch. 26, Sec. 22.26), although that
    burden may be met by a showing that only the requirements of existing
    law, and not any new requirements, are recited in the language (Sept.
    23, 1993, p. 22206).
      The mere recitation in an amendment that a determination is to be made
    pursuant to existing laws and regulations, absent a citation to the law
    imposing such responsibility, is not sufficient proof by the proponent
    of an amendment to overcome a point of order that the amendment
    constitutes legislation (Sept. 16, 1980, p. 25606).
      The Chair may overrule a point of order that appropriations for a
    certain agency are unauthorized upon citation to an organic statute
    creating the agency, absent any showing that the organic law has been
    overtaken by a scheme of periodic reauthorization; the Chair may hear
    further argument

    [[Page 864]]

    and reverse a ruling, however, where existing law not previously called
    to the Chair's attention would require the ruling to be reversed (VIII,
    3435; June 8, 1983, p. 14854, where a law amending the statute creating
    the Bureau of the Mint with the express purpose of requiring annual
    authorizations was subsequently called to the Chair's attention).
    Reported provisions in a general appropriation bill described in the
    accompanying report as directly or indirectly changing the application
    of existing law are presumably legislation, absent rebuttal by the
    committee (May 31, 1984, p. 14591).
      A point of order under this clause against an amendment must be raised
    (or reserved) before commencement of debate on the measure (e.g., May
    29, 2014, p. _).

      Where <> the reading of
    a general appropriation bill for amendment has been completed (or
    dispensed with), including the last paragraph of the bill containing the
    citation to the short title (July 30, 1986, p. 18214), the Chair (under
    the former form of the rule, which made the preferential motion to rise
    and report available to any Member) might first inquire whether any
    Member sought to offer an amendment (formerly, one not prohibited by
    clauses 2(a) or (c)) before recognizing Members to offer limitation or
    retrenchment amendments (June 2, 1983, p. 14317; Sept. 22, 1983, p.
    25406; Oct. 27, 1983, p. 29630), including pro forma amendments (Aug. 2,
    1989, p. 18126). Pursuant to clause 2(d), a motion that the Committee of
    the Whole rise and report the bill to the House with such amendments as
    may have been adopted is not debatable (Apr. 23, 1987, p. 9613) and
    takes precedence over any amendment (formerly only over a limitation or
    retrenchment amendment) (July 30, 1985, p. 21534; July 23, 1986, p.
    17431; Apr. 23, 1987, p. 9613), but only after completion of the reading
    and disposition of amendments not otherwise precluded (June 30, 1992, p.
    17135). Thus a motion that the Committee rise and report the bill to the
    House with the recommendation that it be recommitted, with instructions
    to report back to the House with an amendment proposing a limitation,
    does not take precedence over the motion to rise and report the bill to
    the House with such amendments as may have been adopted (Sept. 19, 1983,
    p. 24647 (sustained on appeal)). An amendment not only reducing an
    amount in a paragraph of an appropriation bill but also limiting
    expenditure of those funds on a particular project (i.e., a limitation
    not contained in existing law) was held not in order during the reading
    of that paragraph but only at the end of the bill under clause 2(d)
    (July 23, 1986, p. 17431; June 15, 1988, p. 14719). Where language of
    limitation was stricken from a general appropriation bill on a point of
    order that it changed existing law, an amendment proposing to reinsert
    the limitation without its former legislative content was held not in
    order before completion of the reading for amendment (June 18, 1991, p.
    15214; Sept. 23, 1993, p. 22214). A motion that the Committee rise and
    report to the House with the recommendation that the enacting clause be
    stricken takes precedence over the motion to amend under clause 9 of
    rule XVIII (formerly clause 7 of rule XXIII) and

    [[Page 865]]

    also over the motion to rise and report under clause 2(d) (July 24,
    1986, p. 17641).
      The 109th Congress adopted a resolution creating a point of order
    against the motion to rise and report an appropriation bill to the House
    where the bill, as proposed to be amended, exceeded an applicable
    allocation of new budget authority under section 302(b) of the
    Congressional Budget Act of 1974, and setting forth procedures in the
    Committee of the Whole in the event that the point of order was
    sustained (sec. 2, H. Res. 248, Apr. 28, 2005, p. 8309). The 110th
    through 114th Congresses adopted the same procedure (sec. 511(a)(5), H.
    Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); sec. 3(a)(4), H.
    Res. 5, Jan. 6, 2009, p. 9; sec. 3(a)(4), H. Res. 5, Jan. 5, 2011, p.
    80; sec. 3(b)(4), H. Res. 5, Jan. 3, 2013, p. _; sec. 3(e)(2), H. Res.
    5, Jan. 6, 2015, p. _), to wit:

      Sec. 3. (e)(2)(A) During the One Hundred Fourteenth Congress, except
    as provided in subparagraph (C), a motion that the Committee of the
    Whole rise and report a bill to the House shall not be in order if the
    bill, as amended, exceeds an applicable allocation of new budget
    authority under section 302(b) of the Congressional Budget Act of 1974,
    as estimated by the Committee on the Budget.
      (B) If a point of order under subparagraph (A) is sustained, the Chair
    shall put the question: `Shall the Committee of the Whole rise and
    report the bill to the House with such amendments as may have been
    adopted notwithstanding that the bill exceeds its allocation of new
    budget authority under section 302(b) of the Congressional Budget Act of
    1974?'. Such question shall be debatable for 10 minutes equally divided
    and controlled by a proponent of the question and an opponent but shall
    be decided without intervening motion.
      (C) Subparagraph (A) shall not apply--
              (i) to a motion offered under clause 2(d) of rule XXI; or
              (ii) after disposition of a question under subparagraph (B) on
            a given bill.
      (D) If a question under subparagraph (B) is decided in the negative,
    no further amendment shall be in order except--
              (i) one proper amendment, which shall be debatable for 10
            minutes equally divided and controlled by the proponent and an
            opponent, shall not be subject to amendment, and shall not be
            subject to a demand for division of the question in the House or
            in the Committee of the Whole; and
              (ii) pro forma amendments, if offered by the chair or ranking
            minority member of the Committee on Appropriations or their
            designees, for the purpose of debate.

      A treaty <> may provide the authorization by existing law required
    in the rule to justify appropriations if it has been ratified by the
    contracting parties (IV, 3587); however, where existing law authorizes
    appropriations for the U.S. share of facilities to be recommended in an
    agreement with

    [[Page 866]]

    another country containing specified elements, an agreement in principle
    with that country predating the authorization law and lacking the
    required elements is insufficient authorization (June 28, 1993, p.
    14421). An Executive Order does not constitute sufficient authorization
    in law absent proof of its derivation from a statute enacted by Congress
    authorizing the order and expenditure of funds (June 15, 1973, p. 19855;
    June 25, 1974, p. 21036). Thus a Reorganization Plan submitted by the
    President pursuant to 5 U.S.C. 906 has the status of statutory law when
    it becomes effective and is sufficient authorization to support an
    appropriation for an office created by Executive Order issued pursuant
    to the Reorganization Plan (June 21, 1974, p. 20595). A constitutional
    guarantee of just compensation for a governmental taking of private
    property for public use does not itself constitute sufficient
    authorization by law for appropriations in a general appropriation bill
    for compensation of particular private property owners (July 18, 2001,
    pp. 13662-65; cf. VII, 1144).
      A resolution of the House has been held sufficient authorization for
    an appropriation for the salary of an employee of the House (IV, 3656-
    3658) even though the resolution may have been agreed to only by a
    preceding House (IV, 3660). Previous enactment of items of appropriation
    unauthorized by law does not justify similar appropriations in
    subsequent bills (VII, 1145, 1150, 1151) unless, if through
    appropriations previously made, a function of the Government has been
    established that would bring it into the category of continuation of
    works in progress (VII, 1280), or unless legislation in a previous
    appropriation act has become permanent law (May 20, 1964, p. 11422). The
    omission to appropriate during a series of years for an object
    authorized by law does not repeal the law, and consequently an
    appropriation when proposed is not subject to the point of order (IV,
    3595). A lapsed authorization is not ``previously authorized'' within
    the meaning of that phrase in paragraph (a)(1) (June 27, 2012, p. _).
      The law authorizing each head of a department to employ such numbers
    of clerks, messengers, copyists, watchmen, laborers, and other employees
    as may be appropriated for by Congress from year to year is held to
    authorize appropriations for those positions not otherwise authorized by
    law (IV, 3669, 3675, 4739); but this law does not apply to offices not
    within departments or not at the seat of Government (IV, 3670-3674). A
    permanent law authorizing the President to appoint certain staff,
    together with legislative provisions authorizing additional employment
    contained in an appropriation bill enacted for that fiscal year,
    constituted sufficient authorization for a lump sum supplemental
    appropriation for the White House for the same fiscal year (Nov. 30,
    1973, p. 38854). By a general provision of law, appropriations for
    investigations and the acquisition and diffusion of information by the
    Agriculture Department on subjects related to agriculture are generally
    in order in the agricultural appropriation bill (IV, 3649). It has once
    been held that this law would also authorize appropriations for the
    instrumentalities of such investigations (IV, 3615); but these would not
    include the organization of a bureau to conduct the work (IV, 3651).

    [[Page 867]]

    The law does not authorize general investigations by the department (IV,
    3652), cooperation with State investigations (IV, 3650; VII, 1301,
    1302), the investigation of foods in relation to commerce (IV, 3647,
    3648; VII, 1298), or the compiling of tests at an exposition (IV, 3653).
      A paragraph appropriating funds for matching grants to States was held
    unauthorized where the authorizing law did not require State matching
    funds (June 28, 1993, p. 14418). A paragraph funding a project from the
    Highway Trust Fund (Sept. 23, 1993, p. 22175; June 26, 2001, p. 11936;
    Nov. 28, 2001, pp. 23239, 23240) or from the Airport and Airway Trust
    Fund (e.g., Sept. 14, 2004, p. 18384; June 29, 2005, p. 14798) was held
    unauthorized where such funding was authorized only from the general
    fund. A paragraph providing funds for the President to meet
    ``unanticipated needs'' was held unauthorized (July 16, 1998, p. 15808).
    The authorization must be enacted before the appropriation may be
    included in an appropriation bill; thus delaying the availability of an
    appropriation pending enactment of an authorization does not protect the
    item of appropriation against a point of order under this clause (Apr.
    26, 1972, p. 14455). Similarly, an amendment limiting funds to the
    extent provided in authorizing legislation on or after the date of
    enactment of the pending appropriation bill is not in order (May 19,
    2005, pp. 10376, 10377).
      The failure of Congress to enact into law separate legislation
    specifically modifying eligibility requirements for grant programs under
    existing law does not necessarily render appropriations for those
    programs subject to a point of order, where more general existing law
    authorizes appropriations for all of the programs proposed to be
    modified by new legislation pending before Congress (June 8, 1978, p.
    16778). However, whether organic statutes or general grants of authority
    in law constitute sufficient authorization to support appropriations
    depends on whether the general laws applicable to the function or
    department in question require specific or annual authorizations (June
    14, 1978, pp. 17616, 17622, 17626, 17630) or on whether a periodic
    authorization scheme has subsequently occupied the field (Sept. 9, 1997,
    p. 18197). An authorization of ``such sums as may be necessary'' is
    sufficient to support any dollar amount, but has no tendency to relieve
    other conditions of the authorization law (June 28, 1993, p. 1442).
    Where existing law authorizes certain appropriations from a particular
    trust fund without fiscal year limitation, language that such an
    appropriation remain available until expended does not constitute
    legislation (July 15, 1993, p. 15848).
      An amendment to a general appropriation bill providing that ``not less
    than'' (or ``not to exceed'') a certain amount be made available to a
    program requires an authorization (June 21, 1988, p. 15440; July 12,
    2000, p. 14070; July 13, 2000, p. 14084; July 25, 2007, pp. 20597,
    20598).
      Pursuant to clause 11(i) of rule X (formerly clause 9 of rule XLVIII),
    no funds may be appropriated to certain agencies carrying out
    intelligence and intelligence-related activities, unless such funds have
    been authorized by law for the fiscal year in question.

    [[Page 868]]

      Judgments of <> courts certified to Congress in accordance with law or
    authorized by treaty (IV, 3634, 3635, 3644) and audited under authority
    of law have been held to be authorizations for appropriations for the
    payment of claims (IV, 3634, 3635). However, unadjudicated claims (IV,
    3628), even though ascertained and transmitted by an executive officer
    (IV, 3625-3640), and findings filed under the Bowman Act do not
    constitute authorization (IV, 3643).
      An appropriation for an object not otherwise authorized does not
    constitute authorization to justify a continuance of the appropriation
    another year (IV, 3588, 3589; VII, 1128, 1145, 1149, 1191), and the mere
    appropriation for a salary does not create an office so as to justify
    appropriations in succeeding years (IV, 3590, 3672, 3697), it being a
    general rule that propositions to appropriate for salaries not
    established by law or to increase salaries fixed by law are out of order
    (IV, 3664-3667, 3676-3679). An exception to these general principles is
    found in the established practice that in the absence of a general law
    fixing a salary the amount appropriated in the last appropriation bill
    has been held to be the legal salary (IV, 3687-3696). A law having
    established an office and fixed a salary, it is not in order to provide
    for an unauthorized office and salary in lieu of it (IV, 3680).
      An <> appropriation
    for a public work in excess of a fixed limit of cost (IV, 3583, 3584;
    VII, 1133), or for extending a service beyond the limits assigned by an
    executive officer exercising a lawful discretion (IV, 3598), or by
    actual law (IV, 3582, 3585), or for purposes prohibited by law are out
    of order (IV, 3580, 3581, 3702), as is an appropriation from the Highway
    Trust Fund where the project is specifically authorized from the general
    fund (Sept. 23, 1993, p. 22175). However, the mere appropriation of a
    sum to complete a work does not fix a limit of cost such as would
    exclude future appropriations (IV, 3761). A declaration of policy in an
    act followed by specific provisions conferring authority upon a
    governmental agency to perform certain functions was construed not to
    authorize appropriations for purposes germane to the policy but not
    specifically authorized by the act (VII, 1200). A point of order will
    not lie against an amendment proposing to increase a lump sum for public
    works projects where language in the bill limits use of the lump sum
    appropriation to projects as authorized by law (Deschler, ch. 26,
    Sec. 19.6), but where language in the bill limits use of the lump sum
    both to projects ``authorized by law'' and ``subject, where appropriate,
    to enactment of authorizing legislation,'' that paragraph constitutes an
    appropriation in part for some unauthorized projects and is not in order
    (June 6, 1985, p. 14617). Language in an appropriation bill precluding
    funds for projects not authorized by law or beyond the amount authorized
    was held to limit expenditures to authorized projects and was not
    legislation (Deschler, ch. 25, Sec. 2.18).

    [[Page 869]]

      The provision <> excepting public works and objects that are already in
    progress from the requirement that appropriations be authorized by
    existing law (IV, 3578) has historically been applied only in cases of
    general revenue funding (Sept. 22, 1993, p. 22140; Sept. 23, 1993, p.
    22173). An appropriation in violation of existing law or to extend a
    service beyond a fixed limit is not in order as the continuance of a
    public work (IV, 3585, 3702-3724; VII, 1332; Sept. 23, 1993, p. 22173;
    Deschler, ch. 26, Sec. 8.9). The ``works in progress'' exception may not
    be invoked to fund a project governed by a lapsed authorization (June
    27, 2012, p. _) and may not be invoked to fund a project that is not yet
    under construction (July 31, 1995, p. 21207). Where existing law (40
    U.S.C. 3307) specifically prohibits the making of an appropriation to
    construct or alter any public building involving more than a certain
    amount of money unless approved by the House and Senate Public Works
    Committees, an appropriation for such purposes not authorized by both
    committees is out of order notwithstanding the ``works in progress''
    exemption, because the law specifically precludes the appropriation from
    being made (June 8, 1983, p. 14855). An appropriation from the Highway
    Trust Fund for an ongoing project was held not in order under the
    ``works in progress'' exception where the Internal Revenue Code
    ``occupied the field'' with a comprehensive authorization scheme not
    embracing the specified project (Sept. 22, 1993, p. 22140; Sept. 23,
    1993, p. 22173). Interruption of a work does not necessarily remove it
    from the privileges of the rule (IV, 3705-3708); but the continuation of
    the work must not be so conditioned in relation to place as to become a
    new work (IV, 3704). It has been held that a work has not begun within
    the meaning of the rule when an appropriation has been made for a site
    for a public building (IV, 3785), or when a commission has been created
    to select a site or when a site has actually been selected for a work
    (IV, 3762, 3763), or when a survey has been made (IV, 3782-3784).
    ``Public works and objects already in progress'' include tangible
    matters like buildings, roads, etc., but not duties of officials in
    executive departments (IV, 3709-3713), or the continuance of a work
    indefinite as to completion and intangible in nature like the gauging of
    streams (IV, 3714, 3715). A general system of roads on which some work
    has been done, or an extension of an existing road (Sept. 22, 1993, p.
    22140), may not be admitted as a work in progress (VII, 1333).
    Concerning reappropriation for continuation of public works in progress,
    see Sec. 1031, supra.

      Thus the <> continuation of the following works has been admitted:
    a topographical survey (IV, 3796, 3797; VII, 1382), a geological map
    (IV, 3795), marking of a boundary line (IV, 3717), marking graves of
    soldiers (IV, 3788), a list of claims (IV, 3717), and recoinage of coins
    in the Treasury (IV, 3807); but the following works have not been
    admitted: investigation of materials, like coal (IV, 3721), scientific
    investigations (IV, 3719; VII, 1345), duties of a commission (IV, 3720;
    VII, 1344),

    [[Page 870]]

    extension of foreign markets for goods (IV, 3722), printing of a series
    of opinions indefinite in continuance (IV, 3718), free evening lectures
    in the District of Columbia (IV, 3789), certain ongoing projects from
    the Highway Trust Fund (Sept. 22, 1993, pp. 22140; Sept. 23, 1993, p.
    22173), extension of an existing road (Sept. 22, 1993, p. 22140),
    continuation of an extra compensation for ordinary facility for carrying
    the mails (IV, 3808), although the continuation of certain special mail
    facilities has been admitted (IV, 3804-3806). However, appropriations
    for rent and repairs of buildings or Government roads (IV, 3793, 3798)
    and bridges (IV, 3803) have been admitted as in continuation of a work
    (IV, 3777, 3778), although it is not in order as such to provide for a
    new building in place of one destroyed (IV, 3606). It is not in order to
    repair paving adjacent to a public building but in a city street,
    although it may have been laid originally by the Government (IV, 3779).
    The purchase of adjoining land for a work already established has been
    admitted under this principle (IV, 3766-3773) as have additions to
    existing buildings in cases in which no limits of cost have been shown
    (IV, 3774, 3775). However, the purchase of a separate and detached lot
    of land is not admitted (IV, 3776). The continuation of construction at
    the Kennedy Library, a project owned by the United States and funded by
    a prior year's appropriation, has been admitted notwithstanding the
    absence of any current authorization (June 14, 1988, p. 14335). A
    provision of law authorizing Commissioners of the District of Columbia
    to take over and operate the fish wharves of the city of Washington was
    held insufficient authority to admit an appropriation for reconstructing
    the fish wharf (VII, 1187).

      Appropriations for <> new buildings at
    Government institutions have sometimes been admitted (IV, 3741-3750)
    when intended for the purposes of the institution (IV, 3747); but later
    decisions, in view of the indefinite extent of the practice made
    possible by the early decisions, have ruled out propositions to
    appropriate for new buildings in navy yards (IV, 3755-3759) and other
    establishments (IV, 3751-3754). Appropriations for new schoolhouses in
    the District of Columbia (IV, 3750; VII, 1358), for new Army hospitals
    (IV, 3740), for new lighthouses (IV, 3728), armor-plate factories (IV,
    3737-3739), and for additional playgrounds for children in the District
    of Columbia (IV, 3792) have also been held not to be in continuation of
    a public work.

      By a former <> broad construction of the rule an
    appropriation of a new and not otherwise authorized vessel of the Navy
    had been held to be a continuance of a public work (IV, 3723, 3724); but
    this line of decisions has been overruled (VII, 1351; Jan. 22, 1926, p.
    2621). Although appropriations for new construction and procurement of
    aircraft and equipment for the Navy are not in order, appropriations for
    continuing experiments and development work on all types of aircraft are
    in order (Jan. 22, 1926, p. 2623). This former interpretation was
    confined to naval

    [[Page 871]]

    vessels, and did not apply to vessels in other services, like the Coast
    and Geodetic Survey or Lighthouse Service (IV, 3725, 3726), or to
    floating or stationary drydocks (IV, 3729-3736). The construction of a
    submarine cable in extension of one already laid was held not to be the
    continuation of a public work (IV, 3716), but an appropriation for the
    Washington-Alaska military cable has been held in order (VII, 1348).

      A <> provision changing
    existing law is construed to mean the enactment of law where none exists
    (IV, 3812, 3813). For example, the following provisions have been held
    out of order: (1) permitting funds to remain available until expended or
    beyond the fiscal year covered by the bill where existing law does not
    permit such availability (Aug. 1, 1973, p. 27288; June 9, 2006, p.
    10671); (2) permitting funds to be available immediately upon enactment
    before the fiscal year covered by the bill (July 29, 1986, p. 17981;
    June 28, 1988, p. 16255); (3) permitting funds to be available to the
    extent provided in advance in appropriation Acts but not explicitly
    beyond the fiscal year in question (July 21, 1981, p. 16687); (4)
    setting a floor on spending that is not established by existing law
    (July 23, 2003, pp. 19228, 19229); (5) establishing a legislative
    formula for funding (Feb. 18, 2011, pp. 2509, 2510).
      Although clause 2(b) permits the Committee on Appropriations to report
    rescissions of appropriations, an amendment proposing a rescission
    constitutes legislation under clause 2(c) (May 26, 1993, p. 11326; Mar.
    24, 2010, pp. 4779, 4780), as does a provision proposing a rescission of
    budget authority provided in law other than appropriations acts, such as
    contract authority (e.g., Sept. 22, 1993, p. 22138; May 15, 1997, p.
    8510; July 23, 1997, p. 15353; July 29, 1998, p. 17956) or a loan
    guarantee program (July 13, 2004, pp. 15212, 15213). Similarly, a
    provision canceling funds under the Farm Security and Rural Investment
    Act of 2002 was held to be legislation (June 16, 2004, p. 12554). A
    provision constituting congressional disapproval of a deferral of budget
    authority proposed by the President pursuant to the Impoundment Control
    Act of 1974 is not in order if included in a general appropriation bill
    rather than in a separate resolution of disapproval under that Act (July
    29, 1982, pp. 18625, 18626).
      A proposal to amend existing law to provide for automatic continuation
    of appropriations in the absence of timely enactment of a regular
    appropriation bill constitutes legislation in contravention of clause
    2(c) (July 17, 1996, p. 17550; July 24, 1996, p. 18898). A proposal to
    designate an appropriation as ``emergency spending'' within the meaning
    of the budget-enforcement laws (or so designated under provisions of a
    budget resolution) is fundamentally legislative in character (e.g.,
    Sept. 8, 1999, pp. 20900; June 19, 2000, pp. 11294-97 (sustained on
    appeal); June 20, 2001, p. 11224; Oct. 16, 2003, pp. 24962, 24963; Mar.
    15, 2005, pp. 4700-02 (sustained on appeal)). Similarly, a provision
    containing an averment necessary to qualify for certain scorekeeping
    under the Budget Act was conceded to be legislation (July 20, 1989, p.
    15374), even though the Budget Act con

    [[Page 872]]

    templates that expenditures may be mandated to occur before or following
    a fiscal period if the law making those expenditures specifies that the
    timing is the result of a ``significant'' policy change (July 20, 1989,
    p. 15374).
      Language in an appropriation bill precluding funds for projects not
    authorized by law or beyond the amount authorized has been held in order
    as simply limiting expenditures to authorized projects (Deschler, ch.
    25, Sec. 2.18). However, an amendment limiting funds to the extent
    provided for in authorizing legislation on or after the date of
    enactment of the pending appropriation bill is not in order (May 19,
    2005, pp. 10376, 10377).
      Although the object to be appropriated for may be described without
    violating the rule (IV, 3864), an amendment proposing an appropriation
    under a heading that indicates an unauthorized purpose as its object has
    been ruled out (Oct. 29, 1991, p. 28814). For example, an amendment
    proposing to make certain funds available for a specified report not
    contemplated by existing law was held to constitute legislation in
    violation of clause 2(c) (June 13, 2000, p. 10509). The fact that a
    legislative item has been carried in appropriation bills for many years
    does not exempt it from a point of order (VII, 1445, 1656). The
    reenactment from year to year of a law intended to apply during the year
    of its enactment only is not relieved, however, from the point that it
    is legislation (IV, 3822). Limits of cost for public works may not be
    made or changed (IV, 3761, 3865-3867; VII, 1446), nor contracts
    authorized (IV, 3868-3870; May 14, 1937, p. 4595).
      An amendment to a general appropriation bill stating a legislative
    position constitutes legislation (July 24, 2001, pp. 14349, 14351; July
    9, 2009, pp. 17242, 17243 (sustained by tabling of appeal), pp. 17309,
    17310 (sustained by tabling of appeal)) as does one establishing a
    select committee (Mar. 16, 2006, pp. 3793, 3794) or a trust fund in the
    Treasury (June 9, 2006, p. 10680). An amendment proposed in a motion to
    recommit incorporating by reference amendments that changed existing law
    constitutes legislation (July 24, 2009, p. 19225).

      Although the <> rule forbids a provision ``changing existing law,'' the
    House, by practice, has established the principle that certain
    ``limitations'' may be admitted. Just as the House may decline to
    appropriate for a purpose authorized by law, so may it by limitation
    prohibit the use of the money for part of the purpose while
    appropriating for the remainder of it (IV, 3936; VII, 1595). Paragraph
    (c) prohibits consideration of limitation amendments during the reading
    of the bill by paragraph unless specifically authorized by existing law
    for the period of the limitation, even if the amendment is expanding a
    limitation already in the bill (July 23, 2003, p. 19238).
      A limitation may provide that some or all of the appropriation under
    consideration may not be used for a certain designated purpose (IV,
    3917-3926; VII, 1580). This designated purpose may reach the question of
    qualifications, for although it is not in order to legislate as to the
    qualifications of the recipients of an appropriation (Deschler, ch. 26,
    Sec. Sec. 53, 57.15), the

    [[Page 873]]

    House may specify that no part of the appropriation may go to recipients
    lacking certain qualifications (IV, 3942-3952; VII, 1655; June 4, 1970,
    p. 18412; June 27, 1974, p. 21662; Oct. 9, 1974, p. 34712; June 9, 1978,
    p. 16990).
      A limitation amendment prohibiting the use of funds for the
    construction of certain facilities unless such construction were subject
    to a project agreement was held not in order during the reading of the
    bill, even though existing law directed Federal officials to enter into
    such project agreements, on the ground that limitation amendments are in
    order during the reading only where existing law requires or permits the
    inclusion of limiting language in an appropriation Act, and not merely
    where the limitation is alleged to be ``consistent with existing law''
    (June 28, 1988, p. 16267).
      A limitation may place some minimal, incidental duties on Federal
    officials, who must determine the effect of such a limitation on
    appropriated funds. However, a provision may not impose additional
    duties not required by law, either explicitly or implicitly, or make the
    appropriation contingent upon the performance of such duties (VII, 1676;
    June 11, 1968, p. 16712; July 31, 1969, pp. 21631-33; May 28, 1968, p.
    15350; July 26, 1985, p. 20807; see Sec. 1054, infra). A duty imposed by
    a provision in the pending bill does not qualify as a duty required by
    law for purposes of a limitation amendment (June 9, 2014, p. _). The
    fact that a limitation may indirectly interfere with an executive
    official's discretionary authority by denying the use of funds (June 24,
    1976, p. 20408) or may impose certain incidental burdens on executive
    officials (Aug. 25, 1976, p. 27737) does not destroy the character of
    the limitation as long as it does not otherwise amend existing law and
    is descriptive of functions and findings already required to be
    undertaken by existing law. For example, a limitation precluding funds
    for specified Federal departments to file certain motions in specified
    civil actions (all matters of public record in the litigation and
    therefore available to responsible intervening Federal officials) was
    held to be a proper limitation (July 18, 2001, pp. 13683, 13684).
      The limitation must apply solely to the money of the appropriation
    under consideration (VII, 1597, 1600, 1720; Feb. 26, 1958, p. 2895). For
    example, a limitation on funds: (1) may not apply to money appropriated
    in other Acts (IV, 3927, 3928; VII, 1495, 1525; June 28, 1971, p. 22442;
    June 27, 1974, pp. 21670-72; May 13, 1981, p. 9663); (2) may not require
    funds available to an agency in any future fiscal year for a certain
    purpose to be subject to limitations specified in advance in
    appropriations Acts (May 8, 1986, p. 10156). The tendency of a
    limitation to change existing law is measured against the state of
    existing law ``for the period of the limitation,'' such that the
    presence of the same limitation in the annual bill for the previous
    fiscal year does not justify its inclusion in the pending annual bill
    (Sept. 22, 1983, p. 25406, June 26, 2000, p. 12355).
      A restriction on authority to incur obligations is legislative in
    nature and not a limitation on funds (July 13, 1987, p. 19507; Sept. 23,
    1993, p. 22204; July 15, 2004, pp. 15838, 15839). For example, a
    limitation on

    [[Page 874]]

    the authority of the Commodity Credit Corporation to purchase sugar is
    legislative in nature and not a limitation on funds (June 29, 2000, p.
    13109).
      In construing a proposed limitation, the Chair may examine whether the
    purpose of the limitation is legislative. For example, a limitation
    accompanied by language stating a legislative motive or purpose is not
    in order (Aug. 8, 1978, p. 24969; July 22, 1980, p. 19087; Sept. 16,
    1980, p. 25604; Sept. 22, 1981, p. 21577). Similarly, where existing law
    and the Constitution require a census to be taken of all persons, an
    amendment that seeks to preclude the use of funds to exclude another
    class ``known'' to the Secretary is not in order (Aug. 1, 1989, p.
    17156). However, language may, by negatively refusing to include funds
    for all or part of an authorized executive function, thereby affect
    policy and restrict executive discretion to the extent of its denial of
    availability of funds (IV, 3968-3972; VII, 1583, 1653, 1694; Sept. 14,
    1972, p. 30749; June 21, 1974, p. 20601; Oct. 9, 1974, p. 34716). For
    example, an appropriation may be withheld from a designated object by a
    negative limitation on the use of funds, notwithstanding that contracts
    may be left unsatisfied thereby (IV, 3987; July 10, 1975, pp. 22006,
    22007).
      The Chair has stated that a limitation amendment that comprises a
    textual ``double-negative'' (the coupling of a denial of an
    appropriation with a negative restriction on official duties) is suspect
    and may result in an affirmative direction or an affirmative statement
    of intent that constitutes legislation and is therefore not in order
    (VII, 1690-1692; Deschler, ch. 26, Sec. 51.15 (note); July 23, 2003, pp.
    19250-53). In order to carry the burden of proof on an amendment
    proposing a double-negative, a Member must be able to show that the
    object of the double-negative is specifically contemplated by existing
    law (July 23, 2003, pp. 19250-51, pp. 19251-53). For example, the
    following have been held out of order for using a double-negative: (1) a
    provision to limit funds to prohibit the obligation of funds up to a
    specified amount for an unauthorized transportation project (effectively
    authorizing an unauthorized project) (Sept. 23, 1993, p. 22209); (2) an
    amendment to limit funds to prohibit projects that promote the
    participation of women in international peace efforts, such promotion
    not specifically contemplated by law (July 23, 2003, pp. 19250-51); (3)
    an amendment to limit funds to prohibit the establishment of an
    independent commission not contemplated by existing law (July 23, 2003,
    pp. 19251-53).
      It is not in order, even by language in the form of a limitation, to
    restrict the discretionary authority conferred by law to administer the
    expenditure of appropriated funds, such as by limiting the percentage of
    funds that may be apportioned for expenditure within a certain period of
    time (Deschler, ch. 26, Sec. 51.23), or by precluding the obligation of
    certain funds until funds provided by another Act have been obligated
    (Deschler, ch. 26, Sec. 48.8). The burden is on the proponent to show
    that such a proposal does not change existing law by restricting the
    timing of the expenditure of funds rather than their availability for
    specified objects (Deschler, ch. 26, Sec. Sec. 64.23, 80.5).

    [[Page 875]]

      As long as a limitation merely restricts the expenditure of Federal
    funds carried in the bill without changing existing law, the limitation
    is in order, even if the Federal funds in question are commingled with
    non-Federal funds that would have to be accounted for separately in
    carrying out the limitation (Aug. 20, 1980, p. 22171).
      The fact that existing law authorizes funds to be available until
    expended or without regard to fiscal year limitation does not prevent
    the Committee on Appropriations from limiting their availability to the
    fiscal year covered by the bill unless existing law mandates
    availability beyond the fiscal year (June 25, 1974, p. 21040; see also
    Deschler, ch. 26, Sec. 32). The fact that a provision would constitute
    legislation for only a year does not make it a limitation in order under
    the rule (IV, 3936).
      A proposition to construe a law may not be admitted (IV, 3936-3938,
    see Sec. 1055, infra). Care also should be taken that the language of
    limitation be not such as, when fairly construed, would change existing
    law (IV, 3976-3983) or justify an executive officer in assuming an
    intent to change existing law (IV, 3984; VII, 1706).
      Although the Committee on Appropriations may include in a general
    appropriation bill language not in existing law limiting the use of
    funds in the bill, if such language also constitutes an appropriation it
    must be authorized by law (June 21, 1988, p. 15439). An amendment
    placing a limitation on funds for activities unrelated to the functions
    of departments and agencies addressed by the bill is not germane under
    clause 7 of rule XVI (July 10, 2000, p. 13605).

      Propositions to <> establish affirmative directions for executive
    officers (IV, 3854-3859; VII, 1443; July 31, 1969, p. 21675; June 18,
    1979, p. 15286; July 1, 1987, pp. 18654, 18655; June 27, 1994, p.
    14572), even in cases in which they may have discretion under the law so
    to do (IV, 3853; June 4, 1970, p. 18401; Aug. 8, 1978, p. 24959), or to
    affirmatively take away an authority or discretion conferred by law (IV,
    3862, 3863; VII, 1975; Mar. 30, 1955, p. 4065; June 21, 1974, p. 20600;
    July 31, 1985, p. 21909), are subject to a point of order.
      A limitation may not: (1) be applied directly to the official
    functions of executive officers (IV, 3957-3966; VII, 1673, 1678, 1685);
    (2) directly interfere with discretionary authority in law by
    establishing a level of funding below which expenditures may not be made
    (VII, 1704; July 20, 1978, p. 21856); (3) require a judgment as to
    whether racial imbalance had been overcome (July 31, 1969, pp. 21653,
    21675); (4) condition the availability of funds or the exercise of
    contract authority upon an interpretation of local law where that
    interpretation is not required by existing law (July 17, 1981, p.
    16327); (5) require new determinations of full Federal compliance with
    mandates imposed upon States (July 22, 1981, p. 16829); (6) require the
    evaluation of the theoretical basis of a program (July 22, 1981, p.
    16822); (7) require new determinations of propriety or effectiveness
    (Oct. 6, 1981, p. 23361; May 25, 1988, p. 12275), or satisfactory
    quality (Aug.

    [[Page 876]]

    1, 1986, p. 18647); (8) incorporate by reference determinations already
    made in administrative processes not affecting programs funded by the
    bill (Oct. 6, 1981, p. 23361); (9) require new determinations of rates
    of interest payable (July 29, 1982, p. 18624; Dec. 9, 1982, p. 29691);
    (10) require a determination of whether the Office of Management and
    Budget interfered with the rulemaking authority of a regulatory agency
    (Nov. 30, 1982, p. 28062); (11) authorize the President to reduce each
    appropriation in the bill by not more than 10 percent (May 31, 1984, p.
    14617; June 6, 1984, p. 15120); (12) apply standards of conduct to
    foreign entities where existing law requires such conduct only by
    domestic entities (July 17, 1986, p. 16951); (13) require the
    enforcement of a standard where existing law only requires inspection of
    an area (July 30, 1986, p. 18189); (14) prohibit the availability of
    funds for the purchase of goods and services that are ``nondomestic''
    (Sept. 12, 1986, p. 23178), not ``produced'' domestically (June 1, 2011,
    p. 8517), not ``100 percent domestic in origin'' (June 2, 2011, pp.
    8558, 8559), not ``substantially manufactured'' domestically (July 7,
    2011, pp. 10638, 10639), not manufactured by a ``domestically operated
    entity'' (June 2, 2011, pp. 8557, 8558), not procured in a manner
    consistent with a law not otherwise applicable (the Buy America Act)
    (June 9, 2014, p. _), or that contain components produced in specified
    countries (June 20, 2014, p. _); (15) mandate contractual provisions
    (May 18, 1988, p. 11389); (16) authorize the adjustment of wages of
    Government employees (June 21, 1988, p. 15451; Apr. 26, 1989, p. 7525)
    or permit an increase in Members' office allowances only ``if requested
    in writing'' (Oct. 21, 1990, p. 31708); (17) convert an existing legal
    prerequisite for the issuance of a regulatory permit into a prerequisite
    for even the preliminary processing of such a permit (July 22, 1992, p.
    18825); (18) mandate reductions in various appropriations by a variable
    percentage calculated in relation to ``overhead'' (Deschler, ch. 26,
    Sec. 5.6; June 24, 1992, p. 16110); (19) require an agency to
    investigate and determine whether private airports are collecting
    certain fees for each enplaning passenger (Sept. 23, 1993, p. 22213);
    (20) require an agency to investigate and determine whether a person or
    entity entering into a contract with funds under the pending bill is
    subject to a legal proceeding commenced by the Federal Government and
    alleging fraud (Sept. 17, 1997, p. 19045); (21) require an agency to
    determine whether building services are ``usually'' provided through the
    Federal Building Fund to an agency not paying a level of assessment
    specified elsewhere (and not necessarily applicable) (July 16, 1998, p.
    15816); (22) require a determination of ``successor agency'' status
    (Sept. 26, 1997, p. 20347); (23) require a determination whether a
    delegate or envoy to the United Nations has ``advocated'' the adoption
    of a certain convention (June 26, 2000, p. 12355) or whether an activity
    would grant ``de jure or de facto support'' of another country's
    territorial claims (June 20, 2014, p. _); (24) require tests or reports
    not required under existing law (May 19, 2000, p. 8616) or require all
    quarterly and annual reports required by law in accordance with
    standards for reports under a specified law not otherwise applicable

    [[Page 877]]

    (Sept. 9, 2003, pp. 21548, 21549); (25) impose a new duty to tally
    violations of law by contractors where existing law required information
    on violations but not on the number thereof (June 7, 2000, p. 9849);
    (26) require an investigation of the conscription requirements of other
    nations (July 13, 2000, p. 14121); (27) require a determination whether
    ``efforts'' have been made to change any nation's laws regarding
    abortion, family planning, or population control (July 13, 2000, p.
    14130); (28) impose a new duty to calculate the ``total amount'' of
    payments under a Federal program paid to a husband and wife (to
    determine whether an exception to an otherwise valid limitation would
    apply) (July 11, 2001, pp. 13001-03); (29) require an investigation into
    the extent to which World Trade Organization challenges against foreign
    laws and policies promote access to certain pharmaceuticals (July 18,
    2001, pp. 13693, 13694); (30) require an investigation into whether an
    applicant for immigration has been involved in the harvesting of organs
    (July 18, 2001, pp. 13702-05); (31) require the Inspector General to
    opine on audited financial statements of certain components of the
    Department of Defense where the issuance of such opinion was not shown
    to be required by existing law (June 27, 2002, pp. 11788, 11789); (32)
    require the examination of certain legislative reports to determine
    whether an entity is specifically identified by name (July 17, 2002, pp.
    13365, 13366); (33) require several agencies to process certain
    information where current law required only one specific agency to
    process that information (June 24, 2003, pp. 15860, 15861); (34) in the
    case of a limitation with respect to certain roads on public land,
    require a determination of the precise nature of those roads including
    their ownership and the types of vehicles allowed to travel on them
    (July 17, 2003, pp. 18628-31); (35) require a determination that certain
    trade agreements achieved generic undefined policy goals that were not
    set forth in existing law (July 23, 2003, pp. 19156-58); (36) require a
    determination that a drug has been prescribed ``for the purpose of
    relieving or managing pain'' (July 7, 2004, pp. 14679, 14682); (37)
    require a determination as to the date on which various road
    construction projects in a National Forest were commenced within the
    periods in which they were authorized to commence (May 19, 2005, pp.
    10364, 10365); (38) require the Food and Drug Administration to examine
    a registry of clinical trials maintained by the National Institutes of
    Health, a different entity (June 8, 2005, pp. 11945, 11946) or require
    the administrator of the Low-Income Home Energy Assistance Program to
    determine whether a federal prohibition on certain mineral exploration
    (administered by a different federal entity) remained in effect (Mar.
    15, 2006, p. 3722); (39) require a determination regarding a specific
    type of employment behavior before initiating an employment
    investigation (June 8, 2005, pp. 11948-50); (40) require a determination
    as to whether a local educational agency had obtained parental consent
    before providing military recruiters student information (June 24, 2005,
    pp. 14185, 14186); (41) in the case of a limitation on the enforcement
    of a regulation against a specified class, require a determination as to
    whether a person is a mem

    [[Page 878]]

    ber of that class (June 30, 2005, pp. 14891-93); (42) prescribe a policy
    for an agency in the distribution of grants (June 6, 2006, pp. 10105,
    10106); (43) require a determination of citizenship based on birth (June
    6, 2006, pp. 10108, 10109); (44) require a determination of what
    activities amount to ``continuation'' of specified litigation (Feb. 18,
    2011, pp. 2520, 2521) or what decision of a court constitutes
    ``resolution'' of a case (July 10, 2014, p. _); (45) require a
    determination by the executive branch regarding the composition of the
    legislative branch (June 13, 2011, p. 9014; Apr. 29, 2015, p. _); (46)
    require a determination of the end use of unmanned aircraft authorized
    by the Secretary (June 27, 2012, p. _; June 9, 2014, p. _); (47) require
    a determination of whether education programs qualify students for
    certain occupational exams or licenses (Apr. 30, 2014, p. _); (48)
    require an agency to track the legislative action of whether a contempt
    of Congress had been certified (Apr. 30, 2014, p. _); (49) require a
    determination by all contracting agencies of whether any aspect of a
    project is behind schedule or over budget (June 9, 2014, p. _); (50)
    require a determination of whether an agency action would ``subvert'' or
    ``interfere'' with the integrity of a given standard (June 18, 2014, p.
    _); (51) require a determination of whether an entity had commenced a
    bankruptcy action (July 10, 2014, p. _); (52) require a determination of
    the flag status of vessels on pending export applications (July 10,
    2014, p. _); (53) require a determination of whether a rule would
    increase electricity prices or reduce electricity reliability (July 10,
    2014, p. _); (54) require a determination of the reason a financial
    institution provides services to an entity (July 15, 2014, p. _); (55)
    require the District of Columbia to ascertain the state of federal
    firearms law (July 15, 2014, p. _ (sustained on appeal)); (56) require a
    determination of the meaning of ``anytime, anywhere'' inspections of
    civil and military sites in another country (Apr. 30, 2015, p. _).
      The fact that an executive official may have been directed by an
    Executive Order to consult another executive official before taking an
    action does not permit inclusion of language directing the official
    being consulted to make determinations not specifically required by law
    (July 22, 1980, p. 19087).
      On the other hand, the following limitations have been held in order
    as not placing new duties on Federal officials: (1) denying the use of
    funds to pay the salaries of Federal officials who perform certain
    functions under existing law if the description of those duties
    precisely follows existing law and does not require them to perform new
    duties (June 24, 1976, p. 20373); (2) denying the use of funds to a
    Federal official not in compliance with an existing law that such
    official is charged with enforcing (Sept. 10, 1981, p. 20110); (3)
    reducing the availability of funds for trade adjustment assistance by
    amounts of unemployment insurance entitlements where the law
    establishing trade adjustment assistance already required the disbursing
    agency to take into consideration levels of unemployment insurance in
    determining payment levels (June 18, 1980, p. 15355); (4) denying the
    use of funds to carry out (or pay the salaries of persons who

    [[Page 879]]

    carry out) tobacco crop and insurance programs (July 20, 1995, p.
    19798); (5) denying the use of funds for any transit project exceeding a
    specified cost-effectiveness index where the Chair was persuaded that
    the limitation applied to projects for which indexes were already
    required by law (Sept. 23, 1993, p. 22206); (6) denying the use of funds
    to enforce FAA regulations to require domestic air carriers to surrender
    more than a specified number of ``slots'' at a given airport in
    preference of international air carriers where the Chair was persuaded
    that existing regulations already required the FAA to determine the
    origin of withdrawn slots (Sept. 23, 1993, p. 22212); (7) denying the
    use of funds for troops ``except in time of war'' (Deschler, ch. 26,
    Sec. 70.1) or ``except in time of emergency'' (VII, 1657, which was the
    basis for the preceding ruling); (8) denying the use of funds to
    implement any sanction imposed by the United States on private
    commercial sales of agricultural commodities, medicine, or medical
    supplies to Cuba except for a sanction imposed pursuant to agreement
    with one or more other countries (July 20, 2000, p. 15751); (9) denying
    the use of funds by the Forest Service to construct roads or prepare
    timber sales in certain roadless areas where the executive was already
    charged by law with ongoing responsibility to maintain a comprehensive
    and detailed inventory of all land and renewable resources of the
    National Forest System (July 18, 1995, p. 19357) or for the plan,
    design, study, or construction of roads in a specified forest for the
    purpose of private timber harvest (June 26, 2007, p. 17521-23) unless
    also requiring a determination of the date a given road project
    commenced (May 19, 2005, pp. 10364, 10365); (10) denying the use of
    funds to eliminate an existing legal requirement for sureties on custom
    bonds (June 27, 1984, p. 19101); (11) denying the use of funds by any
    Federal official in any manner that would prevent a provision of
    existing law (relating to import restrictions) from being enforced (June
    27, 1984, p. 19101); (12) denying the use of funds for any reduction in
    the number of Customs Service regions or for any consolidation of
    Customs Service offices (June 27, 1984, p. 19102); (13) denying the use
    of funds for specified Federal departments to file certain motions in
    specified civil actions (all matters of public record in the litigation
    and therefore available to responsible intervening Federal officials)
    (July 18, 2001, pp. 13683, 13684); (14) denying the use of funds in
    contravention of a cited statute (May 17, 2005, pp. 9993, 9994; June 6,
    2006, pp. 10106, 10107).
      A paragraph prohibiting the use of funds to perform abortions except
    where the mother's life would be endangered if the fetus were carried to
    term (or where the pregnancy was a result of rape or incest) is
    legislation, because requiring Federal officials to make new
    determinations and judgments not required of them by law, regardless of
    whether private or State officials administering the funds in question
    commonly make such determinations (June 17, 1977, p. 19699; June 30,
    1993, p. 14871; July 16, 1998, p. 15828). The fact that such a provision
    relating to abortion funding may have been included in appropriation
    Acts in prior years applicable to funds in those laws does not permit
    the inclusion of similar language requiring

    [[Page 880]]

    such determinations, not required by law, with respect to funds for the
    fiscal year in question (Sept. 22, 1983, p. 25406); and where the
    provision, applicable to Federal funds, was permitted to remain in a
    bill (no point of order having been made), an amendment striking the
    word ``Federal,'' and thereby broadening the provision to include
    District of Columbia funds as well, was ruled out (Nov. 15, 1989, p.
    29004; July 16, 2009, pp. 18124, 18125). However, to such a provision
    permitted to remain in a general appropriation bill, an amendment
    ``merely perfecting'' the exemption to address cases in which the health
    of the mother would be endangered if the fetus were carried to term was
    held not to constitute further legislation by requiring a different or
    more onerous determinations (June 27, 1984, p. 19113). But where the
    exception applies only in the case of rape, adding ``or incest''
    requires additional determinations and is therefore not ``merely
    perfecting'' (May 29, 2014, p. _). An amendment providing that no
    Federal funds provided in the District of Columbia general appropriation
    bill be used to perform abortions is not legislation, because Federal
    officials have the responsibility to account for all appropriations for
    the annual Federal payment and for disbursement of all taxes collected
    by the District of Columbia, pursuant to the D.C. Code (July 17, 1979,
    p. 19066).
      An exception to a limitation on funds for the Office of Personnel
    Management to enter contracts for health benefit plans that required
    determinations of ``equivalence'' of benefits was held to impose new
    duties (July 16, 1998, p. 15829). However, an exception to a similar
    limitation that merely excepted certain specified coverage and plans was
    held not to impose new duties (July 16, 1998, p. 15841). Similarly, a
    limitation denying the use of funds in an appropriation bill for the
    General Services Administration to dispose of Federally owned
    ``agricultural'' land declared surplus was held to impose new duties
    because the determination whether surplus lands are ``agricultural'' was
    not required by law (Aug. 20, 1980, pp. 22156-58), the same result
    adhering in the case of a limitation on funds for ``semi-professional
    motorsports,'' ``mixed martial arts,'' and ``sporting events'' (July 18,
    2012, p. _), ``marketing activities'' (Apr. 30, 2014, p. _), regulations
    not based on ``hard science'' (June 15, 2011, p. 9342); and ``local law
    enforcement agencies'' (where the program authorized assistance merely
    to states) (June 18, 2014, p. _). However, a limitation denying the use
    of funds for any transit project exceeding a specified cost-
    effectiveness index was held not to impose new duties where the Chair
    was persuaded that the limitation applied to projects for which indexes
    were already required by law (Sept. 23, 1993, p. 22206).
      Over a period dating from 1908, the House had developed a line of
    precedent to the effect that language restricting the availability of
    funds in a general appropriation bill could be a valid limitation if,
    rather than imposing new duties on a disbursing official or requiring
    new determinations of that official, it passively addressed the state of
    knowledge of the official (VII, 1695; cf. Aug. 1, 1989, p. 17156, and
    June 22, 1995, p. 16844 (limita

    [[Page 881]]

    tions in recommittal ruled out on basis of form rather than of
    legislative content)). This reasoning culminated in a ruling in the
    104th Congress admitting as a valid limitation an amendment prohibiting
    the use of funds in the bill to execute certain accounting transactions
    when specified conditions were ``made known'' to the disbursing official
    (July 17, 1996, p. 17542). In the 105th Congress this entire line of
    precedent was overtaken by changes in paragraphs (b) and (c) of this
    clause that treat as legislation a provision that makes funding
    contingent on whether circumstances not determinative under existing law
    are ``known'' (H. Res. 5, Jan. 7, 1997, p. 121; July 15, 1997, p. 14493;
    July 24, 1997, p. 15758).

      An amendment <> making an appropriation contingent upon a recommendation
    (June 27, 1979, p. 17054) or action not specifically required by law is
    legislation; such as a provision limiting the use of funds in a bill
    ``unless'' or ``until'' an action contrary to existing law is taken
    (Deschler, ch. 26, Sec. 47.1; July 24, 1996, p. 18888). Where existing
    law requires an agency to furnish certain information to congressional
    committees upon request, without a subpoena, it is not in order to make
    funding for that agency contingent upon its furnishing information to
    subcommittees upon request (July 30, 1980, p. 20475), or contingent upon
    submission of an agreement by a Federal official to Congress and
    congressional review thereof (July 31, 1986, p. 18370). Similarly, it is
    not in order to condition funds on legal determinations to be made by a
    Federal court and an executive department (June 28, 1988, p. 16261; see
    Deschler, ch. 26, Sec. 47.2).
      Provisions making the availability of funds contingent upon subsequent
    congressional action have, under the most recent precedents, been ruled
    out as legislation (June 30, 1942, p. 5826; May 15, 1947, p. 5378; June
    27, 1994, p. 14613). However, a limitation on the use of funds to buy
    real estate or establish new offices except where Congress had approved
    and funded such activity (June 18, 1991, p. 15218) was held in order.
      The following provisions have been ruled out as legislation: (1)
    making the availability of certain funds contingent upon subsequent
    congressional action on legislative proposals resolving the policy issue
    (Nov. 18, 1981, p. 28064); (2) making the availability of funds
    contingent upon subsequent enactment of legislation containing specified
    findings (Nov. 2, 1983, p. 30503); (3) making the availability of
    funding in the bill contingent on the funding of a separate provision of
    law (Mar. 15, 2006, p. 3713); and (4) changing a permanent appropriation
    in existing law to restrict its availability until all general
    appropriation bills are presented to the President (June 29, 1987, p.
    18083). A section in a general appropriation bill directly contravening
    existing law to subject the use of local funds to congressional approval
    was held to constitute legislation where it was shown that some local
    (District of Columbia) funds deriving from interest accounts were
    available to the Financial Control Board without subsequent
    congressional approval (Aug. 6, 1998, p. 19079).

    [[Page 882]]

      Two rulings upholding the admissibility of amendments making the
    availability of funds contingent upon subsequent congressional action
    have been superseded by the precedents cited above (June 11, 1968, p.
    16692; Sept. 6, 1979, p. 23360).
      The following provisions also have been held to be legislation as they
    required: (1) a congressional committee to promulgate regulations to
    limit the use of an appropriation (June 13, 1979, p. 14670), or
    otherwise to direct the activities of a committee (June 24, 1992, p.
    16087); (2) a substantive determination by a State or local government
    official or agency that is not otherwise required by existing law (July
    25, 1985, p. 20569); (3) the Selective Service Administration to issue
    regulations to bring its classifications into conformance with a Supreme
    Court decision (July 20, 1989, p. 15405); (4) a change in a rule of the
    House (IV, 3819); (5) an agency to submit all quarterly and annual
    reports required by law in accordance with standards for reports under a
    specified law not otherwise applicable (Sept. 9, 2003, p. 21548); (6)
    compliance (Sept. 4, 2003, p. 21213; June 9, 2014, p. _) or consistency
    (June 9, 2014, p. _) with a law not otherwise applicable.

      A provision <> proposing to construe existing law is itself legislative and
    therefore not in order (IV, 3936-3938; May 2, 1951, p. 4747; July 26,
    1951, p. 8982). However, an official's general responsibility to
    construe the language of a limitation on the use of funds, absent
    imposition of an affirmative direction not required by law, does not
    destroy the validity of a limitation (June 27, 1974, pp. 21687-94).
      Where it is asserted that duties ostensibly occasioned by a limitation
    are already imposed by existing law, the Chair may take cognizance of
    judicial decisions and rule the limitation out on the basis that the
    case law is not uniform, current, or finally dispositive (June 16, 1977,
    pp. 19365-74; June 7, 1978, p. 16676). For example, a limitation
    prohibiting the use of funds for an inspection conducted by a regulatory
    agency without a search warrant has been held out of order as imposing a
    new duty not uniformly required by case law (June 16, 1977, pp. 19365-
    74). Similarly, an amendment denying the use of funds for an agency to
    apply certain provisions of law under court decisions in effect on a
    prior date has been held out of order as requiring the official to apply
    noncurrent case law (June 7, 1978, p. 16655).
      A provision prescribing a rule of construction is legislation
    (Deschler, ch. 26, Sec. 25.15). For example, a provision prescribing a
    prospective rule of construction for possible (future) tax enactments
    was held to constitute legislation (June 21, 2000, p. 11773). Similarly,
    a provision construing a limitation in a bill by affirmatively declaring
    the meaning of the prohibition is legislation (May 17, 1988, p. 11305);
    and a provision prescribing definitions for terms contained in a
    limitation may be legislation (Deschler, ch. 26, Sec. Sec. 25.7, 25.11).
    Language excepting certain appropriations from the sweep of a broader
    limitation may be in order (Deschler, ch. 26, Sec. 25.2).

    [[Page 883]]

    It also has been held in order to except from the operation of a
    specific limitation on expenditures certain of those expenditures that
    are authorized by law by prohibiting a construction of the limitation in
    a way that would prevent compliance with that law (Deschler, ch. 26,
    Sec. 25.10; June 18, 1991, p. 15218). Similarly, a limitation on certain
    payments to persons in ``excess of $500,'' but stating that the
    limitation would not be ``construed to deprive any share renter of
    payments'' to which the renter might otherwise be entitled was held in
    order (Deschler, ch. 26, Sec. 66.1).
      The mere recitation in an amendment that a determination is to be made
    pursuant to existing laws and regulations, absent a citation to the law
    imposing such responsibility, is not sufficient proof by the proponent
    of an amendment to overcome a point of order that the amendment
    constitutes legislation (Sept. 16, 1980, p. 25606; May 8, 1986, p.
    10156). A limitation denying the use of funds to apply certain
    provisions of the Internal Revenue Code other than under regulations in
    effect on a prior date is legislation as it would require an official to
    apply regulations no longer current in order to render an appropriation
    available (June 7, 1978, p. 16655; Aug. 19, 1980, pp. 21978-80).
    Similarly, a limitation on funds to implement any ``change'' to a
    requirement in a regulation no longer in effect was held to impose a
    determination not required by current law (June 6, 2012, p. _). However,
    an exception to a limitation on the use of funds for designated Federal
    activities that were already authorized by law in more general terms,
    was held in order as not containing legislation (June 27, 1979, pp.
    17033-35).
      Language waiving provisions of an existing law that did not
    specifically permit inclusion of such a waiver in an appropriation bill
    has been ruled out (e.g., Nov. 13, 1975, p. 36271; June 20, 1996, p.
    14847; May 19, 2000, p. 8600), as has language identical to that
    contained in an authorization bill previously passed by the House but
    not yet signed into law (Aug. 4, 1978, p. 24436), or a proposition for
    repeal of existing law (VII, 1403; Mar. 16, 2006, pp. 3786-88 (sustained
    on appeal)).
      Existing law may be repeated verbatim without violating the rule (IV,
    3814, 3815), but the slightest change of the text renders it liable to a
    point of order (IV, 3817; VII, 1391, 1394; June 4, 1970, p. 18405). It
    is in order to include language descriptive of authority provided in law
    for the operation of Government agencies and corporations so long as the
    description is precise and does not change that authority in any respect
    (June 15, 1973, p. 19843; Aug. 3, 1978, p. 24249); although language
    merely reciting the applicability of current law to the use of earmarked
    funds is permitted, a provision that elevates existing guidelines to
    mandates for spending has been ruled out (July 12, 1989, p. 14432).
      It is in order by way of limitation to deny the use of funds for
    implementation of the following: (1) an Executive Order, which was
    precisely described in the amendment (Mar. 16, 1977, p. 7748); (2) a
    regulation, which was promulgated pursuant to court order and
    constitutional provisions--the authority for the regulation being an
    argument on the merits of the amend

    [[Page 884]]

    ment and not rendering it legislative in nature (Aug. 19, 1980, pp.
    21981-84); (3) a ruling of the Internal Revenue Service that taxpayers
    are not entitled to certain charitable deductions because merely
    descriptive of an existing ruling already promulgated and not requiring
    any new determinations as to the applicability of the limitation to
    other categories of taxpayers (July 16, 1979, pp. 18808-10); (4) changes
    to a set of overtime compensation regulations in existence on a given
    date (with a certain nonlegislative exception) because they did not
    require the Department to administer superseded regulations (Sept. 9,
    2004, pp. 17853, 17854).
      An amendment proposing to increase budget authority and to offset that
    increase by proposing a change in the application of the Internal
    Revenue Code of 1986 was held to constitute legislation (see, e.g.,
    Sept. 8, 1999, pp. 20896-98; June 24, 2003, p. 15831 (sustained on
    appeal); July 10, 2003, p. 17535, p. 17576).

      A provision <> that mandates
    a distribution of funds in contravention of an allocation formula in
    existing law is legislation (July 29, 1982, pp. 18637, 18638; Oct. 5,
    1983, p. 27335; Aug. 2, 1989, p. 18123; July 24, 1995, p. 20141), as is
    an amendment that by such a mandate interferes with an executive
    official's discretionary authority (Mar. 12, 1975, p. 6338), or requires
    not less than a certain sum to be used for a particular purpose where
    existing law does not mandate such expenditure (June 18, 1976, p. 19297;
    July 29, 1982, p. 18623) (including by stating that not less than a
    certain sum ``should be allocated'' (June 9, 2006, p. 10673)), or
    earmarks appropriated funds to the arts and requires their expenditure
    pursuant to standards otherwise applicable only as guidelines (July 12,
    1989, p. 14432). Where existing law directed a Federal official to
    provide for sale of certain Government property to a private
    organization in ``necessary'' amounts, an amendment providing that no
    such property be withheld from distribution from qualifying purchasers
    was legislation, because requiring disposal of all property and
    restricting discretionary authority to determine ``necessary'' amounts
    (Aug. 7, 1978, p. 24707). An amendment directing the use of funds to
    assure compliance with an existing law, where existing law does not so
    mandate, also is legislation (June 24, 1976, p. 20370). So-called
    ``hold-harmless'' provisions that mandate a certain level of expenditure
    for certain purposes or recipients, where existing law confers
    discretion or makes ratable reductions in such expenditures, also
    constitute legislation (Apr. 16, 1975, p. 10357; June 25, 1976, p.
    20557). A transfer of available funds from one department to another
    with directions as to the use to which those funds must be put is
    legislation (and also a reappropriation in violation of clause 2(a)(2)
    of this rule) (Dec. 8, 1982, p. 29449). A provision requiring States to
    match funds provided in an appropriation bill was held to constitute
    legislation where existing law contained no such requirement (June 28,
    1993, p. 14418). Where existing law prescribes a formula for the
    allocation of funds among several categories, an amendment merely
    reducing the

    [[Page 885]]

    amount earmarked for one of the categories is not legislation, so long
    as it does not textually change the statutory formula (July 24, 1995, p.
    20133).

      The House <> may, by agreeing to a report from the Committee on Rules or
    by adopting an order under suspension of the rules, allow legislation on
    general appropriation bills (IV, 3260-3263, 3839-3845). Where an
    unauthorized appropriation or legislation is permitted to remain in a
    general appropriation bill by waiver or by failure to raise a point of
    order, an amendment merely changing that amount and not adding
    legislative language or earmarking separate funds for another
    unauthorized purpose is in order (IV, 3823-3835, 3838; VII, 1405, 1413-
    1415; June 9, 1954, p. 5963; July 27, 1954, p. 12287; Oct. 1, 1975, p.
    31058; June 8, 1977, p. 17941; July 17, 1985, p. 19435; Sept. 11, 1985,
    p. 23398; June 14, 1988, p. 14341). However, this does not permit an
    amendment that adds additional legislation (IV, 3836, 3837, 3862; VII,
    1402-1436; Dec. 9, 1971, p. 4595; Aug. 1, 1973, p. 27291; June 10, 1977,
    p. 18402; July 30, 1985, p. 21532; July 23, 1986, p. 17446; June 26,
    1987, p. 17655; June 28, 1988, pp. 16203, 16213; Aug. 2, 1989, p. 18172;
    Nov. 15, 1989, p. 29004; June 23, 1998, p. 13475; July 13, 2000, p.
    14093; June 26, 2007, pp. 17485, 17486), proposes a new unauthorized
    purpose (Dec. 8, 1971, p. 45487; Aug. 7, 1978, pp. 24710-12; May 25,
    1988, p. 12256), earmarks for unauthorized purposes (July 17, 1985, p.
    19435; July 17, 1986, p. 16918; July 26, 1995, p. 20528; June 5, 1996,
    p. 13120), earmarks by directing a new use of funds not required by law
    (July 26, 1985, pp. 20811, 20813), or increases an authorized amount
    above the authorized ceiling (Aug. 4, 1999, p. 19513).
      An amendment adding a new paragraph indirectly increasing an
    unauthorized amount contained in a prior paragraph permitted to remain
    is subject to a point of order because the new paragraph is adding a
    further unauthorized amount not merely perfecting (July 12, 1995, p.
    18628; July 16, 1997, p. 14746; Sept. 17, 1998, p. 20818; June 27, 2007,
    pp. 17715, 17716; June 5, 2012, p. _). However, a new paragraph
    indirectly reducing an unauthorized amount permitted to remain in a
    prior paragraph passed in the reading is not subject to a point of order
    because it is not adding a further unauthorized amount (July 16, 1997,
    p. 14747). Where by unanimous consent an amendment is offered en bloc to
    a paragraph containing an unauthorized amount not yet read for
    amendment, the amendment increasing that unauthorized figure is subject
    to a point of order because at that point it is not being offered to a
    paragraph that has been read and permitted to remain (June 21, 1984, p.
    17687). As required by clause 2(f), the Chair will query for points of
    order against the provisions of an appropriation bill not yet reached in
    the reading but addressed by an amendment offered en bloc under that
    clause as budget authority and outlay neutral (July 22, 1997, p. 15250).
      The Chair examined an entire legislative provision permitted to remain
    when ruling that an amendment to a portion of the provision was merely
    perfecting (July 15, 1999, pp. 16284, 16291). An amendment to a general

    [[Page 886]]

    appropriation bill is not subject to a point of order as adding
    legislation for restating, verbatim, a legislative provision already
    contained in the bill and permitted to remain (Aug. 27, 1980, p. 23519).
      The following amendments to legislative provisions permitted to remain
    have been held to propose additional legislation: (1) adding another
    class to those on which assistance is conferred (June 22, 1983, p.
    16851); (2) adding an additional nation to a legislative provision
    addressing sanctions against one nation (July 13, 2000, p. 14092); (3)
    adding an additional item to a reporting requirement (July 6, 2011, pp.
    10423, 10424; July 9, 2014, p. _); (4) striking text that resulted in
    extending the legislative reach of the pending bill (July 17, 1996, p.
    17533); (5) extending a legislative provision that placed certain
    restrictions on recipients of a defined set of Federal payments and
    benefits to persons benefiting from a certain tax status determined on
    wholly unrelated criteria (Aug. 3, 1995, p. 21967); (6) extending the
    availability of certain housing assistance to certain recipients (June
    13, 2006, pp. 11041, 11042); (7) specifying a different regulation
    required to be reissued by an agency (Feb. 16, 2011, p. 2130); (8)
    adding a rule of construction regarding the implementation of a
    provision of law (as opposed to merely excepting that provision from the
    coverage of a legislative limitation on funds) (Feb. 16, 2011, pp. 2138,
    2140); (9) expanding a requirement for compliance with the Buy America
    Act to include specified domestic content for certain items (June 27,
    2012, p. _).
      On the other hand, to a legislative provision permitted to remain, an
    amendment particularizing a definition in the language was held not to
    constitute additional legislation where it was shown that the definition
    being amended already contemplated inclusion of the covered class (Aug.
    5, 1998, p. 18934). To a legislative provision permitted to remain that
    excepted from a denial of funds for abortions cases in which the life of
    the mother would be endangered if a fetus were carried to term, an
    amendment excepting instead cases in which the health of the mother
    would be endangered if the fetus were carried to term was held not to
    constitute further legislation, because determinations on the
    endangerment of life necessarily subsume determinations on the
    endangerment of health; and the amendment did not therefore require any
    different or more onerous determinations (June 27, 1984, p. 19113).
      To a paragraph permitted to remain despite containing a legislative
    proviso restricting the obligation of funds until a date within the
    fiscal year, an amendment striking the delimiting date, thus applying
    the restriction for the entire year, was held to be perfecting (July 30,
    1990, p. 20442); but striking the date and inserting a new trigger (the
    enactment of other legislation), was held to be additional legislation
    (July 30, 1990, p. 20442).

      The principle <> seems to be
    generally well accepted that the House proposing legislation on a
    general appropriation bill should recede if the other House persists in
    its objection (IV, 3904-3908), and clause 5 of rule XXII (Sec. 1076,
    infra) prohibits House conferees from agreeing to a Senate amendment
    that pro

    [[Page 887]]

    poses legislation on an appropriation bill without specific authority
    from the House. However, where a Senate amendment proposing legislation
    on a general appropriation bill is, pursuant to the edict of clause 5 of
    rule XXII, reported back from conference in disagreement, a motion to
    concur in the Senate amendment with a further amendment is in order,
    even if the proposed amendment adds legislation to that contained in the
    Senate amendment, and the only test is whether the proposed amendment is
    germane to the Senate amendment reported in disagreement (IV, 3909;
    VIII, 3188, 3189; Speaker McCormack, Dec. 15, 1970, p. 41504; Aug. 1,
    1979, pp. 22007-11; Speaker O'Neill, Dec. 12, 1979, p. 35520; June 30,
    1987, p. 18308).

                   ``holman rule'' on retrenching expenditures

      Decisions under <> the so-called ``Holman Rule'' in clause 2 of rule XXI
    have been rare in the modern practice of the House. The trend in
    construing language in general appropriation bills or amendments thereto
    has been to minimize the importance of the ``Holman Rule'' in those
    cases in which the decision can be made on other grounds. The practice
    of using limitations in appropriation bills has been perfected in recent
    years so that most modern decisions by the Chair deal with distinctions
    between such limitations and matters that are considered to be
    legislation (see Sec. Sec. 1053-1057, supra). Under the modern practice,
    the ``Holman Rule'' only applies where an obvious reduction is achieved
    by the provision in question and does not apply to limiting language
    unaccompanied by a reduction of funds in the bill (July 16, 1979, pp.
    18808-10). It has no application to an amendment to an appropriation
    bill that does not legislate but is merely a negative limitation citing
    but not changing existing law (June 18, 1980, p. 15355).
      A paragraph containing legislation reported in an appropriation bill
    to be in order must on its face show a retrenchment of a type that
    conforms to the requirements of the rule (Mar. 17, 1926, p. 5804).
      The reduction of expenditure must appear as a necessary result, in
    order to bring an amendment or provision within the exception to the
    rule. It is not sufficient that such reduction would probably, or would
    in the opinion of the Chair, result therefrom (IV, 3887; VII, 1530-
    1534). Thus, an amendment to a general appropriation bill providing that
    appropriations made in that act are hereby reduced by $7 billion, though
    legislative in form, was held in order under the ``Holman Rule''
    exception (Apr. 5, 1966, p. 7689), but an amendment providing for
    certain reductions of appropriations carried in the bill based on the
    President's budget estimates was held not to show a reduction on its
    face and to provide merely speculative reductions (Deschler, ch. 26,
    Sec. 5.6; June 24, 1992, p. 16110). An amendment authorizing the
    President to reduce each appropriation in the bill by not more than 10
    percent was ruled out as legislation conferring new authority on the
    President (May 31, 1984, p. 14617; June 6, 1984, p. 15120). An amend

    [[Page 888]]

    ment reducing an unauthorized amount permitted to remain in a general
    appropriation bill is in order as a retrenchment under this clause (Oct.
    1, 1975, p. 31058). An amendment to a general appropriation bill denying
    the availability of funds to certain recipients but requiring Federal
    officials to make additional determinations as to the qualifications of
    recipients is legislation and is not a retrenchment of expenditures
    where it is not apparent that the prohibition will reduce the amounts
    covered by the bill (June 26, 1973, p. 21389).
      The amendment must not only show on its face an attempt to retrench
    but also must be germane to some provision in the bill even though
    offered by direction of the committee having jurisdiction over the
    subject matter of the amendment (VII, 1549; Dec. 16, 1911, p. 442). An
    amendment providing that appropriations ``herein and heretofore made''
    shall be reduced by $70 million through the reduction of Federal
    employees as the President determines was held to be legislative and not
    germane to the bill, because it went to funds other than those carried
    therein, and was therefore not within the ``Holman Rule'' exception
    (Oct. 18, 1966, p. 27425).
      An amendment reducing an amount in an appropriation bill for the
    Postal Service and prohibiting the use of funds therein to implement
    special bulk third-class rates for political committees was held in
    order because not specifically requiring a new determination and because
    constituting a retrenchment of expenditures even if assumed to be
    legislative (July 13, 1979, pp. 18453-55).
      As long as an amendment calls for an obvious reduction at some point
    in time during the fiscal year, the amendment is in order under the
    ``Holman Rule'' even if the reduction takes place in the future in an
    amount actually determined when the reduction takes place (for example,
    by formula) (VII, 1491, 1505; July 30, 1980, pp. 20499-20503). To an
    amendment that is in order under the ``Holman Rule,'' containing
    legislation but retrenching expenditures by formula for every agency
    funded by the bill, an amendment exempting from that reduction several
    specific programs does not add further legislation and is in order (July
    30, 1980, pp. 20499-20503).
      A motion to recommit the District of Columbia appropriation bill with
    instructions to reduce the proportion of the fund appropriated from the
    Federal Treasury from one-half, as provided in the bill, to one-fourth
    of the entire appropriation is in order, because the effect of the
    amendment if adopted would reduce the expenditure of public money
    although not reducing the amount of the appropriation (VII, 1518).
      The term ``retrenchment'' means the reduction of the amount of money
    to be taken out of the Federal Treasury by the bill, and therefore a
    reduction of the amount of money to be contributed toward the expenses
    of the District of Columbia is in order as a retrenchment (VII, 1502).
      An amendment proposed to an item for the recoinage of uncurrent
    fractional silver, which amendment struck out the amount appropriated
    and added a provision for the coinage of all the bullion in the Treasury
    into

    [[Page 889]]

    standard silver dollars, the cost of such coinage and recoinage to be
    paid out of the Government's seigniorage, was held not to be in order
    under the rule; first, because not germane to the subject matter of the
    bill (the sundry civil); second, because it did not appear that any
    retrenchment of expenditure would result, the seigniorage being the
    property of the Government as other funds in the Treasury (VII, 1547).
      To an item of appropriation for inland transportation of mails by star
    routes an amendment was offered requiring the Postmaster General to
    provide routes and make contracts in certain cases, with the further
    provision ``and the amount of appropriation herein for star routes is
    hereby reduced to $500.'' A point of order made against the first or
    legislative part of the amendment was sustained, which decision was, on
    appeal, affirmed by the committee (VII, 1555).
      To a clause appropriating for the foreign mail service an amendment
    reducing the appropriation, and in addition repealing the act known as
    the ``subsidy act,'' was held not in order because the repealing of this
    act was not germane to the appropriation bill; and that to be in order
    both branches of the amendment must be germane to the bill (VII, 1548).
      A provision in the agricultural appropriation bill transferring the
    supervision of the importation of animals from the Treasury to the
    Department of Agriculture is out of order, being a provision changing
    law and not retrenching expenditure (IV, 3886).
      Where a paragraph containing new legislation provides in one part for
    a discharge of employees, which means a retrenchment, and in another
    part embodies legislation to bring about the particular retrenchment
    that in turn shows on its face an expenditure the amount of which is not
    apparent, the Chair is unable to hold that the net result will retrench
    expenditures. However, where the additional legislation does not show on
    its face an additional expenditure, the Chair will not speculate as to a
    possible expenditure under the additional legislation (VII, 1500).
      As explained in the annotation in Sec. 1043, supra, the amendment of
    clause 2(b) in the 98th Congress narrowed the ``Holman Rule'' exception
    to the general prohibition against legislation to cover only
    retrenchments reducing amounts of money covered by the bill, and not
    retrenchments resulting from reduction of the number and salary of
    officers of the United States or of the compensation of any person paid
    out of the U.S. Treasury. Accordingly, the Chair held out of order an
    amendment mandating the reduction of certain Federal salaries and
    expenses as not confined to a reduction of funds in the bill (June 17,
    1994, p. 13422). Paragraph (b) also eliminated separate authority
    conferred upon legislative committees or commissions with proper
    jurisdiction to report amendments retrenching expenditures, and
    permitted legislative committees to recommend such retrenchments by
    reduction of amounts covered by the bill to the Appropriations Committee
    for discretionary inclusion in the reported bill. Paragraph (d) as added
    in the 98th Congress provides a new procedure for consideration of all
    retrenchment amendments only when reading of the bill has been

    [[Page 890]]

    completed and only if the Committee of the Whole does not adopt a motion
    to rise and report the bill back to the House. Other decisions that
    involved interpretation of the ``Holman Rule,'' but which do not reflect
    the current form or interpretation of that rule, are found in IV, 3846,
    3885-3892; VII, 1484, 1486-1492, 1498, 1500, 1515, 1563, 1564, 1569;
    June 1, 1892, p. 4920.

      This <> provision from section
    139(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190f(c))
    was made part of the standing rules in the 83d Congress (Jan. 3, 1953,
    p. 24). Previously, a reappropriation of an unexpended balance for an
    object authorized by law was in order on a general appropriation bill
    (IV, 3591, 3592; VII, 1156, 1158). This clause was amended in the 99th
    Congress by section 228(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177) to permit the Committee on
    Appropriations to report certain transfers of unexpended balances.
    Consistent with clause 2 of rule XXI, and as codified in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. 47), violations of this clause are
    enforced only against specific provisions in general appropriation bills
    containing reappropriations rather than against consideration of the
    bill (see Deschler, ch. 25, Sec. 3).
      A provision in a general appropriation bill, or an amendment thereto,
    providing that funds for a certain purpose are to be derived by
    continuing the availability of funds previously appropriated for a prior
    fiscal year is in violation of clause 2(a)(2) (formerly clause 6 of rule
    XXI) (Aug. 20, 1951, p. 10393; Mar. 29, 1960, p. 6862; June 17, 1960, p.
    13138; June 20, 1973, p. 20530; July 29, 1982, p. 18625; June 28, 1988,
    p. 16255), and a reappropriation of unexpended prior year balances
    prohibited by this clause is not in order under the guise of a ``Holman
    Rule'' exception to clause 2 of rule XXI (Oct. 18, 1966, p. 27424). An
    amendment to a general appropriation bill making any appropriations that
    are available for the current fiscal year available for certain new
    purposes was held out of order under clause 2(a)(2) because it was not
    confined to the funds in the bill and would permit reappropriation of
    unexpended balances (Oct. 1, 1975, p. 31090). That appropriations may be
    authorized in law for a specified object does not permit an amendment to
    a general appropriation bill to include legislative language mandating
    the reappropriation of funds from other Acts (July 28, 1992, p. 19652).
      This rule, however, is not applicable when the reappropriation
    language is identical to legislative authorization language enacted
    subsequent to the adoption of the rule, because the law is a more recent
    expression of the will of the House (Sept. 5, 1961, p. 18133), nor when
    a measure transferring unobligated balances of previously appropriated
    funds contains legislative provisions and rules changes but no
    appropriation of new budget authority and is neither in the form of an
    appropriation bill nor the subject of a privileged report by the
    Committee on Appropriations under rule XIII (Mar. 3, 1988, p. 3239).

    [[Page 891]]

      The return of an unexpended balance to the Treasury is in order (IV,
    3594).
      A provision in a general appropriation bill that authorizes an
    official to transfer funds among appropriation accounts in the bill
    changes existing law in violation of clause 2 of rule XXI by including
    language conferring new authority (Deschler, ch 26, Sec. 29.2; June 9,
    2006, pp. 10681, 10682). However, direct transfers of appropriations
    within the confines of the same bill normally are considered in order
    (VII, 1468) as a ``within-bill'' transfer rather than a transfer of
    unexpended balances of the kind addressed by clause 2(a)(2).

      To <> invoke the
    protection of clause 2(f), an amendment must not (1) propose a change
    other than a transfer of appropriations among objects in the bill, such
    as increasing the amount of a deferral (June 15, 2000, p. 11064),
    rescission (Feb. 16, 2011, pp. 2136, 2137), or limitation on obligations
    from a trust fund (June 26, 2012, p. _), or striking sections of the
    bill (Apr. 29, 2015, p. _ (sustained on appeal)); (2) reach back in the
    reading (Feb. 15, 2011, pp. 1965, 1966); or (3) increase the levels of
    budget authority or outlays carried in the bill (July 12, 2000, p.
    14071; July 13, 2004, pp. 15193, 15194, pp. 15198, 15199; June 6, 2012,
    p. _), and the proponent of an amendment carries the burden of so
    proving (see Sec. 1044a, supra). An amendment otherwise in order under
    this paragraph may nevertheless be in violation of clause 2(a)(1) if
    increasing an appropriation above the authorized amount contained in the
    bill (Aug. 4, 1999, p. 19513). The Chair will query for points of order
    against provisions of a bill not yet read when they are addressed by an
    offsetting amendment under this paragraph (e.g., May 17, 2005, p. 9975).
    On one occasion, the House adopted an order rendering clause 2(f)
    unavailable during consideration of a bill in the case of an amendment
    transferring appropriations among objects falling within more than one
    suballocation under section 302(b) of the Congressional Budget Act of
    1974 (Feb. 15, 2011, p. 1823), and an amendment to such bill proposing
    such a transfer was ruled out as impermissibly addressing portions of
    the bill not yet read (Feb. 15, 2011, p. 1971).

      The <> 112th through
    114th Congresses (sec. 3(j), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(d),
    H. Res. 5, Jan. 3, 2013, p. _; sec. 3(d), H. Res. 5, Jan. 6, 2015, p. _)
    established (1) a procedure for reducing an amount in a general
    appropriation bill and displaying that reduction in a spending reduction
    account in the bill, and (2) a point of order against an amendment
    increasing the level of budget authority in a general appropriation
    bill, as follows:

    (d) Spending Reduction Amendments in Appropriations Bills.
              (1) During the reading of a general appropriation bill for
            amendment in the Committee of the Whole House on the state of
            the Union, it shall be in order to consider en bloc amendments
            proposing only to transfer appropriations from an object or
            objects in the bill

    [[Page 892]]

            to a spending reduction account. When considered en bloc under
            this clause, such amendments may amend portions of the bill not
            yet read for amendment (following disposition of any points of
            order against such portions) and are not subject to a demand for
            division of the question in the House or in the Committee of the
            Whole.
              (2) Except as provided in paragraph (1), it shall not be in
            order to consider an amendment to a spending reduction account
            in the House or in the Committee of the Whole House on the state
            of the Union.
              (3) It shall not be in order to consider an amendment to a
            general appropriation bill proposing a net increase in budget
            authority in the bill (unless considered en bloc with another
            amendment or amendments proposing an equal or greater decrease
            in such budget authority pursuant to clause 2(f) of rule XXI).
              (4) A point of order under clause 2(b) of rule XXI shall not
            apply to a spending reduction account.
              (5) A general appropriation bill may not be considered in the
            Committee of the Whole House on the state of the Union unless it
            includes a spending reduction account as the last section of the
            bill. An order to report a general appropriation bill to the
            House shall constitute authority for the chair of the Committee
            on Appropriations to add such a section to the bill or modify
            the figure contained therein.
              (6) For purposes of this subsection, the term ``spending
            reduction account'' means an account in a general appropriation
            bill that bears that caption and contains only a recitation of
            the amount by which an applicable allocation of new budget
            authority under section 302(b) of the Congressional Budget Act
            of 1974 exceeds the amount of new budget authority proposed by
            the bill.

      The Chair is persuasively guided by an estimate from the chair of the
    Committee on the Budget as to whether an amendment proposes a net
    increase in budget authority in the bill under paragraph (3) (e.g., Feb.
    15, 2011, p. 1987; Apr. 7, 2011, pp. 5337, 5338 (sustained by tabling of
    appeal)). An amendment to a general appropriation bill proposing a
    limitation on funds in the bill for the instant fiscal year was held not
    to propose a net increase in budget authority within the meaning of this
    provision (Feb. 18, 2011, pp. 2490, 2491). An amendment to a general
    appropriation bill that proposed to do more than merely transfer
    appropriations from objects in the bill to a spending reduction account
    (July 6, 2011, pp. 10466, 10467) or proposed to increase the figure in
    the spending reduction account by greater than the amount of reductions
    in earlier accounts (June 1, 2012, p. _) was ineligible to avail itself
    of the protection of paragraph (1) to reach ahead to text not yet read
    for amendment.

    [[Page 893]]

      3. <> It shall not be in order to
    consider a general appropriation bill or joint resolution, or conference
    report thereon, that--
          (a) provides spending authority derived from receipts deposited in
    the Highway Trust Fund (excluding any transfers from the General Fund of
    the Treasury); or
          (b) reduces or otherwise limits the accruing balances of the
    Highway Trust Fund,
    for any purpose other than for those activities authorized for the
    highway or mass transit categories.

      This clause was rewritten entirely in the 112th Congress (sec.
    2(d)(4), H. Res. 5, Jan. 5, 2011, p. 80). For its predecessor, which
    enforced specified minimum levels of surface transportation obligation
    limitations, see Sec. 1064 of the House Rules and Manual for the 111th
    Congress (H. Doc. 110-162).
      Section 48114 <> of
    title 49 (a provision first added by the Wendell H. Ford Aviation
    Investment and Reform Act for the 21st Century (sec. 106, P.L. 106-181),
    extended to 2007 by its reenactment in title 49 (sec. 104, P.L. 108-
    176), and extended to 2015 by the FAA Modernization and Reform Act of
    2012 (sec. 104, P.L. 112-95)) provides a point of order to enforce
    guarantees of total budget resources in a fiscal year for certain
    aviation investment programs as follows:

    Sec. 48114. Funding for Aviation Programs.
      (a) Authorization of Appropriations.--
              (1) Airport and airway trust fund guarantee.--
                      (A) In general.--The total budget resources made
                    available from the Airport and Airway Trust Fund each
                    fiscal year pursuant to sections 48101, 48102, 48103,
                    and 106(k) shall--
      (i) in fiscal year 2013, be equal to 90 percent of the estimated level
    of receipts plus interest credited to the Airport and Airway Trust Fund
    for that fiscal year; and
      (ii) in fiscal year 2014 and each fiscal year thereafter, be equal to
    the sum of--

    [[Page 894]]

                      (B) Guarantee.--No funds may be appropriated or
                    limited for aviation investment programs listed in
                    subsection (b)(1) unless the amount described in
                    subparagraph (A) has been provided.
              (2) Additional authorizations of appropriations from the
            general fund.--In any fiscal year through fiscal year 2015, if
            the amount described in paragraph (1) is appropriated, there is
            further authorized to be appropriated from the general fund of
            the Treasury such sums as may be necessary for the Federal
            Aviation Administration Operations account.
      (b) Definitions.--In this section, the following definitions apply:
              (1) Total budget resources.--The term ``total budget
            resources'' means the total amount made available from the
            Airport and Airway Trust Fund for the sum of obligation
            limitations and budget authority made available for a fiscal
            year for the following budget accounts that are subject to the
            obligation limitation on contract authority provided in this
            title and for which appropriations are provided pursuant to
            authorizations contained in this title:
                      (A) 69-8106-0-7-402 (Grants in Aid for Airports).
                      (B) 69-8107-0-7-402 (Facilities and Equipment).
                      (C) 69-8108-0-7-402 (Research and Development).
                      (D) 69-8104-0-7-402 (Trust Fund Share of Operations).
              (2) Estimated level of receipts plus interest.--The term
            ``estimated level of receipts plus interest'' means the level of
            excise taxes and interest credited to the Airport and Airway
            Trust Fund under section 9502 of the Internal Revenue Code of
            1986 for a fiscal year as set forth in the President's budget
            baseline projection as defined in section 257 of the Balanced
            Budget and Emergency Deficit Control Act of 1985 (Public Law 99-
            177) (Treasury identification code 20-8103-0-7-402) for that
            fiscal year submitted pursuant to section 1105 of title 31,
            United States Code.
      (c) Enforcement of Guarantees.--
              (1) Total airport and airway trust fund funding.--It shall not
            be in order in the House of Representatives or the Senate to
            consider any bill, joint resolution, amendment, motion, or
            conference report that would cause total budget resources in a
            fiscal year for aviation investment programs described in
            subsection (b) to be less than the amount required by subsection
            (a)(1)(A) for such fiscal year.
              (2) Capital priority.--It shall not be in order in the House
            of Representatives or the Senate to consider any bill, joint
            resolution, amendment, motion, or conference report that
            provides an appropriation (or any amendment thereto) for any
            fiscal year through fiscal

    [[Page 895]]

            year 2015 for Research and Development or Operations if the sum
            of the obligation limitation for Grants-in-Aid for Airports and
            the appropriation for Facilities and Equipment for such fiscal
            year is below the sum of the authorized levels for Grants-in-Aid
            for Airports and for Facilities and Equipment for such fiscal
            year.

      The chairs of the Committee on Rules and the Committee on
    Transportation and Infrastructure inserted in the Record correspondence
    concerning points of order established in this section (Mar. 15, 2000,
    p. 2805).

    Appropriations on legislative bills
      4. <> A
    bill or joint resolution carrying an appropriation may not be reported
    by a committee not having jurisdiction to report appropriations, and an
    amendment proposing an appropriation shall not be in order during the
    consideration of a bill or joint resolution reported by a committee not
    having that jurisdiction. A point of order against an appropriation in
    such a bill, joint resolution, or amendment thereto may be raised at any
    time during pendency of that measure for amendment.

      This portion of the rule was adopted June 1, 1920 (VII, 2133). When
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47), this clause was returned to clause 4 where it had been
    until moved to former clause 5(a) of rule XXI in the 93d Congress (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
      A point of order under this clause cannot be raised against a motion
    to suspend the rules (VIII, 3426), against a motion to discharge a
    nonappropriating committee from consideration of a bill carrying an
    appropriation (VII, 2144), or against a Senate amendment (except as
    applied through clause 5 of rule XXII) (VII, 1572). However, it may be
    directed against an amendment proposed to a Senate amendment to a House
    bill not reported from the Committee on Appropriations (Oct. 1, 1980,
    pp. 28638-42) or against an item of appropriation in a Senate bill (VII,
    2136, 2147; July 30, 1957, pp. 13056, 13181). If the House deletes a
    provision in a Senate bill under this clause, the bill is messaged to
    the Senate with the deletion in the form of an amendment. The point of
    order may be made against an appropriation in a Senate bill that,
    although not reported in the House, is considered in lieu of a reported
    House ``companion bill'' (VII,

    [[Page 896]]

    2137; Mar. 29, 1933, p. 988). The clause does not apply to private bills
    because the committees having jurisdiction over bills for the payment of
    private claims may report bills making appropriations within the limits
    of their jurisdiction (VII, 2135; Dec. 12, 1924, p. 538). The point of
    order under this clause does not apply to an appropriation in a bill
    that has been taken away from a nonappropriating committee by a motion
    to discharge (VII, 1019a). The point of order under this clause does not
    apply to a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of an amendment containing an
    appropriation, because the amendment is not separately before the House
    during consideration of the special order (Feb. 24, 1993, p. 3542).
      The provision in this clause that a point of order against an
    amendment containing an appropriation to a legislative bill may be made
    ``at any time'' has been interpreted to require that the point of order
    be raised during the pendency of the amendment under the five-minute
    rule (Mar. 18, 1946, p. 2365; Apr. 28, 1975, p. 12043), and a point of
    order will lie against an amendment during its pendency, even in its
    amended form, although the point of order is against the amendment as
    amended by a substitute and no point of order was raised against the
    substitute before its adoption (Apr. 23, 1975, pp. 11512-13). However,
    the point of order must be raised during the initial consideration of
    the bill or amendment under the five-minute rule, and a point of order
    against similar language permitted to remain in the House version and
    included in a conference report on a bill will not lie, because the only
    rule prohibiting such inclusion (clause 5 of rule XXII) is limited to
    language originally contained in a Senate amendment where the House
    conferees have not been specifically authorized to agree thereto (May 1,
    1975, p. 12752). Where the House has adopted a resolution waiving points
    of order against certain appropriations in a legislative bill, a point
    of order may nevertheless be raised against an amendment to the bill
    containing an identical provision, because under this rule a point of
    order may be raised against the amendment ``at any time'' (Apr. 23,
    1975, p. 11512). A point of order against a direct appropriation in a
    bill initially reported from a legislative committee and then
    sequentially referred to and reported adversely by the Committee on
    Appropriations was conceded and sustained as in violation of this clause
    (Nov. 10, 1975, p. 35611). The point of order should be directed to the
    item of appropriation in the bill and not to the act of reporting the
    bill (VII, 2143), and cannot be directed to the entire bill (VII, 2142;
    Apr. 28, 1975, p. 12043).
      The term ``appropriation'' in the rule means the payment of funds from
    the Treasury, and the words ``warranted and make available for
    expenditure for payments'' are equivalent to ``is hereby appropriated''
    and therefore not in order (VII, 2150). The words ``available until
    expended,'' making an appropriation already made for one year available
    for ensuing years, are not in order (VII, 2145).
      The point of order provided for in this clause is not applicable to
    the following provisions: (1) authorizing the Secretary of the Treasury
    to use

    [[Page 897]]

    proceeds from the sale of bonds under the Second Liberty Bond Act
    (public debt transactions) for the purpose of making loans, because such
    loans do not constitute ``appropriations'' within the purview of the
    rule (June 28, 1949, pp. 8536-38; Aug. 2, 1950, p. 11599); (2) exempting
    loan guarantees in a legislative bill from statutory limitations on
    expenditures (July 16, 1974, p. 23344); (3) authorizing the availability
    of certain loan receipts where it can be shown that the actual
    availability of those receipts remains contingent upon subsequent
    enactment of an appropriation act (Sept. 10, 1975, p. 28300); (4)
    increasing the duties of a commission (VII, 1578); (5) authorizing
    payment from an appropriation to be made (Jan. 31, 1923, p. 2794).
      Language reappropriating, making available, or diverting an
    appropriation or a portion of an appropriation already made for one
    purpose to another (VII, 2146; Mar. 29, 1933, p. 988; Aug. 10, 1988, p.
    21719), or for one fiscal year to another (Mar. 26, 1992, p. 7223), is
    not in order. For example, the following provisions have been held out
    of order: (1) expanding the definition in existing law of recipients
    under a Federal subsidy program as permitting a new use of funds already
    appropriated (May 11, 1976, pp. 13409-11); (2) authorizing the use,
    without a subsequent appropriation, of funds directly appropriated by a
    previous statute for a new purpose (Oct. 1, 1980, pp. 28637-40).
    However, a modification of such a provision making payments for such new
    purposes ``effective only to the extent and in such amounts as are
    provided in advance in appropriation acts'' does not violate this clause
    (Oct. 1, 1980, pp. 28638-42).
      The following provisions have also been held to be in violation of
    this clause: (1) directing a departmental officer to pay a certain sum
    out of unexpended balances (VII, 2154); (2) authorizing the use of funds
    of the Shipping Board (VII, 2147); (3) directing payments out of Indian
    trust funds (VII, 2149); (4) making excess foreign currencies
    immediately available for a new purpose (Aug. 3, 1971, p. 29109); (5)
    authorizing the collection of fees or user charges by Federal agencies
    and making the revenues collected therefrom available without further
    appropriation (June 17, 1937, pp. 5915-18; Mar. 29, 1972, pp. 10749-51);
    (6) transferring existing Federal funds into a new Treasury trust fund
    to be immediately available for a new purpose (June 20, 1974, pp. 20273-
    75); (7) transferring unexpended balances of appropriations from an
    existing agency to a new agency created therein (Apr. 9, 1979, p. 7774);
    (8) making a direct appropriation to carry out a part of the Energy
    Security Act (Oct. 24, 1985, p. 28812); (9) requiring the diversion of
    previously appropriated funds in lieu of the enactment of new budget
    authority if a maximum deficit amount under the Deficit Control Act of
    1985 is exceeded, though its stated purpose may be to avoid the
    sequestration of funds (Aug. 10, 1988, p. 21719).
      Section 401(a) of the Congressional Budget Act of 1974 (88 Stat. 317)
    prohibits consideration in the House of any bill, resolution, or
    amendment that provides new spending authority (as that term is defined
    in that section) unless that measure also provides that such new
    spending authority

    [[Page 898]]

    is to be available only to the extent provided in appropriation acts
    (see Sec. 1127, supra). See also Deschler, ch. 25, Sec. 4 for a
    discussion of appropriations on legislative bills generally.

    Tax and tariff measures and amendments
      5. (a)(1) <> A bill or joint resolution carrying a tax or tariff
    measure may not be reported by a committee not having jurisdiction to
    report tax or tariff measures, and an amendment in the House or proposed
    by the Senate carrying a tax or tariff measure shall not be in order
    during the consideration of a bill or joint resolution reported by a
    committee not having that jurisdiction. A point of order against a tax
    or tariff measure in such a bill, joint resolution, or amendment thereto
    may be raised at any time during pendency of that measure for amendment.
      (2) For purposes of paragraph (1), a tax or tariff measure includes an
    amendment proposing a limitation on funds in a general appropriation
    bill for the administration of a tax or tariff.

      Subparagraph (1) was added in the 98th Congress (H. Res. 5, Jan. 3,
    1983, p. 34). Subparagraph (2) was added in the 108th Congress (sec.
    2(o), H. Res. 5, Jan. 7, 2003, p. 7). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    5(b) of rule XXI (H. Res. 5, Jan. 6, 1999, p. 47).
      A point of order under this paragraph against a provision in a bill is
    in order at any time during consideration of the bill for amendment in
    Committee of the Whole (Aug. 1, 1986, p. 18649). On October 4, 1989, the
    chair of the Committee of the Whole, before ruling on several points of
    order under this paragraph, enunciated several guidelines to distinguish
    taxes and tariffs on the one hand and user or regulatory fees and other
    forms of revenue on the other (p. 23260). On the opening day of the 102d
    Congress, Speaker Foley inserted in the Congressional Record the
    following statement of jurisdictional concepts underlying those same
    distinctions and indicated his intention to exercise his referral
    authority under rule X in a manner consistent with this paragraph (Jan.
    3, 1991, p. 64 (reiterated

    [[Page 899]]

    at the beginning of each Congress, e.g., Jan. 4, 1995, p. 551; Jan. 3,
    2001, p. 39)):
              Clause 5(b) (current clause 5(a)) of rule XXI prohibits the
            reporting of a tax or tariff matter by any committee not having
            that jurisdiction. Most of the questions of order arising under
            this clause since its adoption in 1983 have related to
            provisions that clearly affected the operation of the Internal
            Revenue Code or the customs laws. From time to time, however,
            such a question has related to a provision drafted as a user or
            regulatory fee levied on members of a class that occasions or
            avails itself of a particular governmental activity, typically
            to generate revenue in support of that activity. In order to
            provide guidance concerning the referral of bills, to assist
            committees in staying within their appropriate jurisdictions
            under rule X, to assist committees without jurisdiction over tax
            or tariff measures in complying with clause 5(b) of rule XXI,
            and to protect the constitutional prerogative of the House to
            originate revenue bills, the Speaker will make the following
            statement: Standing committees of the House (other than the
            Committees on Appropriations and Budget) have jurisdiction to
            consider user, regulatory and other fees, charges, and
            assessments levied on a class directly availing itself of, or
            directly subject to, a governmental service, program, or
            activity, but not on the general public, as measures to be
            utilized solely to support, subject to annual appropriations,
            the service, program, or activity (including agency functions
            associated therewith) for which such fees, charges, and
            assessments are established and collected and not to finance the
            costs of Government generally. The fee must be paid by a class
            benefiting from the service, program or activity, or being
            regulated by the agency; in short, there must be a reasonable
            connection between the payors and the agency or function
            receiving the fee. The fund that receives the amounts collected
            is not itself determinative of the existence of a fee or a tax.
            The Committee on Ways and Means has jurisdiction over ``revenue
            measures generally'' under rule X. That committee is entitled to
            an appropriate referral of broad-based fees and could choose to
            recast such fees as excise taxes. A provision only reauthorizing
            or amending an existing fee without fundamental change, or
            creating a new fee generating only a de minimis  aggregate
            amount of revenues, does not necessarily require a sequential
            referral to the Committee on Ways and Means. The Chair intends
            to coordinate these principles with the Committee on the Budget
            and the Congressional Budget Office, especially in the
            reconciliation process, so that budget scorekeeping does not
            determine, and reconciliation directives and their
            implementation will not be inconsistent with, committee
            jurisdiction. Further, it should be emphasized that the
            constitutional prerogative of the House to originate revenue
            measures will continue to be viewed broadly to include

    [[Page 900]]

            any meaningful revenue proposal that the Senate may attempt to
            originate.
      The adoption of subparagraph (2) in the 108th Congress established a
    different standard for determining a violation of this clause by an
    amendment to a reported general appropriation bill than for a provision
    in the appropriation bill itself. Before its adoption, a Member raising
    a point of order under this paragraph against a provision in, or an
    amendment to, a general appropriation bill affecting the use of funds
    therein (otherwise traditionally in order if admissible under clause 2
    of rule XXI), carried the burden of showing a necessary, certain, and
    inevitable change in revenue collections or tax statuses or liabilities
    (Sept. 12, 1984, pp. 25108, 25109, 25120; July 26, 1985, p. 20806; Aug.
    1, 1986, p. 18649; July 13, 1990, p. 17473; June 18, 1991, p. 15189).
    The intent of the rules change, as expressed during debate on the
    change, was ``to ease the burden on the maker of a point of order
    [against an amendment] from having to show a necessary, certain and
    inevitable change in revenue collections, tax statuses, or liability as
    previous precedents required, to one of showing a textual relationship
    between the amendment and the administration of the Internal Revenue or
    tariff laws'' (Jan. 7, 2003, p. 12). Under that standard the following
    amendments to a general appropriation bill have been held to impose a
    limitation on funds in violation of this clause: (1) to assess or
    collect any tax liability attributable to the inclusion of certain
    economic assistance in the taxpayer's gross income (Sept. 9, 2003, p.
    21531); (2) to process the importation of any product from Iran (June
    18, 2004, pp. 13041, 13042); (3) for the accession of the Russian
    Federation into the World Trade Organization, thereby effecting changes
    to that country's products under domestic tariff law (June 28, 2006, p.
    12958); (4) to carry out various provisions of the Internal Revenue Code
    of 1986 (June 1, 2011, pp. 8520, 8521).
      The precedents developed under this clause before its change in the
    108th Congress still apply to the Chair's determination whether a
    limitation in a general appropriation bill (rather than an amendment
    thereto) constitutes a tax or tariff measure proscribed by this
    paragraph. Prior precedents addressing amendments are still viable for
    that determination. The Chair will consider argument as to whether the
    limitation effectively and inevitably changes revenue collections and
    tax status or liability (Aug. 1, 1986, p. 18649). For example, in
    determining whether an amendment to a general appropriation bill
    proposing a change in IRS funding priorities constituted a tax measure
    proscribed by this paragraph, the Chair considered argument as to
    whether the change would necessarily or inevitably result in a loss or
    gain in tax liability and in tax collection (June 18, 1991, p. 15189).
      A limitation on the use of funds contained in a general appropriation
    bill was held to violate this paragraph by denying the use of funds by
    the Customs Service to enforce duty-free entry laws with respect to
    certain imported commodities, thereby requiring the collection of
    revenues not oth

    [[Page 901]]

    erwise provided for by law (Oct. 27, 1983, p. 29611). Similar rulings
    were issued: (1) where it was shown that the imposition of the
    restriction on IRS funding for the fiscal year would effectively and
    inevitably preclude the IRS or the Customs Service from collecting
    revenues otherwise due and owing by law or require collection of revenue
    not legally due or owing (July 26, 1985, p. 20806; Aug. 1, 1986, pp.
    18649, 18650; July 17, 1996, p. 17563); and (2) where a provision in a
    general appropriation bill prohibited the use of funds to impose or
    assess certain taxes due under specified portions of the Internal
    Revenue Code (July 13, 1990, p. 17473). In the 98th Congress, the Chair
    sustained points of order under this paragraph against motions to concur
    in three Senate amendments to a general appropriation bill (not reported
    by the Committee on Ways and Means): (1) an amendment denying the use of
    funds in that or any other Act by the IRS to impose or assess any tax
    due under a designated provision of the Internal Revenue Code, thereby
    rendering the tax uncollectable through the use of any funds available
    to the agency (Sept. 12, 1984, p. 25108); (2) an amendment directing the
    Secretary of the Treasury to admit free of duty certain articles
    imported by a designated organization (Sept. 12, 1984, p. 25109); and
    (3) an amendment to the Tariff Act of 1930 to expand the authority of
    the Customs Service to seize and use the proceeds from the sale of
    contraband imports to defray operational expenses, and to offset owed
    customs duties under one section of that law (Sept. 12, 1984, p. 25120).
    A limitation on funds (above a specified amount) in any Act for the
    Internal Revenue Service to administer any tax collection contract was
    conceded to inevitably constrain the collection of revenues and was
    stricken from the bill (June 28, 2007, p. 17932). An amendment to a
    general appropriation bill proposing to divert an increase in funding
    for the IRS from spot-checks to targeted audits was held not to
    constitute a tax within the meaning of this paragraph because it did not
    necessarily affect revenue collection levels or tax liabilities (June
    18, 1991, p. 15189).
      In the 99th Congress, the following provisions in a reconciliation
    bill reported from the Committee on the Budget were ruled out as tax
    measures not reported from the Committee on Ways and Means: (1) a
    recommendation from the Committee on Education and Labor excluding
    certain interest on obligations from the Student Loan Marketing
    Association from application of the Internal Revenue Code, affecting
    interest deductions against income taxes (Oct. 24, 1985, pp. 28776,
    28827); and (2) a recommendation from the Committee on Merchant Marine
    and Fisheries expanding tax benefits available to shipowners through a
    capital construction fund (Oct. 24, 1985, pp. 28802, 28827). In the
    101st Congress, the following provisions in an omnibus budget
    reconciliation bill were ruled out: (1) a fee per passenger on cruise
    vessels, with revenues credited as proprietary receipts of the Coast
    Guard to be used for port safety, security, navigation, and
    antiterrorism activities (Oct. 4, 1989, p. 23260); (2) a per acre
    ``ocean protection fee'' on oil and gas leaseholdings in the Outer
    Continental Shelf, with receipts to be used to offset costs of various
    ocean protection programs

    [[Page 902]]

    (Oct. 4, 1989, p. 23261); (3) an amendment to the Internal Revenue Code
    relating to the tax deductibility of pension fund contributions (Oct. 4,
    1989, p. 23262); (4) a fee incident to termination of employee benefit
    plans, with receipts to be applied to enforcement and administration of
    plans remaining with the system (Oct. 4, 1989, p. 23262); and (5) a fee
    incident to the filing of various pension benefit plan reports required
    by law, with revenues to be transferred to the Department of Labor for
    the enforcement of that law (Oct. 5, 1989, p. 23328).
      To a bill reported from the Committee on Education and Labor
    authorizing financial assistance to unemployed individuals for
    employment opportunities, an amendment providing instead for tax
    incentives to stimulate employment was held to be a tax measure in
    violation of this paragraph (Sept. 21, 1983, p. 25145). A provision in a
    bill reported from the Committee on Foreign Affairs imposing a uniform
    fee at ports of entry to be collected by the Customs Service as a
    condition of importation of a commodity was held to constitute a tariff
    within the meaning of this paragraph (June 4, 1985, p. 14009), as was an
    amendment to a bill reported from that committee amending the tariff
    schedules to deny ``most favored nation'' trade treatment to a certain
    nation (July 11, 1985, p. 18590). A provision in a general appropriation
    bill creating a new tariff classification was held to constitute a
    tariff under this paragraph (June 15, 1994, p. 13103). A motion to
    concur in a Senate amendment constituting a tariff measure (imposing an
    import ban on certain dutiable goods) to a bill reported by a committee
    not having tariff jurisdiction was ruled out under this paragraph (Sept.
    30, 1988, p. 27316). A proposal to increase a fee incident to the filing
    of a securities registration statement, with the proceeds to be
    deposited in the general fund of the Treasury as offsetting receipts,
    was held to constitute a tax within the meaning of this paragraph
    because the amount of revenue derived and the manner of its deposit
    indicated a purpose to defray costs of Government, generally (Oct. 23,
    1990, p. 32650). To a bill reported by the Committee on Transportation
    and Infrastructure, an amendment increasing a user fee was ruled out as
    a tax measure where the fee overcollected to offset a reduction in
    another fee, thus attenuating the relationship between the amount of the
    fee and the cost of the Government activity for which it was assessed
    (May 9, 1995, p. 12180). To a bill reported by the Committee on Science,
    Space, and Technology, an amendment proposing sundry changes in the
    Federal income tax by direct amendments to the Internal Revenue Code of
    1986 was ruled out of order as carrying a tax measure in violation of
    this paragraph (Sept. 16, 1992, p. 25205), as were amendments to a
    general appropriation bill proposing in part to temper recently enacted
    reductions in rates of tax on income (July 10, 2003, p. 17535, p.
    17576).

    [[Page 903]]

    Passage of tax rate increases-
      (b) <> A
    bill or joint resolution, amendment, or conference report carrying a
    Federal income tax rate increase may not be considered as passed or
    agreed to unless so determined by a vote of not less than three-fifths
    of the Members voting, a quorum being present. In this paragraph the
    term ``Federal income tax rate increase'' means any amendment to
    subsection (a), (b), (c), (d), or (e) of section 1, or to section 11(b)
    or 55(b), of the Internal Revenue Code of 1986, that imposes a new
    percentage as a rate of tax and thereby increases the amount of tax
    imposed by any such section.

      This provision was added in the 104th Congress (sec. 106(a), H. Res.
    6, Jan. 4, 1995, p. 463), and in the 105th Congress it was amended to
    clarify the definition of ``Federal income tax rate increase'' as
    limited to a specific amendment to one of the named subsections (H. Res.
    5, Jan. 7, 1997, p. 121). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 5(c) of rule
    XXI (H. Res. 5, Jan. 6, 1999, p. 47). On one occasion the Chair held
    that a provision repealing a ceiling on total tax liability attributable
    to a net capital gain was not subject to the original version of this
    paragraph (Apr. 5, 1995, p. 10614). The modified version of this
    paragraph comprises three elements (an amendment to a pertinent section
    of the Internal Revenue Code of 1986, the imposition of a new rate of
    tax thereunder, and an increase in the amount of tax thereby imposed)
    and a measure that does not fulfill even the first element does not
    carry a Federal income tax rate increase (Jan. 18, 2007, pp. 1621, 1622
    (sustained by tabling of appeal); Mar. 3, 2011, pp. 3173, 3174). This
    paragraph does not apply to a concurrent resolution (Speaker Gingrich,
    May 18, 1995, p. 13499). A resolution reported from the Committee on
    Rules rendering this paragraph inapplicable may be adopted by majority
    vote (Oct. 26, 1995, p. 29477). The Speaker rules on the applicability
    of this paragraph only pending the question of final passage of a
    measure alleged to carry a Federal income tax rate increase, and not in
    advance upon adoption of a special order rendering this paragraph
    inapplicable (Oct. 26, 1995, p. 29477).

    [[Page 904]]

    Consideration of retroactive tax rate increases
      (c) <> It shall not be in order to consider a bill, joint
    resolution, amendment, or conference report carrying a retroactive
    Federal income tax rate increase. In this paragraph--
          (1) the term ``Federal income tax rate increase'' means any
    amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to
    section 11(b) or 55(b), of the Internal Revenue Code of 1986, that
    imposes a new percentage as a rate of tax and thereby increases the
    amount of tax imposed by any such section; and
          (2) a Federal income tax rate increase is retroactive if it
    applies to a period beginning before the enactment of the provision.

      This paragraph was added in the 104th Congress (sec. 106(b), H. Res.
    6, Jan. 4, 1995, p. 463), and it was amended in the 105th Congress to
    clarify the definition of ``Federal income tax rate increase'' (H. Res.
    5, Jan. 7, 1997, p. 121). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 5(d) of rule
    XXI (H. Res. 5, Jan. 6, 1999, p. 47).

    Designation of public works
      6. <> It
    shall not be in order to consider a bill, joint resolution, amendment,
    or conference report that provides for the designation or redesignation
    of a public work in honor of an individual then serving as a Member,
    Delegate, Resident Commissioner, or Senator.

      This clause was adopted in the 107th Congress (sec. 2(q), H. Res. 5,
    Jan. 3, 2001, p. 25).

     end segment .011  deg.
    [[Page 905]]

       <> 7. It
    shall not be in order to consider a concurrent resolution on the budget,
    or an amendment thereto, or a conference report thereon that contains
    reconciliation directives under section 310 of the Congressional Budget
    Act of 1974 that specify changes in law such that the reconciliation
    legislation reported pursuant to such directives would cause an increase
    in net direct spending (as such term is defined in clause 10) for the
    period covered by such concurrent resolution.

      This clause was added in the 110th Congress (sec. 402, H. Res. 6, Jan.
    4, 2007, p. 19 (adopted Jan. 5, 2007)), amended in the 111th Congress to
    reflect a change in the time periods in clause 10(a)(1) (sec. 2(j), H.
    Res. 5, Jan. 6, 2009, p. 7), and rewritten in the 112th Congress to
    focus on an increase in direct spending instead of a reduction in the
    surplus or an increase in the deficit (sec. 2(d)(5), H. Res. 5, Jan. 5,
    2011, p. 80).

       <> 8. With respect to
    measures considered pursuant to a special order of business, points of
    order under title III of the Congressional Budget Act of 1974 shall
    operate without regard to whether the measure concerned has been
    reported from committee. Such points of order shall operate with respect
    to (as the case may be)--
          (a) the form of a measure recommended by the reporting committee
    where the statute uses the term ``as reported'' (in the case of a
    measure that has been so reported);
          (b) the form of the measure made in order as an original bill or
    joint resolution for the purpose of amendment; or

    [[Page 906]]

          (c) the form of the measure on which the previous question is
    ordered directly to passage.

      This clause was added in the 110th Congress (sec. 403, H. Res. 6, Jan.
    4, 2007, p. 19 (adopted Jan. 5, 2007)).

      9. (a) It shall not be in order to consider--
          (1) a <> bill or joint
    resolution reported by a committee unless the report includes a list of
    congressional earmarks, limited tax benefits, and limited tariff
    benefits in the bill or in the report (and the name of any Member,
    Delegate, or Resident Commissioner who submitted a request to the
    committee for each respective item included in such list) or a statement
    that the proposition contains no congressional earmarks, limited tax
    benefits, or limited tariff benefits;
          (2) a bill or joint resolution not reported by a committee unless
    the chair of each committee of initial referral has caused a list of
    congressional earmarks, limited tax benefits, and limited tariff
    benefits in the bill (and the name of any Member, Delegate, or Resident
    Commissioner who submitted a request to the committee for each
    respective item included in such list) or a statement that the
    proposition contains no congressional earmarks, limited tax benefits, or
    limited tariff benefits to be printed in the Congressional Record prior
    to its consideration;
          (3) an amendment to a bill or joint resolution to be offered at
    the outset of its consideration for amendment by a member of a com

    [[Page 907]]

    mittee of initial referral as designated in a report of the Committee on
    Rules to accompany a resolution prescribing a special order of business
    unless the proponent has caused a list of congressional earmarks,
    limited tax benefits, and limited tariff benefits in the amendment (and
    the name of any Member, Delegate, or Resident Commissioner who submitted
    a request to the proponent for each respective item included in such
    list) or a statement that the proposition contains no congressional
    earmarks, limited tax benefits, or limited tariff benefits to be printed
    in the Congressional Record prior to its consideration; or
          (4) a conference report to accompany a bill or joint resolution
    unless the joint explanatory statement prepared by the managers on the
    part of the House and the managers on the part of the Senate includes a
    list of congressional earmarks, limited tax benefits, and limited tariff
    benefits in the conference report or joint statement (and the name of
    any Member, Delegate, Resident Commissioner, or Senator who submitted a
    request to the House or Senate committees of jurisdiction for each
    respective item included in such list) or a statement that the
    proposition contains no congressional earmarks, limited tax benefits, or
    limited tariff benefits.
      (b) It shall not be in order to consider a conference report to
    accompany a regular general appropriation bill unless the joint
    explanatory statement prepared by the managers on the part

    [[Page 908]]

    of the House and the managers on the part of the Senate includes--
          (1) a list of congressional earmarks, limited tax benefits, and
    limited tariff benefits in the conference report or joint statement (and
    the name of any Member, Delegate, Resident Commissioner, or Senator who
    submitted a request to the House or Senate committees of jurisdiction
    for each respective item included in such list) that were neither
    committed to the conference committee by either House nor in a report of
    a committee of either House on such bill or on a companion measure; or
          (2) a statement that the proposition contains no such
    congressional earmarks, limited tax benefits, or limited tariff
    benefits.
      (c) It shall not be in order to consider a rule or order that waives
    the application of paragraph (a) or (b). As disposition of a point of
    order under this paragraph or paragraph (b), the Chair shall put the
    question of consideration with respect to the rule or order or
    conference report, as applicable. The question of consideration shall be
    debatable for 10 minutes by the Member initiating the point of order and
    for 10 minutes by an opponent, but shall otherwise be decided without
    intervening motion except one that the House adjourn.
      (d) In order to be cognizable by the Chair, a point of order raised
    under paragraph (a) may be based only on the failure of a report,
    submission to the Congressional Record, or joint explanatory statement
    to include a list required by

    [[Page 909]]

    paragraph (a) or a statement that the proposition contains no
    congressional earmarks, limited tax benefits, or limited tariff
    benefits.
      (e) For the purpose of this clause, the term ``congressional earmark''
    means a provision or report language included primarily at the request
    of a Member, Delegate, Resident Commissioner, or Senator providing,
    authorizing or recommending a specific amount of discretionary budget
    authority, credit authority, or other spending authority for a contract,
    loan, loan guarantee, grant, loan authority, or other expenditure with
    or to an entity, or targeted to a specific State, locality or
    Congressional district, other than through a statutory or administrative
    formula-driven or competitive award process.
      (f) For the purpose of this clause, the term ``limited tax benefit''
    means--
          (1) any revenue-losing provision that--
              (A) provides a Federal tax deduction, credit, exclusion, or
    preference to 10 or fewer beneficiaries under the Internal Revenue Code
    of 1986, and
              (B) contains eligibility criteria that are not uniform in
    application with respect to potential beneficiaries of such provision;
    or
          (2) any Federal tax provision which provides one beneficiary
    temporary or permanent transition relief from a change to the Internal
    Revenue Code of 1986.
      (g) For the purpose of this clause, the term ``limited tariff
    benefit'' means a provision modifying the Harmonized Tariff Schedule of
    the

    [[Page 910]]

    United States in a manner that benefits 10 or fewer entities.

      This clause was added in the 110th Congress (sec. 404, H. Res. 6, Jan.
    4, 2007, p. 19 (adopted Jan. 5, 2007)), a similar point of order having
    operated during part of the 109th Congress (H. Res. 1000, Sept. 14,
    2006, p. 18316). Paragraph (b) was added in the 111th Congress (and
    subsequent paragraphs redesignated) (sec. 2(i), H. Res. 5, Jan. 6, 2009,
    p. 7), a similar point of order having operated during part of the 110th
    Congress (H. Res. 491, June 18, 2007, p. 16163). A clarifying change to
    paragraph (b)(2) was made during the 111th Congress (sec. 2, H. Res.
    544, June 16, 2009, p. 15281). A gender-based reference was eliminated
    in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
      A point of order under this clause does not lie against an unreported
    measure where the chair of the committee of initial referral has printed
    in the Record a statement that the measure contains no congressional
    earmarks, limited tax benefits, or limited tariff benefits (Jan. 31,
    2007, pp. 2737, 2738 (sustained by tabling of appeal)), or against a
    reported measure where the committee report contains such a statement
    (May 10, 2007, pp. 12190, 12191; May 23, 2007, p. 13686). Paragraph (d)
    requires that a point of order under this clause be predicated only on
    the absence of a complying statement, and does not contemplate a
    question of order relating to the content of such statement (May 10,
    2007, p. 12191). A point of order under this clause is untimely after
    consideration has begun (Mar. 23, 2007, pp. 7420, 7423). Because
    paragraph (a) does not apply to a Senate amendment or an amendment
    considered as adopted pursuant to a special order of business, a rule
    waiving all points of order against a motion to dispose of a Senate
    amendment (Sept. 25, 2007, p. 25434 (sustained by tabling of appeal)) or
    a rule effecting a ``self-executing'' amendment (Sept. 27, 2007, p.
    25723) has no tendency to waive the applicability of paragraph (a)
    within the meaning of paragraph (c). After a point of order under
    paragraph (a)(1) is sustained against consideration of a bill, a
    committee may file a supplemental report pursuant to clause 3(a)(2) of
    rule XIII to correct a technical error in the depiction of a bill number
    in the portion of a committee report regarding disclosure under this
    clause (July 30, 2010, p. 14834).
      Debate on the point of order is on the question of considering the
    measure that is the subject of the point of order (May 14, 2008, p.
    9053). A point of order under both this clause and section 426 of the
    Congressional Budget Act, respectively, may be raised against a special
    order of business (May 14, 2008, pp. 9050, 9052; Jan. 28, 2014, p. _;
    May 21, 2014, p. _). A manager of a measure who controls time for debate
    against the point of order that is to be resolved by a question of
    consideration is entitled to close debate (Mar. 21, 2010, p. 4105).

    ---
    [[Page 911]]

       <> 10. (a)(1) Except as
    provided in paragraphs (b) and (c), it shall not be in order to consider
    a bill or joint resolution, or an amendment thereto or a conference
    report thereon, if the provisions of such measure have the net effect of
    increasing mandatory spending for the period of either--
          (A) the current year, the budget year, and the four fiscal years
    following that budget year; or
          (B) the current year, the budget year, and the nine fiscal years
    following that budget year.
      (2) For the purpose of this clause, the terms ``budget year'' and
    ``current year'' have the meanings specified in section 250 of the
    Balanced Budget and Emergency Deficit Control Act of 1985, and the term
    ``mandatory spending'' has the meaning of ``direct spending'' specified
    in such section 250 except that such term shall also include provisions
    in appropriation Acts that make outyear modifications to substantive law
    as described in section 3(4)(C) of the Statutory Pay-As-You-Go Act of
    2010.
      (b) If a bill or joint resolution, or an amendment thereto, is
    considered pursuant to a special order of the House directing the Clerk
    to add as new matter at the end of such bill or joint resolution the
    entire text of a separate measure or measures as passed by the House,
    the new matter proposed to be added shall be included in the evaluation
    under paragraph (a) of the bill, joint resolution, or amendment.

    [[Page 912]]

      (c)(1) Except as provided in subparagraph (2), the evaluation under
    paragraph (a) shall exclude a provision expressly designated as an
    emergency for the Statutory Pay-As-You-Go Act of 2010, in the case of a
    point of order under this clause against consideration of--
          (A) a bill or joint resolution;
          (B) an amendment made in order as original text by a special order
    of business;
          (C) a conference report; or
          (D) an amendment between the Houses.
      (2) In the case of an amendment (other than one specified in
    subparagraph (1)) to a bill or joint resolution, the evaluation under
    paragraph (a) shall give no cognizance to any designation of emergency.

      Clause 10 was added in the 110th Congress (sec. 405, H. Res. 6, Jan.
    4, 2007, p. 19 (adopted Jan. 5, 2007)) and amended in the 111th Congress
    (sec. 2(j), H. Res. 5, Jan. 6, 2009, p. 7; sec. 5, H. Res. 1500, July 1,
    2010, p. 12572). In its original form it addressed increases in the
    deficit or surplus caused by changes in revenue and direct spending. It
    was changed to its present form in the 112th Congress (sec. 2(d), H.
    Res. 5, Jan. 5, 2011, p. 80). The Chair is authoritatively guided by
    estimates from the chair of the Committee on the Budget whether the net
    effect of an amendment increases mandatory spending as compared to the
    proposition to which offered (e.g., Jan. 26, 2011, p. 920; Mar. 3, 2011,
    pp. 3171, 3172 (sustained by tabling of appeal); Mar. 10, 2011, p. 3765;
    Mar. 11, 2011, p. 3829). A point of order against a bill under this
    clause is not timely pending the question of engrossment and third
    reading (Mar. 30, 2011, pp. 4715, 4716).

    -  For the <> 112th
    Congress, the House established a point of order against consideration
    of a measure increasing mandatory spending above a certain threshold
    over four 10-fiscal-year periods (sec. 3(g) of H. Res. 5, Jan. 5, 2011,
    p. 80). A similar provision has been carried in concurrent resolutions
    on the budget (e.g., sec. 3101, S. Con. Res. 11, 114th Cong.).

    ---
    [[Page 913]]

      Under the <> former clause 10, the Chair was authoritatively guided by
    estimates from the Committee on the Budget as to the net effect of a
    provision on the relevant surplus or deficit (Dec. 12, 2007, p. 34065).
    Spending provided by appropriation acts did not constitute ``direct
    spending'' (May 15, 2008, p. 9229). For a complete recitation of
    precedents under the former clause, see Sec. 1068e of the House Rules
    and Manual for the 111th Congress (H. Doc. 110-162).

       <> 11. It
    shall not be in order to consider a bill or joint resolution which has
    not been reported by a committee until the third calendar day (excluding
    Saturdays, Sundays, or legal holidays except when the House is in
    session on such a day) on which such measure has been available to
    Members, Delegates, and the Resident Commissioner.

      This clause was added in the 112th Congress (sec. 2(b), H. Res. 5,
    Jan. 5, 2011, p. 80). It applies to bills and joint resolutions only
    (Jan. 7, 2011, p. 228) and is predicated on a number of days (not hours)
    of availability, including electronic availability in consonance with
    clause 3 of rule XXIX (Mar. 17, 2011, pp. 4373, 4374). A point of order
    under this clause is not ripe until the measure in question is called up
    for consideration (Mar. 17, 2011, p. 4373).

     segment .012 -- rule XXII  deg.

                                    Rule XXII

                           house and senate relations

    Senate amendments
      1. <> A motion to disagree to
    Senate amendments to a House proposition and to request or agree to a
    conference with the Senate, or a motion to insist on House amendments to
    a Senate proposition and to request or agree to a conference with the
    Senate, shall be privileged in the discretion of the Speaker if offered
    by direction of the primary

    [[Page 914]]

    committee and of all reporting committees that had initial referral of
    the proposition.

      This provision (proviso in former clause 1 of rule XX), added by the
    89th Congress (H. Res. 8, Jan. 4, 1965, p. 21), provides a method
    whereby bills can be sent to conference by majority vote. As contained
    in section 126(a) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and adopted as part of the Rules of the House in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), this clause included
    language relating to separate votes on nongermane Senate amendments that
    was, in the 93d Congress, modified and transferred to former clause 5 of
    rule XXVIII (current clause 10 of rule XXII) (H. Res. 998, Apr. 9, 1974,
    pp. 10195-99). Before the House recodified its rules in the 106th
    Congress, clauses 1 and 3 of this rule occupied a single clause
    (formerly clause 1 of rule XX) (H. Res. 5, Jan. 6, 1999, p. 47).
    Technical changes were effected in the 108th Congress (sec. 2(u), H.
    Res. 5, Jan. 7, 2003, p. 7).
      The motion to <> send a bill
    to conference under this clause is in order notwithstanding the fact
    that the stage of disagreement has not been reached (Aug. 1, 1972, p.
    26153). On a bill that has been initially referred and reported in the
    House, the motion must be authorized by all committees reporting thereon
    (Sept. 26, 1978, p. 31623). However, a committee receiving sequential
    referral of a bill or not reporting thereon need not authorize the
    motion (Oct. 4, 1994, p. 27643). This clause was recodified in the 106th
    Congress to reflect this practice (H. Res. 5, Jan. 6, 1999, p. 47). On a
    Senate bill with a House amendment consisting of the text of two
    corresponding House bills that were previously reported to the House,
    the motion must be authorized by the committees reporting those
    corresponding bills (Oct. 1, 1998, p. 22944). Where such a motion has
    been rejected by the House, it may be repeated if the committee having
    jurisdiction over the subject matter again authorizes its chair to make
    the motion (Deschler-Brown, ch. 33, Sec. 2.13). The motion to send to
    conference is in order only if the Speaker chooses to recognize for that
    purpose, and the Speaker will not recognize for the motion where there
    has been referred a nongermane Senate amendment to a House committee
    with jurisdiction and they have not yet had the opportunity to consider
    the amendment (June 28, 1984, p. 19770). Under clause 2(a)(3) of rule
    XI, a committee may adopt a rule providing that the chair be directed to
    offer a motion under this clause whenever the chair considers it
    appropriate (Sec. 791, supra).

      2. <> A
    motion to dispose of House bills with Senate amendments not requiring
    consideration in the Committee of the Whole House on the state of the
    Union shall be privileged.

    [[Page 915]]

      This provision was adopted in 1890 (IV, 3089) as part of the rule
    governing disposal of business on the Speaker's table (formerly clause 2
    of rule XXIV). When the House recodified its rules in the 106th
    Congress, all provisions of former clause 2 of rule XXIV except this one
    were transferred to clause 2 of rule XIV (H. Res. 5, Jan. 6, 1999, p.
    47). For a discussion of referral of Senate amendments at the Speaker's
    table, see Sec. 873, supra.

      3. <> Except as permitted by clause 1, before the stage of
    disagreement, a Senate amendment to a House bill or resolution shall be
    subject to the point of order that it must first be considered in the
    Committee of the Whole House on the state of the Union if, originating
    in the House, it would be subject to such a point under clause 3 of rule
    XVIII.

      This provision was adopted in 1880 to prevent Senate amendments of the
    class described from escaping consideration in Committee of the Whole
    (IV, 4796). Before the House recodified its rules in the 106th Congress,
    clauses 1 and 3 of this rule occupied a single clause (formerly clause 1
    of rule XX) (H. Res. 5, Jan. 6, 1999, p. 47).
      Although <> a Senate amendment that is merely a
    modification of a House proposition, such as the increase or decrease of
    the amount of an appropriation, and does not involve new and distinct
    expenditure, may not be required to be considered in Committee of the
    Whole (IV, 4797-4806; VIII, 2382-2385), where the question was raised
    against a Senate amendment that on its face apparently placed a charge
    upon the Treasury, the Speaker held it devolved upon those opposing the
    point of order to cite proof to the contrary (VIII, 2387). When an
    amendment is offered in the House to provide an appropriation for
    another purpose than that of the Senate amendment, the House resolves
    into Committee of the Whole to consider it (IV, 4795). When an amendment
    is referred, the entire bill goes to the Committee of the Whole (IV,
    4808), but the Committee considers only the Senate amendment (V, 6192).
    It usually considers all the amendments, although they may not all be
    within the rule requiring such consideration (V, 6195). In Committee of
    the Whole a Senate amendment, even though it be very long, is considered
    as an entirety and not by paragraphs or sections (V, 6194). When
    reported from the Committee of the Whole, Senate amendments are voted on
    en bloc and only those amendments on which a separate vote is demanded
    are voted on severally (VIII, 3191). It has been held that each
    amendment is subject to general debate and amendment under the five-
    minute rule

    [[Page 916]]

    (V, 6193, 6196). The requirement of this clause that certain Senate
    amendments be considered in Committee of the Whole applies only before
    the stage of disagreement has been reached on the Senate amendment, and
    it is too late after the House has disagreed thereto and the amendments
    have been reported from conference in disagreement to raise a point of
    order that Senate amendments should have been considered in Committee of
    the Whole (Oct. 20, 1966, p. 28240; Dec. 4, 1975, p. 38714). The
    Committee on Rules may recommend a special order of business providing
    that a Senate amendment pending at the Speaker's table and otherwise
    requiring consideration in Committee of the Whole under this clause be
    ``hereby'' adopted, which special order, if adopted, would obviate the
    requirement of this clause (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993,
    p. 2500).
      When <> the
    stage of disagreement has been reached on a bill with amendments of the
    other House, motions to dispose of said amendments are privileged in the
    House (clause 4 of rule XXII). See Sec. Sec. 528-528d, supra.

      4. <> When the stage of disagreement has been reached on a bill or
    resolution with House or Senate amendments, a motion to dispose of any
    amendment shall be privileged.

      This provision was adopted when the House recodified its rules in the
    106th Congress to codify current practice, which is described in
    Sec. Sec. 528c, 528d, supra (H. Res. 5, Jan. 6, 1999, p. 47). The House
    has by special order of business limited the availability of this motion
    to the Majority Leader or a designee (Sept. 30, 2013, p. _; July 31,
    2014, p. _) and the Chair declined to recognize another Member for such
    a motion (Oct. 2, 2013, p. _; Oct. 12, 2013, p. _, p. _). The ordinary
    motion to table under clause 4 of rule XVI may be applied to a Senate
    amendment and is preferential to a motion to recede and concur in the
    Senate amendment offered under this clause (Mar. 3, 2015, p. _).

      5. (a) <> Managers on the part of the House may not agree to a
    Senate amendment described in paragraph (b) unless specific authority to
    agree to the amendment first is given by the House by a separate vote
    with respect thereto. If specific authority is not granted, the Senate
    amendment shall be reported in disagreement by the con

    [[Page 917]]

    ference committee back to the two Houses for disposition by separate
    motion.
      (b) The managers on the part of the House may not agree to a Senate
    amendment described in paragraph (a) that--
          (1) would violate clause 2(a)(1) or (c) of rule XXI if originating
    in the House; or
          (2) proposes an appropriation on a bill other than a general
    appropriation bill.

      This clause was adopted on June 1, 1920 (pp. 8109, 8120). Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 2 of rule XX. The recodification also extended
    the rule to Senate amendments containing reappropriations of unexpended
    balances now referenced in clause 2(c) of rule XXI (H. Res. 5, Jan. 6,
    1999, p. 47).
      Although the rule provides for a motion authorizing the managers on
    the part of the House to agree to amendments of the Senate in violation
    of clause 2 of rule XXI, such as a motion to recommit a conference
    report on a general appropriation bill with instructions to agree to a
    legislative Senate amendment (Speaker Albert, Dec. 19, 1973, p. 42565),
    it does not permit a motion to recommit a conference report on a general
    appropriation bill to include instructions to add legislation to that
    contained in a Senate amendment (Nov. 13, 1973, p. 36847). It had been
    customary after a conference on a general appropriation bill with
    numbered Senate amendments for the managers to report certain Senate
    amendments in technical disagreement, and after the partial conference
    report (consisting of agreement on those Senate amendments not in
    violation of clause 2 of rule XXI) is disposed of, the remaining
    amendments are taken up in order and disposed of directly in the House
    by separate motion. When Senate amendments in disagreement are
    considered in this fashion, they are not subject to a point of order
    under this clause (Dec. 4, 1975, p. 38714); and a motion to (recede and)
    concur in the Senate amendment with a further amendment is also in
    order, even if the proposed amendment is also legislation on an
    appropriation bill. The only test is whether the proposed amendment is
    germane to the Senate amendment reported in disagreement (IV, 3909;
    VIII, 3188, 3189; Speaker McCormack, Dec. 15, 1970, p. 41504; Aug. 1,
    1979, pp. 22007-11; Speaker O'Neill, Dec. 12, 1979, p. 35520; June 30,
    1987, p. 18308). In recent years Senate amendments to House-passed
    general appropriation bills have been in the nature of a substitute,
    which are not divided for separate disposition in conference.
      In the event an appropriation bill with Senate amendments in violation
    of clause 2 of rule XXI is sent to conference by unanimous consent, such

    [[Page 918]]

    procedure does not thereby prevent a point of order from being sustained
    against the conference report should the managers on the part of the
    House violate the provisions of this clause (VII, 1574). But where a
    special rule in the House waives points of order against portions of an
    appropriation bill that are unauthorized by law, and the bill passes the
    House with those provisions included therein and goes to conference, the
    conferees may report back their agreement to those provisions even
    though they remain unauthorized, because the waiver in the House of
    points of order under this clause carries over to the consideration of
    the same provisions when the conference report is before the House (Dec.
    20, 1969, pp. 40445-48, consideration of conference report; Dec. 9,
    1969, p. 37948, adoption of special rule waiving points of order against
    the bill in the House). The rule is a restriction upon the managers on
    the part of the House only, and does not provide for a point of order
    against a Senate amendment when it comes up for action by the House
    (VII, 1572). Managers may be authorized to agree to an appropriation by
    a resolution reported from the Committee on Rules (VII, 1577). House
    managers may include in their report a modification of a Senate
    amendment that eliminates the appropriation in that amendment (June 8,
    1972, p. 20280); and the prohibition in this clause applies only to
    language in Senate amendments. Thus the conferees may without violating
    this clause agree to language in a Senate bill that was sent to
    conference (Speaker Albert, Jan. 25, 1972, pp. 1076, 1077; June 30,
    1976, pp. 21632-34) or agree to language in a House bill that was
    permitted to remain and that constitutes an appropriation on a
    legislative bill (Speaker Albert, May 1, 1975, p. 12752).
      A provision in a Senate amendment included in a conference report on
    an authorization bill considered after the relevant appropriation has
    been enacted into law, directing that funds appropriated pursuant to the
    authorization be obligated and expended on a project not specifically
    funded in the appropriation, is itself an appropriation and may not be
    agreed to by House conferees (Nov. 29, 1979, pp. 34113-15); and House
    conferees were held to have violated this clause when they had agreed to
    a provision in a Senate amendment not only authorizing appropriations to
    pay judgments against the United States for the award of attorney fees
    and other court costs, but also requiring that where such payments were
    not paid out of appropriated funds, payment be made in the same manner
    as judgments under 28 U.S.C. 2414 and 2517 (payable directly out of the
    Treasury pursuant to a direct appropriation previously provided by law
    in 31 U.S.C. 1304) (Oct. 1, 1980, pp. 28637-40).

      6. A Senate amendment carrying a tax or tariff measure in violation of
    clause 5(a) of rule XXI may not be agreed to.

      This provision was adopted when the House recodified its rules in the
    106th Congress to reiterate the prohibition found in clause 5(a) of rule

    [[Page 919]]

    XXI against a bill or joint resolution carrying a tax or tariff measure
    not reported by the Committee on Ways and Means (H. Res. 5, Jan. 6,
    1999, p. 47).

    Conference reports; amendments reported in disagreement
      7. (a) <> The presentation of a conference report
    shall be in order at any time except during a reading of the Journal or
    the conduct of a record vote, a vote by division, or a quorum call.

      The practice of giving conference reports privilege dates from 1850,
    having had its origin in a temporary rule. This practice was continued
    by rulings of the Chair until this rule was adopted in 1880 (V, 6443-
    6446, 6454). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1(a) of rule XXVIII
    (H. Res. 5, Jan. 6, 1999, p. 47). For the requirement of a tax
    complexity analysis in either the joint statement or the Record, see
    clause 11 of this rule.
      Under the language of the rule, a conference report may be presented:
    (1) while a Member is occupying the floor in debate (V, 6451; VIII
    3294); (2) while a bill is being read (V, 6448); (3) after the yeas and
    nays have been ordered (V, 6457); (4) after a vote by tellers and
    pending the question of ordering the yeas and nays, although it may not
    be presented while the House is dividing (V, 6447); (5) after the
    previous question has been demanded or ordered (V, 6449, 6450); (6)
    during a call of the House if a quorum be present (V, 6456); (7) pending
    the forthwith report of a committee following adoption of a motion to
    recommit while the previous question is operating (e.g., Apr. 24, 2007,
    pp. 9923-25); (8) on Calendar Wednesday (VII, 907), but consideration of
    such reports yields to Calendar Wednesday business (VII, 899). It takes
    precedence over: (1) a motion to adjourn (V, 6451-6453), although as
    soon as the report is presented the motion to adjourn may be put (V,
    6451-6453); (2) a report from the Committee on Rules (V, 6449); (3) the
    motion to reconsider (V, 5605); (4) the motion to resolve into the
    Committee of the Whole for consideration of general appropriation bills
    (VIII, 3291); (5) consideration of District of Columbia business on
    Monday (VIII, 3292); (6) unfinished business (Speaker O'Neill, Oct. 4,
    1978, p. 33473). It has been permitted to intervene when a special order
    provides that the House shall consider a certain bill ``until the same
    is disposed of'' (V, 6454). The consideration of a conference report may
    be interrupted, even in the midst of the reading of the statement, by
    the arrival of the hour previously fixed for a recess (V, 6524). Of
    course, a question of privilege that relates to the integrity of the
    House as an agency

    [[Page 920]]

    for action may not be required to yield precedence to a matter entitled
    to priority merely by the rules relating to the order of business (V,
    6454).
      The question of consideration under clause 3 of rule XVI may be
    demanded against a conference report before points of order against the
    report are raised (VIII, 2439; Speaker Albert, Sept. 28, 1976, p.
    33019). The motion to lay on the table may not be applied to a
    conference report (V, 6540). The Chair will not recognize for a
    unanimous-consent request to correct a conference report, including the
    joint statement of managers, because it is a joint report to the two
    Houses (Oct. 3, 2000, p. 20560).
      Although the rule provides that the managers of the House asking for
    conference shall leave the papers with the managers of the other
    (Sec. Sec. 555, 556, supra), if the managers on the part of the House
    agreeing to a conference surrender the papers to the House asking the
    conference, the report may be received first by the House asking the
    conference (VIII, 3330).
      For further discussion of conference reports, see provisions of
    Jefferson's Manual at Sec. Sec. 527-559, supra.

      (b)(1) <> Subject to subparagraph (2) the time allotted for debate on
    a motion to instruct managers on the part of the House shall be equally
    divided between the majority and minority parties.
      (2) If the proponent of a motion to instruct managers on the part of
    the House and the Member, Delegate, or Resident Commissioner of the
    other party identified under subparagraph (1) both support the motion,
    one-third of the time for debate thereon shall be allotted to a Member,
    Delegate, or Resident Commissioner who opposes the motion on demand of
    that Member, Delegate, or Resident Commissioner.

      This paragraph was added in the 101st Congress (H. Res. 5, Jan. 3,
    1989, p. 72). Before the House recodified its rules in the 106th
    Congress, it was found in former clause 1(b) of rule XXVIII (H. Res. 5,
    Jan. 6, 1999, p. 47). The division of debate time specified in this
    clause does not apply to an amendment to a motion after defeat of the
    previous question thereon, and the proponent of such an amendment is
    recognized for one hour under clause 2 of rule XVII (formerly clause 2
    of rule XIV) (Oct. 3, 1989, p. 22863; July 14, 1993, p. 15668; Aug. 1,
    1994, p. 18868). The proponent of a motion to instruct conferees has the
    right to close debate (July 28, 1994, p. 18405; July 26, 1996, p.
    19450).

    [[Page 921]]

      (c)(1) <> A motion to instruct managers
    on the part of the House, or a motion to discharge all managers on the
    part of the House and to appoint new conferees, shall be privileged
    after a conference committee has been appointed for 45 calendar days and
    25 legislative days without making a report, but only on the day after
    the calendar day on which the Member, Delegate, or Resident Commissioner
    offering the motion announces to the House intention to do so and the
    form of the motion.
      (2) The Speaker may designate a time in the legislative schedule on
    that legislative day for consideration of a motion described in
    subparagraph (1).
      (3) During the last six days of a session of Congress, a motion under
    subparagraph (1) shall be privileged after a conference committee has
    been appointed for 36 hours without making a report and the proponent
    meets the notice requirement in subparagraph (1).
      (d) Instructions to conferees in a motion to instruct or in a motion
    to recommit to conference may not include argument.

      Paragraph (c) (formerly clause 1(c) of rule XXVIII) was adopted
    December 8, 1931 (VIII, 3225). The notice requirement was added on
    January 3, 1989 (H. Res. 5, 101st Cong., p. 72), and amended on January
    5, 1993 (H. Res. 5, 103d Cong., p. 49) to clarify that both the motion
    to discharge conferees and appoint new conferees and the motion to
    instruct conferees after the requisite time in conference are subject to
    one day's notice, and to authorize the Speaker to designate a time in
    that day's legislative schedule for the consideration of a noticed
    motion to discharge or instruct conferees. Paragraph (c) was amended in
    the 108th Congress to permit the motion to be offered after not only 20
    calendar days but also after 10 legislative days, measured concurrently
    (sec. 2(p), H. Res. 5, Jan. 7, 2003, p.

    [[Page 922]]

    7), and such time periods were increased in the 114th Congress to 45 and
    25 days, respectively (sec. 2(e), H. Res. 5, Jan. 6, 2015, p. _).
    Technical amendments to paragraph (c)(3) were effected in the 109th
    Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005, p. 44) and 111th Congress
    (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9). Paragraph (d) was added in
    the 107th Congress (sec. 2(r), H. Res. 5, Jan. 3, 2001, p. 25). A
    gender-based reference was eliminated in the 111th Congress (sec. 2(l),
    H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in
    the 106th Congress, paragraph (c) was found in former clause 1(c) of
    rule XXVIII (H. Res. 5, Jan. 6, 1999, p. 47). Recodification resulted in
    certain unintended changes to paragraph (c), and the paragraph was
    restored to its original intent in the 107th Congress (sec. 2(r), H.
    Res. 5, Jan. 3, 2001, p. 25).
      The motion to instruct conferees under this clause may be repeated
    notwithstanding prior disposition of an identical motion to instruct,
    because any number of proper motions to instruct are in order after
    conferees have failed to report within the requisite time (Speaker
    Albert, July 22, 1974, p. 24448; July 10, 1985, p. 18440), and the
    motion remains available when a conference report, filed after the
    requisite time, is recommitted by the first House to act thereon,
    because the conferees are not discharged and the original conference
    remains in being (June 28, 1990, p. 16156). A motion under this clause
    may instruct House conferees to insist on holding conference sessions
    under just and fair conditions, and in executive session if desirable
    (Aug. 1, 1935, p. 12272), and may instruct House conferees to meet with
    Senate conferees (May 2, 1984, p. 10732). The motion to instruct
    conferees under this clause is of equal privilege with the motion to
    suspend the rules on a suspension day (Mar. 1, 1988, pp. 2749, 2751,
    2754). The motion to adjourn is in order while a motion to instruct
    under this paragraph is pending (Sept. 30, 1997, p. 20886), and, if such
    a motion to adjourn is adopted, the motion to instruct is rendered
    unfinished business on the next day without need for further notice
    under this paragraph (Oct. 1, 1997, p. 20894). Under clause 8(a)(2)(C)
    of rule XX, proceedings may not resume on a postponed question of
    agreeing to a motion to instruct offered pursuant to paragraph (c) after
    the managers have filed a conference report in the House (Oct. 19, 1999,
    p. 25961; Nov. 21, 2003, p. 30780; May 19, 2004, p. 10129; June 28,
    2012, p. _; July 28, 2014, p. _). The House has by unanimous consent
    disabled motions under this paragraph for a specified conference (Oct.
    16, 2013, p. _) and has by special order of business tolled the ripening
    of such motions (e.g., Aug. 1, 2012, p. _).

      (e) <> Each conference report to the House shall be printed as a
    report of the House. Each such report shall be accompanied by a joint
    explanatory statement prepared jointly by the managers on the

    [[Page 923]]

    part of the House and the managers on the part of the Senate. The joint
    explanatory statement shall be sufficiently detailed and explicit to
    inform the House of the effects of the report on the matters committed
    to conference.

      The original rule requiring the submission of a statement was adopted
    in 1880 (V, 6443) and remained in effect through the 91st Congress. The
    precedents carried in this annotation interpret the earlier rule, which
    required only that the statement be signed by a majority of the House
    managers (V, 6505, 6506) and did not anticipate a statement jointly
    prepared by the managers on the part of the House and those on the part
    of the Senate. The rule was revised in the Legislative Reorganization
    Act of 1970 (sec. 125(b); 84 Stat. 1140) and made a part of the standing
    Rules of the House in its present form in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 1(d) of rule
    XXVIII (H. Res. 5, Jan. 6, 1999, p. 47).
      The Speaker may require the statement to be in proper form (V, 6513),
    but it is for the House and not the Speaker to determine whether or not
    it conforms to the rule in other respects (V, 6511, 6512). A report may
    not be received without the accompanying statement (V, 6505, 6507-6510).
    A quorum among the managers on the part of the House at a committee of
    conference is established by their signatures on the conference report
    and joint explanatory statement (Oct. 4, 1994, p. 27662). When the House
    by unanimous consent permitted the chair of a House committee to insert
    in the Record extraneous material to supplement a joint statement of
    managers, the Chair announced that the insertion did not constitute a
    revised joint statement of managers (Oct. 10, 1998, p. 25502).
      The <> Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that requires a
    committee of conference to ensure that the Director of the Congressional
    Budget Office prepares a statement with respect to unfunded costs of any
    additional Federal mandate contained in the conference agreement. See
    Sec. 1127, infra.

      8. (a)(1) <> Except as
    specified in subparagraph (2), it shall not be in order to consider a
    conference report until--
          (A) the third calendar day (excluding Saturdays, Sundays, or legal
    holidays except when the House is in session on such a day) on

    [[Page 924]]

    which the conference report and the accompanying joint explanatory
    statement have been available to Members, Delegates, and the Resident
    Commissioner in the Congressional Record or pursuant to clause 3 of rule
    XXIX; and
          (B) printed or electronic copies of the conference report and the
    accompanying joint explanatory statement have been available to Members,
    Delegates, and the Resident Commissioner for at least two hours.
      (2) Subparagraph (1)(A) does not apply during the last six days of a
    session of Congress.

      The original rule (formerly clause 2(a) of rule XXVIII) requiring that
    conference reports be printed in the Record was adopted in 1902 (V,
    6516). The three-day layover requirement, as well as the provisions
    relating to the availability of copies of the conference report and the
    division of time for debate, were added by section 125(b) of the
    Legislative Reorganization Act of 1970 and made part of the rules in the
    92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). The paragraph was
    amended the next year to clarify the manner of counting the three days
    for the layover period (H. Res. 1153, Oct. 13, 1972, p. 36023) and in
    the 94th Congress (Feb. 26, 1976, p. 4625) to require copies of
    conference reports to be available for two hours before consideration
    and to allow for the immediate consideration of a resolution from the
    Committee on Rules waiving that requirement (clause 8(e)). In the 104th
    Congress it was amended to count as a ``calendar day'' any day on which
    the House is in session (H. Res. 254, Nov. 30, 1995, p. 35077). In the
    113th Congress it was amended to accommodate electronic availability
    (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _), similar authority having
    been granted in the 112th Congress by separate order (Dec. 6, 2011, p.
    _). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(a) of rule XXVIII. At that time
    the portion of clause 2(a) permitting immediate consideration of a
    resolution reported by the Committee on Rules waiving only the layover
    requirement was transferred to clause 8(e), and the portion of clause
    2(a) addressing debate was transferred to clause 8(d) (H. Res. 5, Jan.
    6, 1999, p. 47).
      For an example of a resolution reported by the Committee on Rules
    waiving only the availability requirement of this clause and called up
    the same day reported without a two-thirds vote, see August 10, 1984, p.
    23978. When managers report that they have been unable to agree, the
    report is not acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957,
    p. 15816).

    [[Page 925]]

      (b)(1) <> Except as specified in subparagraph (2), it shall not be
    in order to consider a motion to dispose of a Senate amendment reported
    in disagreement by a conference committee until--
          (A) the third calendar day (excluding Saturdays, Sundays, or legal
    holidays except when the House is in session on such a day) on which the
    report in disagreement and any accompanying statement have been
    available to Members, Delegates, and the Resident Commissioner in the
    Congressional Record; and
          (B) copies of the report in disagreement and any accompanying
    statement, together with the text of the Senate amendment, have been
    available to Members, Delegates, and the Resident Commissioner for at
    least two hours.
      (2) Subparagraph (1)(A) does not apply during the last six days of a
    session of Congress.

      This provision (formerly clause 2(b)(1) of rule XXVIII), relating to
    the consideration of amendments reported from conference in
    disagreement, was added in 1972 (H. Res. 1153, Oct. 13, 1972, p. 36023)
    and became effective at the end of the 92d Congress. In the 94th
    Congress the provision was amended to require copies of amendments
    reported from conference in disagreement to be available for two hours
    before consideration and to allow for the immediate consideration of a
    resolution from the Committee on Rules waiving that requirement (H. Res.
    868, Feb. 26, 1976, p. 4625). In the 104th Congress the provision was
    amended to count as a ``calendar day'' any day on which the House is in
    session (H. Res. 254, Nov. 30, 1995, p. 35077). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(b)(1) of rule XXVIII. At that time the portion of clause
    2(b)(1) addressing debate was transferred to clause 8(d) of rule XXII,
    and the portion of clause 2(b)(1) permitting immediate consideration of
    a resolution reported by the Committee on Rules only waiving the layover
    requirement was transferred to clause 8(e) of this rule (H. Res. 5, Jan.
    6, 1999, p. 47).

    [[Page 926]]

      Until the adoption of paragraph (b), a report in total disagreement
    was not printed in the Record before the amendment in disagreement was
    again taken up in the House (VIII, 3299, 3332).

      (3) <> During consideration of a Senate amendment reported in
    disagreement by a conference committee on a general appropriation bill,
    a motion to insist on disagreement to the Senate amendment shall be
    preferential to any other motion to dispose of that amendment if the
    original motion offered by the floor manager proposes to change existing
    law and the motion to insist is offered before debate on the original
    motion by the chair of the committee having jurisdiction of the subject
    matter of the amendment or a designee. Such a preferential motion shall
    be separately debatable for one hour equally divided between its
    proponent and the proponent of the original motion. The previous
    question shall be considered as ordered on the preferential motion to
    its adoption without intervening motion.

      This provision was added in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to make preferential and separately debatable a motion to
    insist on disagreement to a Senate amendment to a general appropriation
    bill if: (1) the Senate amendment has been reported from conference in
    disagreement; (2) the original motion to dispose of the Senate amendment
    proposes to change existing law; and (3) the motion to insist is offered
    in a timely manner by the chair of a committee of jurisdiction or a
    designee. A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 2(b)(2) of rule XXVIII (H. Res. 5, Jan. 6, 1999, p. 47). The
    Committee on Post Office and Civil Service (now Oversight and Government
    Reform) has jurisdiction under clause 1 of rule X over the subject of a
    Senate legislative amendment entitling Forest Service employees to
    separation pay, enabling the chair of that committee to offer a
    preferential motion to insist under this clause (Oct. 20, 1993, p.
    25589).

    [[Page 927]]

      (c) <> A conference report or a Senate amendment reported in
    disagreement by a conference committee that has been available as
    provided in paragraph (a) or (b) shall be considered as read when called
    up.

      Paragraph (c) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 2(c) of rule XXVIII
    (H. Res. 5, Jan. 6, 1999, p. 47).

      (d)(1) <> Subject to subparagraph (2), the
    time allotted for debate on a conference report or on a motion to
    dispose of a Senate amendment reported in disagreement by a conference
    committee shall be equally divided between the majority and minority
    parties.
      (2) If the floor manager for the majority and the floor manager for
    the minority both support the conference report or motion, one-third of
    the time for debate thereon shall be allotted to a Member, Delegate, or
    Resident Commissioner who opposes the conference report or motion on
    demand of that Member, Delegate, or Resident Commissioner.

      This provision was adopted in the 99th Congress as former clauses 2(a)
    and 2(b)(1) of rule XXVIII (H. Res. 7, Jan. 3, 1985, p. 393). When the
    House recodified its rules in the 106th Congress, those provisions
    addressing debate in clause 2(a) and 2(b)(1) were consolidated into this
    provision (H. Res. 5, Jan. 6, 1999, p. 47).
      Recognition of one Member in opposition does not depend upon party
    affiliation and is within the discretion of the Speaker (Dec. 11, 1985,
    p. 36069; Dec. 16, 1985, p. 36716; Oct. 15, 1986, p. 32116), who accords
    priority in recognition to a member of the conference committee (Speaker
    Wright, Dec. 21, 1987, pp. 37093, 37516). Subparagraph (2) remains
    available where a special order of business orders the previous question
    to adoption of a conference report without intervening motion except one
    hour of debate (e.g., Dec. 14, 2011, p. _). The Chair will assume that
    the minor

    [[Page 928]]

    ity manager supports a conference report if the manager signed the
    report and is not immediately present to claim the contrary (Oct. 12,
    1995, p. 27795). Where the time is divided three ways, the right to
    close debate falls to the majority manager calling up the conference
    report (May 2, 2002, pp. 6624, 6634), preceded by the minority manager,
    preceded by the Member in opposition--i.e., the reverse order of the
    recognition to begin debate (Aug. 4, 1989, p. 19301; Jan. 29, 2014, p.
    _).
      The division of time for debate on a motion to dispose of a Senate
    amendment reported from conference in disagreement under this provision
    does not extend to separate debate on an amendment thereto, which is
    governed by the general hour rule (clause 2 of rule XVII) (Sept. 17,
    1992, p. 25437).
      The custom has developed of equally dividing between majority and
    minority parties the time on all motions to dispose of amendments
    emerging from conference in disagreement, whether reported in
    disagreement or before the House upon rejection of a conference report
    by a vote or a point of order (Speaker Albert, Sept. 27, 1976, pp.
    32719-26; Sept. 30, 1976, pp. 34074-34100; Nov. 14, 2002, pp. 22409,
    22460), upon rejection of an initial motion to dispose of the amendment
    (July 2, 1980, pp. 18357-59; Aug. 6, 1993, p. 19582), upon a motion to
    concur in a new Senate amendment where the Senate had receded with an
    amendment from one of its amendments reported from conference in
    disagreement (Mar. 24, 1983, p. 7301), or upon a motion to dispose of a
    further stage of amendment that is subsequently before the House (Aug.
    1, 1985, p. 22561; Dec. 19, 1985, p. 38360). In the modern practice,
    this paragraph has been interpreted to apply also to a motion to dispose
    of an amendment between the Houses after the stage of disagreement has
    been reached (Deschler-Brown, ch 32, Sec. 8.6; Mar. 3, 2015, p. _).
      A Member offering a preferential motion does not thereby control half
    of the time, because all debate is allotted under the original motion
    (May 14, 1975, p. 14385). The minority Member in charge controls 30
    minutes for debate only and can only yield to other Members for debate
    (Dec. 4, 1975, p. 38716). Where time for debate on such a motion is
    equally divided, the previous question may not be moved by the Member
    first recognized so as to prevent the Member from the other party from
    controlling half the debate and from offering a proper preferential
    motion to dispose of the Senate amendment (July 2, 1980, p. 18360). The
    right to close the debate on a motion to dispose of an amendment where
    the time is divided three ways falls to the manager offering the motion
    (Nov. 21, 1989, p. 30814).

      (e) <> Under clause 6(a)(2) of rule XIII, a
    resolution proposing only to waive a requirement of this clause
    concerning the availability of reports to Members, Delegates, and the
    Resident Commissioner may be

    [[Page 929]]

    considered by the House on the same day it is reported by the Committee
    on Rules.

      This provision was added in the 94th Congress to former clauses 2(a)
    and 2(b)(1) of rule XXVIII (Feb. 26, 1976, p. 4625). When the House
    recodified its rules in the 106th Congress, those provisions in former
    clauses 2(a) and 2(b)(1) permitting immediate consideration of a
    resolution from the Committee on Rules only waiving the layover
    requirement were consolidated into this provision (H. Res. 5, Jan. 6,
    1999, p. 47).

      9. <> Whenever a disagreement to an amendment has been
    committed to a conference committee, the managers on the part of the
    House may propose a substitute that is a germane modification of the
    matter in disagreement. The introduction of any language presenting
    specific additional matter not committed to the conference committee by
    either House does not constitute a germane modification of the matter in
    disagreement. Moreover, a conference report may not include matter not
    committed to the conference committee by either House and may not
    include a modification of specific matter committed to the conference
    committee by either or both Houses if that modification is beyond the
    scope of that specific matter as committed to the conference committee.

      This provision (formerly clause 3 of rule XXVIII) is derived from
    section 135(a) of the Legislative Reorganization Act of 1946 (60 Stat.
    812) and originally was made a part of the standing rules on January 3,
    1953 (p. 24). The clause was revised on January 22, 1971 (p. 144)
    following the passage of the Legislative Reorganization Act of 1970 (84
    Stat. 1140), which carried a similar provision in section 125(b). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former clause 3 of rule XXVIII (H. Res. 5, Jan. 6, 1999, p.
    47).
      Where one House strikes out of a bill of the other all after the
    enacting clause and inserts a new text, House managers, under the
    restrictions of this clause, may not agree to the deletion of certain
    language committed

    [[Page 930]]

    to conference if the effect of such deletion results in broadening the
    scope of the matter in disagreement (Dec. 14, 1971, p. 46779). Where one
    House authorizes certain funds for a fiscal year and the other House
    authorizes a lesser amount for that year as well as additional funds for
    the subsequent year, and neither version contains an overall amount,
    House managers do not exceed their authority under this rule by
    including in the report the amount authorized by one House for the first
    year and the other House for the subsequent year, even though the total
    authorization resulting from this compromise exceeds that possible under
    either version (June 8, 1972, p. 20281). Where a House version
    authorized endowment payments for certain colleges and the Senate
    version conferred land-grant college status on those institutions and
    contained a higher endowment figure, House conferees remained within
    their authority under this clause by accepting the Senate provision on
    land-grant status and the lower House figure for endowment payments
    (Speaker Albert, June 8, 1972, p. 20280). Where the House version of a
    bill contained provisions for local funding of merit schools, but
    neither version contained a provision for State funding, a motion to
    recommit to conference with instructions to provide State funding for
    merit schools was held to exceed the scope of the differences committed
    to conference (Sept. 30, 1992, p. 29126). A conference report containing
    a provision that the joint statement of managers described as having no
    counterpart in either the House bill or Senate amendment was held to
    exceed scope (Nov. 14, 2002, pp. 22408, 22409).
      Although the scope of differences committed to conference--where one
    House has amended an existing law and the other House has implicitly
    taken the position of existing law by remaining silent on the subject--
    may properly be measured between those issues presented in the amending
    language and comparable provisions of existing law, the inclusion in a
    conference report of new matter not specifically contained in the
    amending version and not demonstrably contained in existing law may be
    ruled out as an additional issue not committed to conference in
    violation of this clause (Speaker Albert, Dec. 20, 1974, p. 41849). Thus
    where one House has amended an existing law and the other House has
    implicitly taken the position of existing law by only authorizing sums
    for the purpose of existing law, the scope of differences committed to
    conference may be measured between issues presented in the amending
    language and relevant provisions of the existing law; but the inclusion
    in a conference report of requirements and issues incorporated into
    existing law that were not contained in either version and that are not
    repetitive of existing law may be ruled out in violation of this
    paragraph (Speaker O'Neill, Oct. 14, 1977, pp. 33770-73).
      A mere change in phraseology in a conference report (from language in
    either the House or Senate version) may be permitted to achieve
    legislative consistency where it is not shown that its effect is to
    broaden the scope of the language beyond the differences committed to
    conference, as where the report waives provisions of law for all
    programs in the bill and

    [[Page 931]]

    the House version waives those provisions for one section of the bill
    only (the Senate having no comparable provision) but the scope of
    programs covered by the report was coextensive with those in the
    designated section of the House version (Speaker Albert, May 1, 1975, p.
    12752). The conferees may include language clarifying and limiting the
    duties imposed on an official by one House's version where that
    modification does not expand the authority conferred in that version or
    contained in existing law (the position of the other House) (Speaker
    Albert, July 29, 1975, p. 25515) and may confer broader authority on an
    official than that contained in one House's version if such authority is
    coextensive with the authority contained in existing law that the other
    House has retained (Apr. 13, 1976, p. 10803). Where the Senate version
    authorized citizen suits to enforce existing law except where Federal
    officials were pursuing enforcement proceedings and the House version,
    with no comparable provision, retained existing law that did not permit
    such suits, the conferees exceeded the scope of the differences by
    further prohibiting citizen suits where State officials were pursuing
    enforcement proceedings--a new exception allowing State preemption of
    citizen suits (Sept. 27, 1976, p. 33019). A point of order was sustained
    against a motion to instruct conferees that directed them to agree to
    matter violating this clause: the House bill created an energy trust
    fund composed of certain revenues to be distributed by subsequent
    legislation; the Senate amendment created a similar trust fund with
    suggested but not mandated distribution, and the motion directed House
    conferees to insist on a mandatory allocation of revenues in question
    among specified purposes, some of which were not addressed in the Senate
    amendment (Feb. 28, 1980, p. 4304).
      Before the revision of this clause in 1971, where one House struck out
    of a bill of the other all after the enacting clause and inserted a new
    text, conferees could discard language occurring both in the bill and
    substitute (VIII, 3266) and exercise broad discretion in incorporating
    germane amendments (VIII, 3263-3265), even to the extent of reporting a
    new bill germane to the subject (V, 6421, 6423, 6424; VIII, 3248).
    However, the present language of the rule prohibits the inclusion in a
    conference report or in a motion to instruct House conferees of
    additional topics not committed to conference by either House or beyond
    the scope of the differences committed to conference; and the precedents
    predating the adoption of this clause in 1971 must be read in light of
    the explicit restrictions now contained in the clause (Sept. 27, 1976,
    p. 32719). As such, a conference report may not include a new topic or
    issue that, although germane, was not committed to conference by either
    House (Mar. 25, 1992, p. 6843; Apr. 9, 1992, p. 9022). For example, a
    motion to instruct conferees on a general appropriation bill may not
    instruct the conferees to include either a funding limitation (Sept. 13,
    1994, p. 24402) or a change in income tax law (Nov. 8, 2005, pp. 25322,
    25323 (sustained by tabling of appeal); Dec. 7, 2005, p. 27706) not
    contained in the House bill or Senate amendment. Such motion also may
    not instruct managers to include funding for a program above

    [[Page 932]]

    both of the respective amounts in the House bill and Senate amendment
    for that program (Dec. 7, 2005, pp. 27706, 27707 (sustained by tabling
    of appeal)). Similarly, a motion to recommit a conference report may not
    instruct conferees to expand definitions to include classes not covered
    under the House bill or Senate amendment (Sept. 29, 1994, p. 26781) or
    to include provisions not contained in the House bill or Senate
    amendment (Dec. 21, 1995, p. 38138). A waiver of all points of order
    against a conference report to accompany a measure and against its
    consideration does not inure to instructions contained in a motion to
    recommit such measure to conference (Sept. 29, 1994, p. 26781). Some
    latitude does remain with House managers to eliminate specific words or
    phrases contained in either version and add words or phrases not
    included in either version so long as they remain within the scope of
    the differences committed to conference and do not incorporate
    additional topics, issues, or propositions not committed to conference
    (Speaker Albert, Sept. 28, 1976, pp. 33020-23).
      For a discussion of the remedy where managers exceed their authority,
    see Sec. 547, supra.

      10. (a)(1) <> A Member, Delegate, or
    Resident Commissioner may raise a point of order against nongermane
    matter, as specified in subparagraph (2), before the commencement of
    debate on--
          (A) a conference report;
          (B) a motion that the House recede from its disagreement to a
    Senate amendment reported in disagreement by a conference committee and
    concur therein, with or without amendment; or
          (C) a motion that the House recede from its disagreement to a
    Senate amendment on which the stage of disagreement has been reached and
    concur therein, with or without amendment.
      (2) A point of order against nongermane matter is one asserting that a
    proposition described in subparagraph (1) contains specified matter

    [[Page 933]]

    that would violate clause 7 of rule XVI if it were offered in the House
    as an amendment to the underlying measure in the form it was passed by
    the House.
      (b) If a point of order under paragraph (a) is sustained, a motion
    that the House reject the nongermane matter identified by the point of
    order shall be privileged. Such a motion is debatable for 40 minutes,
    one-half in favor of the motion and one-half in opposition thereto.
      (c) After disposition of a point of order under paragraph (a) or a
    motion to reject under paragraph (b), any further points of order under
    paragraph (a) not covered by a previous point of order, and any
    consequent motions to reject under paragraph (b), shall be likewise
    disposed of.
      (d)(1) If a motion to reject under paragraph (b) is adopted, then
    after disposition of all points of order under paragraph (a) and any
    consequent motions to reject under paragraph (b), the conference report
    or motion, as the case may be, shall be considered as rejected and the
    matter remaining in disagreement shall be disposed of under subparagraph
    (2) or (3), as the case may be.
      (2) After the House has adopted one or more motions to reject
    nongermane matter contained in a conference report under the preceding
    provisions of this clause--
          (A) if the conference report accompanied a House measure amended
    by the Senate, the pending question shall be whether the House

    [[Page 934]]

    shall recede and concur in the Senate amendment with an amendment
    consisting of so much of the conference report as was not rejected; and
          (B) if the conference report accompanied a Senate measure amended
    by the House, the pending question shall be whether the House shall
    insist further on the House amendment.
      (3) After the House has adopted one or more motions to reject
    nongermane matter contained in a motion that the House recede and concur
    in a Senate amendment, with or without amendment, the following motions
    shall be privileged and shall have precedence in the order stated:
          (A) A motion that the House recede and concur in the Senate
    amendment with an amendment in writing then available on the floor.
          (B) A motion that the House insist on its disagreement to the
    Senate amendment and request a further conference with the Senate.
          (C) A motion that the House insist on its disagreement to the
    Senate amendment.
      (e) If, on a division of the question on a motion described in
    paragraph (a)(1)(B) or (C), the House agrees to recede, then a Member,
    Delegate, or Resident Commissioner may raise a point of order against
    nongermane matter, as specified in paragraph (a)(2), before the
    commencement of debate on concurring in the Senate amendment, with or
    without amendment. A point of order under this paragraph shall be
    disposed of according to the preceding provisions of

    [[Page 935]]

    this clause in the same manner as a point of order under paragraph (a).

      The provision (formerly clause 4 of rule XXVIII) addressing nongermane
    matter in conference reports was included as part of the revision of
    former rules XX and XXVIII that took place effective at the end of the
    92d Congress (H. Res. 1153, Oct. 13, 1972, p. 36023). The same
    resolution repealed the former clause 3 of rule XX, which had been
    enacted as part of the Legislative Reorganization Act of 1970 to
    restrict the authority of House conferees to agree without prior
    permission of the House to Senate amendments that would violate clause 7
    of rule XVI if offered in the House. The provision (formerly clause 5 of
    rule XXVIII) addressing nongermane matter in amendments in disagreement
    was added on April 9, 1974 (H. Res. 998, 93d Cong., pp. 10195-99, which
    deleted from clause 1 of rule XX and transferred to former clause 5 of
    rule XXVIII the procedures concerning disposition of Senate nongermane
    amendments). The provision was amended on April 9, 1974 (H. Res. 998,
    93d Cong., pp. 10195-99) in order to make this clause applicable to
    matters originally contained in Senate bills sent to conference, and not
    merely to Senate amendments to House bills in conference. The provision
    was further amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp.
    7-16) to provide that if the conference report is considered read under
    this rule, a point of order under this clause must be made immediately
    upon consideration of the conference report. When the House recodified
    its rules, it consolidated former clauses 4 and 5 of rule XXVIII under
    this clause (H. Res. 5, Jan. 6, 1999, p. 47).
      The <> procedure provided in this clause for addressing
    nongermane matter in conference reports was first utilized on September
    11, 1973 (pp. 29243-46), when the Chair sustained two points of order
    against portions of a conference report that were modifications of
    portions of a Senate amendment in the nature of a substitute not germane
    to a House bill. If any motion to reject is adopted under this clause
    and the matter then pending before the House consists of numbered Senate
    amendments in disagreement, the pending question is whether to dispose
    of each Senate amendment not rejected as recommended in the conference
    report and to insist on disagreement to those amendments that have been
    rejected.
      Where a point of order against a portion of a conference report has
    been sustained under this clause, the Speaker will not entertain another
    point of order against the report or against another portion thereof
    until a motion to reject the portion held nongermane (if made) has been
    disposed of (Speaker Albert, Dec. 15, 1975, p. 40671). The Member
    representing the conference committee in opposition to a motion to
    reject under this clause, and not the proponent of the motion, has the
    right to close debate thereon (Oct. 15, 1986, p. 31502).
      Once a motion to reject a nongermane portion has been adopted by the
    House and the Speaker has recognized a Member to offer a motion com

    [[Page 936]]

    prising the pending question under this clause, the report is rejected
    and it is too late to make a point of order against the entire
    conference report under clause 9 (formerly clause 3) of this rule
    (Speaker Albert, Dec. 15, 1975, p. 40671).
      Where possible, the Speaker rules on points of order against
    conference reports that, if sustained, will vitiate the entire
    conference report (as under clause 9 of this rule or under the
    Congressional Budget Act of 1974) before entertaining points of order
    under this clause (Speaker Albert, Sept. 23, 1976, p. 32099).
      The <> provisions of this clause addressing nongermane matter
    in amendments in disagreement was first utilized on July 31, 1974 (p.
    26083), when the Chair sustained a point of order against a portion of a
    motion to recede and concur in a Senate amendment (reported from
    conference in disagreement) with a further amendment, on the ground that
    that portion of the Senate amendment contained in the motion was not
    germane to the House-passed measure, and a motion rejecting that portion
    of the motion to recede and concur with an amendment was offered and
    defeated. This clause is not applicable to a provision contained in a
    motion to recede and concur with an amendment that was not contained in
    any form in the Senate version and that is not therefore a modification
    of the Senate provision, the only requirement in such circumstances
    being that the motion as a whole be germane to the Senate amendment as a
    whole under clause 7 of rule XVI (Oct. 4, 1978, p. 33502; June 30, 1987,
    p. 18294). A point of order under clause 4 (formerly clause 5(a)) of
    rule XXI (appropriations on a legislative bill) against a motion to
    dispose of a Senate amendment in disagreement (as by concurring therein
    with a House amendment carrying an appropriation) which, if sustained,
    would vitiate the entire motion, must be disposed of before a point of
    order against a nongermane amendment in disagreement under this clause
    which, if sustained, would merely permit a separate vote on rejection of
    that portion of the motion (Oct. 1, 1980, pp. 28638-42).

      11. <> It shall not be in
    order to consider a conference report to accompany a bill or joint
    resolution that proposes to amend the Internal Revenue Code of 1986
    unless--
          (a) the joint explanatory statement of the managers includes a tax
    complexity analysis prepared by the Joint Committee on Taxation in
    accordance with section 4022(b) of the In

    [[Page 937]]

    ternal Revenue Service Restructuring and Reform Act of 1998; or
          (b) the chair of the Committee on Ways and Means causes such a tax
    complexity analysis to be printed in the Congressional Record before
    consideration of the conference report.

      The Internal Revenue Service Restructuring and Reform Act of 1998
    (sec. 4022, P.L. 105-206) added this provision as a new clause 7 of rule
    XXVIII. A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). An archaic reference to the
    name of the joint committee was updated in the 114th Congress (sec.
    2(h), H. Res. 5, Jan. 6, 2015, p. _). When the House recodified its
    rules in the 106th Congress, this provision was transferred to clause 11
    of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47).

      12. (a)(1) <> Subject to
    subparagraph (2), a meeting of each conference committee shall be open
    to the public.
      (2) In open session of the House, a motion that managers on the part
    of the House be permitted to close to the public a meeting or meetings
    of their conference committee shall be privileged, shall be decided
    without debate, and shall be decided by the yeas and nays.
      (3) In conducting conferences with the Senate, managers on the part of
    the House should endeavor to ensure--
          (A) that meetings for the resolution of differences between the
    two Houses occur only under circumstances in which every manager on the
    part of the House has notice of the meeting and a reasonable opportunity
    to attend;
          (B) that all provisions on which the two Houses disagree are
    considered as open to dis

    [[Page 938]]

    cussion at any meeting of a conference committee; and
          (C) that papers reflecting a conference agreement are held
    inviolate to change without renewal of the opportunity of all managers
    on the part of the House to reconsider their decisions to sign or not to
    sign the agreement.
      (4) Managers on the part of the House shall be provided a unitary time
    and place with access to at least one complete copy of the final
    conference agreement for the purpose of recording their approval (or
    not) of the final conference agreement by placing their signatures (or
    not) on the sheets prepared to accompany the conference report and joint
    explanatory statement of the managers.
      (b) A point of order that a conference committee failed to comply with
    paragraph (a) may be raised immediately after the conference report is
    read or considered as read. If such a point of order is sustained, the
    conference report shall be considered as rejected, the House shall be
    considered to have insisted on its amendments or on disagreement to the
    Senate amendments, as the case may be, and to have requested a further
    conference with the Senate, and the Speaker may appoint new conferees
    without intervening motion.

      This clause as originally added to former rule XXVIII on January 14,
    1975 (H. Res. 5, 94th Cong., p. 20) provided that conference committee
    meetings be open except where a majority of the managers of the House or
    Senate voted to close the meeting, and provided that the clause not
    become effective until the Senate adopted a similar rule. The Senate
    adopted an identical rule on November 5, 1975 (p. 35203). The clause was
    substantially changed on January 4, 1977 (H. Res. 5, 95th Cong., pp. 53-

    [[Page 939]]

    70) to require that conference meetings be open except where the House
    by record vote determines that a meeting may be closed, to allow a point
    of order against a conference report where the conferees have violated
    this clause, and to provide for subsequent disposition of the matter
    reported from conference should such a point of order be sustained. It
    was further amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp.
    7-16) to provide that if the conference report is considered read under
    this rule, a point of order under this clause must be made immediately
    upon consideration of the conference report. Before the House recodified
    its rules in the 106th Congress, the former version of this provision
    was found in former clause 6 of rule XXVIII (H. Res. 5, Jan. 6, 1999, p.
    47). In the 108th Congress the record vote by which the motion is to be
    decided was particularized to be by the yeas and nays (sec. 2(u), H.
    Res. 5, Jan. 7, 2003, p. 7). Paragraphs (a)(3) and (4) were added in the
    110th Congress (sec. 303(a), H. Res. 6, Jan. 4, 2007, p. 19 (adopted
    Jan. 5, 2007)).
      At any time after a bill has been sent to conference, a motion
    pursuant to this clause authorizing a conference committee to close its
    meetings to the public is privileged for consideration in the House and
    must be voted on by a record vote (now the yeas and nays) (Speaker
    O'Neill, May 23, 1977, pp. 15880-84; Apr. 13, 1978, p. 10128). Although
    a motion to close a conference committee meeting ``to the public''
    would, under the precedents (see V, 6254, fn. 1), exclude Members who
    were not conferees, a motion may be offered as privileged under this
    clause to authorize a conference committee to close its meetings to the
    public, except to Members of Congress (Speaker O'Neill, May 23, 1977,
    pp. 15880-84).
      In response to a parliamentary inquiry, the Chair stated that, under
    the rules and precedents of the House, a conference report must be the
    product of an actual meeting of the managers appointed by the two Houses
    (Oct. 30, 2003, p. 26413, p. 26443). Although the Chair does not
    normally look behind signatures of conferees to determine the propriety
    of conference procedure, if proposed conferees have signed a conference
    report before they have been formally appointed in both Houses and do
    not meet formally in open session after such appointment, the conference
    report is subject to a point of order under this clause resulting in an
    automatic request for a further conference (Dec. 20, 1982, p. 32896).
    Also, conferees on the part of the House are entitled to reasonable
    notice of and opportunity to attend a meeting of the conference
    committee (July 20, 2000, p. 15657). The adoption of paragraphs (a)(3)
    and (a)(4) in the 110th Congress imposed additional considerations on
    conference committees. However, a point of order will not lie against a
    conference report called up under an order of the House that has waived
    all points of order against consideration of the conference report (July
    20, 2000, p. 15654; Oct. 30, 2003, p. 26452).
      Clause 11(k) of rule X provides that this provision does not apply to
    conference committee meetings respecting legislation (or any part
    thereof) reported by the Permanent Select Committee on Intelligence.

     end segment .012  deg.
    [[Page 940]]

      13. <>  It shall not be
    in order to consider a conference report the text of which differs in
    any way, other than clerical, from the text that reflects the action of
    the conferees on all of the differences between the two Houses, as
    recorded by their placement of their signatures (or not) on the sheets
    prepared to accompany the conference report and joint explanatory
    statement of the managers.

      This clause was added in the 110th Congress (sec. 303(b), H. Res. 6,
    Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)).

     segment .013 -- rule XXIII through rule XXIX  deg.

                                   Rule XXIII

                            code of official conduct

      There is hereby established by and for the House the following code of
    conduct, to be known as the ``Code of Official Conduct'':
          1. <> A Member, Delegate, Resident Commissioner,
    officer, or employee of the House shall behave at all times in a manner
    that shall reflect creditably on the House.
          2. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House shall adhere to the spirit and the letter of the Rules of
    the House and to the rules of duly constituted committees thereof.
          3. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not receive compensation and may not permit
    compensation to accrue to the beneficial interest of such individual
    from any source, the re

    [[Page 941]]

    ceipt of which would occur by virtue of influence improperly exerted
    from the position of such individual in Congress.
          4. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not accept gifts except as provided by clause 5 of rule
    XXV.
          5. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not accept an honorarium for a speech, a writing for
    publication, or other similar activity, except as otherwise provided
    under rule XXV.
          6. A Member, Delegate, or Resident Commissioner--
              (a) shall keep the campaign funds of such individual separate
    from the personal funds of such individual;
              (b) may not convert campaign funds to personal use in excess
    of an amount representing reimbursement for legitimate and verifiable
    campaign expenditures; and
              (c) except as provided in clause 1(b) of rule XXIV, may not
    expend funds from a campaign account of such individual that are not
    attributable to bona fide campaign or political purposes.
          7. A Member, Delegate, or Resident Commissioner shall treat as
    campaign contributions all proceeds from testimonial dinners or other
    fund-raising events.
          8. (a) A Member, Delegate, Resident Commissioner, or officer of
    the House may not retain an employee who does not perform duties

    [[Page 942]]

    for the offices of the employing authority commensurate with the
    compensation such employee receives.
          (b) In the case of a committee employee who works under the direct
    supervision of a member of the committee other than a chair, the chair
    may require that such member affirm in writing that the employee has
    complied with clause 8(a) (subject to clause 9 of rule X) as evidence of
    compliance by the chair with this clause and with clause 9 of rule X.
          (c)(1) Except as specified in subparagraph (2)--
              (A) a Member, Delegate, or Resident Commissioner may not
    retain the relative of such individual in a paid position; and
              (B) an employee of the House may not accept compensation for
    work for a committee on which the relative of such employee serves as a
    member.
          (2) Subparagraph (1) shall not apply in the case of a relative
    whose pertinent employment predates the One Hundred Thirteenth Congress.
          (3) As used in this paragraph, the term ``relative'' means an
    individual who is related to the Member, Delegate, or Resident
    Commissioner as father, mother, son, daughter, brother, sister, uncle,
    aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-
    in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
    stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,

    [[Page 943]]

    half brother, half sister, grandson, or granddaughter.
          9. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not discharge and may not refuse to hire an individual,
    or otherwise discriminate against an individual with respect to
    compensation, terms, conditions, or privileges of employment, because of
    the race, color, religion, sex (including marital or parental status),
    disability, age, or national origin of such individual, but may take
    into consideration the domicile or political affiliation of such
    individual.
          10. A Member, Delegate, or Resident Commissioner who has been
    convicted by a court of record for the commission of a crime for which a
    sentence of two or more years' imprisonment may be imposed should
    refrain from participation in the business of each committee of which
    such individual is a member, and a Member should refrain from voting on
    any question at a meeting of the House or of the Committee of the Whole
    House on the state of the Union, unless or until judicial or executive
    proceedings result in reinstatement of the presumption of the innocence
    of such Member or until the Member is reelected to the House after the
    date of such conviction.
          11. A Member, Delegate, or Resident Commissioner may not authorize
    or otherwise allow an individual, group, or organization not under the
    direction and control of the House to use the words ``Congress of the
    United

    [[Page 944]]

    States,'' ``House of Representatives,'' or ``Official Business,'' or any
    combination of words thereof, on any letterhead or envelope.
          12. (a) Except as provided in paragraph (b), an employee of the
    House who is required to file a report under rule XXVI may not
    participate personally and substantially as an employee of the House in
    a contact with an agency of the executive or judicial branches of
    Government with respect to nonlegislative matters affecting any
    nongovernmental person in which the employee has a significant financial
    interest.
          (b) Paragraph (a) does not apply if an employee first advises the
    employing authority of such employee of a significant financial interest
    described in paragraph (a) and obtains from such employing authority a
    written waiver stating that the participation of the employee in the
    activity described in paragraph (a) is necessary. A copy of each such
    waiver shall be filed with the Committee on Ethics.
          13. Before a Member, Delegate, Resident Commissioner, officer, or
    employee of the House may have access to classified information, the
    following oath (or affirmation) shall be executed:
              ``I do solemnly swear (or affirm) that I will not disclose any
    classified information received in the course of my service with the
    House of Representatives, except as authorized by the House of
    Representatives or in accordance with its Rules.''

    [[Page 945]]

        Copies of the executed oath (or affirmation) shall be retained as
    part of the records of the House, in the case of a Member, Delegate, or
    the Resident Commissioner, by the Clerk, and in the case of an officer
    or employee of the House, by the Sergeant-at-Arms. The Clerk shall make
    the signatories a matter of public record, causing the names of each
    Member, Delegate, or Resident Commissioner who has signed the oath
    during a week (if any) to be published in a portion of the Congressional
    Record designated for that purpose on the last legislative day of the
    week and making cumulative lists of such names available each day for
    public inspection in an appropriate office of the House.
          14. A Member, Delegate, or Resident Commissioner may not, with the
    intent to influence on the basis of partisan political affiliation an
    employment decision or employment practice of any private entity--
              (a) take or withhold, or offer or threaten to take or
    withhold, an official act; or
              (b) influence, or offer or threaten to influence, the official
    act of another.
          15. (a) Except as provided in paragraphs (b) and (c), a Member,
    Delegate, or Resident Commissioner may not use personal funds, official
    funds, or campaign funds for a flight on an aircraft.
          (b) Paragraph (a) does not apply if--
              (1) the aircraft is operated by an air carrier or commercial
    operator certificated by

    [[Page 946]]

    the Federal Aviation Administration and the flight is required to be
    conducted under air carrier safety rules, or, in the case of travel
    which is abroad, by an air carrier or commercial operator certificated
    by an appropriate foreign civil aviation authority and the flight is
    required to be conducted under air carrier safety rules;
              (2) the aircraft is owned or leased by a Member, Delegate,
    Resident Commissioner or a family member of a Member, Delegate, or
    Resident Commissioner (including an aircraft owned by an entity that is
    not a public corporation in which the Member, Delegate, Resident
    Commissioner or a family member of a Member, Delegate, or Resident
    Commissioner has an ownership interest, provided that such Member,
    Delegate, or Resident Commissioner does not use the aircraft any more
    than the Member, Delegate, Resident Commissioner, or family member's
    proportionate share of ownership allows);
              (3) the flight consists of the personal use of an aircraft by
    a Member, Delegate, or the Resident Commissioner that is supplied by--
                  (A) an individual on the basis of personal friendship; or
                  (B) another Member, Delegate, or the Resident
    Commissioner;
              (4) the aircraft is operated by an entity of the Federal
    government or an entity of the government of any State; or

    [[Page 947]]

              (5) the owner or operator of the aircraft is paid a pro rata
    share of the fair market value of the normal and usual charter fare or
    rental charge for a comparable plane of comparable size as determined by
    dividing such cost by the number of Members, Delegates, or the Resident
    Commissioner, officers, or employees of Congress on the flight.
          (c) An advance written request for a waiver of the restriction in
    paragraph (a) may be granted jointly by the chair and ranking minority
    member of the Committee on Ethics, subject to such conditions as they
    may prescribe.
          (d) In this clause--
              (1) the term ``campaign funds'' includes funds of any
    political committee under the Federal Election Campaign Act of 1971,
    without regard to whether the committee is an authorized committee of
    the Member, Delegate, or Resident Commissioner involved under such Act;
              (2) the term ``family member'' means an individual who is
    related to the Member, Delegate, or Resident Commissioner, as father,
    mother, son, daughter, brother, sister, husband, wife, father-in-law, or
    mother-in-law; and
              (3) the term ``on the basis of personal friendship'' has the
    same meaning as in clause 5 of rule XXV and shall be determined as under
    clause 5(a)(3)(D)(ii) of rule XXV.

    [[Page 948]]

          16. A Member, Delegate, or Resident Commissioner may not condition
    the inclusion of language to provide funding for a congressional
    earmark, a limited tax benefit, or a limited tariff benefit in any bill
    or joint resolution (or an accompanying report) or in any conference
    report on a bill or joint resolution (including an accompanying joint
    explanatory statement of managers) on any vote cast by another Member,
    Delegate, or Resident Commissioner. For purposes of this clause and
    clause 17, the terms ``congressional earmark,'' ``limited tax benefit,''
    and ``limited tariff benefit'' shall have the meanings given them in
    clause 9 of rule XXI.
          17. (a) A Member, Delegate, or Resident Commissioner who requests
    a congressional earmark, a limited tax benefit, or a limited tariff
    benefit in any bill or joint resolution (or an accompanying report) or
    in any conference report on a bill or joint resolution (or an
    accompanying joint statement of managers) shall provide a written
    statement to the chair and ranking minority member of the committee of
    jurisdiction, including--
              (1) the name of the Member, Delegate, or Resident
    Commissioner;
              (2) in the case of a congressional earmark, the name and
    address of the intended recipient or, if there is no specifically
    intended recipient, the intended location of the activity;

    [[Page 949]]

              (3) in the case of a limited tax or tariff benefit,
    identification of the individual or entities reasonably anticipated to
    benefit, to the extent known to the Member, Delegate, or Resident
    Commissioner;
              (4) the purpose of such congressional earmark or limited tax
    or tariff benefit; and
              (5) a certification that the Member, Delegate, or Resident
    Commissioner or spouse has no financial interest in such congressional
    earmark or limited tax or tariff benefit.
          (b) Each committee shall maintain the information transmitted
    under paragraph (a), and the written disclosures for any congressional
    earmarks, limited tax benefits, or limited tariff benefits included in
    any measure reported by the committee or conference report filed by the
    chair of the committee or any subcommittee thereof shall be open for
    public inspection.
          18. (a) In this Code of Official Conduct, the term ``officer or
    employee of the House'' means an individual whose compensation is
    disbursed by the Chief Administrative Officer.
          (b) An individual whose services are compensated by the House
    pursuant to a consultant contract shall be considered an employee of the
    House for purposes of clauses 1, 2, 3, 4, 8, 9, and 13 of this rule. An
    individual whose services are compensated by the House pursuant to a
    consultant contract may not lobby the contracting committee or the
    members or staff

    [[Page 950]]

    of the contracting committee on any matter. Such an individual may lobby
    other Members, Delegates, or the Resident Commissioner or staff of the
    House on matters outside the jurisdiction of the contracting committee.
    In the case of such an individual who is a member or employee of a firm,
    partnership, or other business organization, the other members and
    employees of the firm, partnership, or other business organization shall
    be subject to the same restrictions on lobbying that apply to the
    individual under this paragraph.

      This rule was transferred from rule XLIII to rule XXIV when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    47). It was redesignated as rule XXIII in the 107th Congress (sec. 2(s),
    H. Res. 5, Jan. 3, 2001, p. 24). The rule was originally adopted in the
    90th Congress (H. Res. 1099, Apr. 3, 1968, p. 8803). The jurisdiction of
    the Committee on Standards of Official Conduct (now Ethics) was
    redefined in the same resolution. Clause 4 was entirely rewritten (and
    definitions for the purpose of clause 4 were deleted) in the 104th
    Congress to reflect the adoption of a Gift Rule (H. Res. 254, Nov. 30,
    1995, p. 35077). Before the 104th Congress, clause 4 had been amended in
    the 95th Congress to change the prohibition against acceptance of gifts
    of ``substantial value'' (H. Res. 5, Jan. 4, 1975, p. 20) and
    definitions for purposes of clause 4 were added in the 95th Congress (H.
    Res. 287, Mar. 2, 1977, pp. 5933-53). Those definitions were amended in
    the Ethics Reform Act of 1989 to make conforming changes in the
    definition of ``relative'' (P.L. 101-194). Clause 4 was also amended:
    (1) in the 100th Congress to increase from $35 to $50 the value of
    personal hospitality of an individual that is not to be counted when
    computing the aggregate amount of gifts per calendar year (H. Res. 5,
    Jan. 6, 1987, p. 6); and (2) in the Ethics Reform Act of 1989 to revise
    the rules governing the acceptance of gifts, including value thresholds
    and waivers (P.L. 101-194). Those threshold and aggregate values were
    again adjusted by section 314(d) of the Legislative Branch
    Appropriations Act for fiscal year 1992 (P.L. 102-90). The Ethics Reform
    Act of 1989 (P.L. 101-194) amended clause 5 to prohibit the acceptance
    of honoraria. Clause 6 was amended in the 95th Congress to delete from
    the second sentence the exception ``unless specifically provided by
    law,'' which had been added in the 94th Congress (H. Res. 5, Jan. 4,
    1975, p. 20) and was again amended in the 109th Congress to conform it
    to the change in clause 1 of rule XXIV to permit campaign funds to be
    used to defray certain official expenses

    [[Page 951]]

    (sec. 2(j), H. Res. 5, Jan. 4, 2005, p. 43). Clause 6 was also amended
    by the Ethics Reform Act of 1989 (P.L. 101-194) to specify that campaign
    funds be used only for bona fide campaign or political purposes. Clause
    7 was amended in the 95th Congress to eliminate an exception permitting
    sponsors to give notice of purpose (H. Res. 5, Jan. 4, 1975, p. 20). The
    Ethics Reform Act of 1989 (P.L. 101-194) amended clause 8 to broaden
    Members' accountability for the pay and performance of staff. Clause 8
    was again amended in the 106th Congress to permit telecommuting by House
    employees (H. Res. 5, Jan. 6, 1999, p. 47). Clause 8(c) was added in the
    107th Congress (sec. 2(t), H. Res. 5, Jan. 3, 2001, p. 24) and expanded
    in the 113th Congress to apply to a defined group of relatives instead
    of just spouses (sec. 2(e)(2), H. Res. 5, Jan. 3, 2013, p. _). Clause 9
    was added in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). Clause
    9 was amended in the 100th Congress to prohibit discrimination in
    employment based upon age (H. Res. 5, Jan. 6, 1987, p. 6) and again in
    the 101st Congress to conform existing staff antidiscrimination rules to
    the Fair Employment Practices resolution adopted in the 100th Congress
    (now contained in the Congressional Accountability Act of 1995 (P.L.
    104-1; 2 U.S.C. 1301; see Sec. 1101, infra)). Clause 10 was added in the
    94th Congress (H. Res. 46, Apr. 16, 1975, p. 10340). Clause 11 was added
    in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). Clause 12 was
    added by the Ethics Reform Act of 1989 (P.L. 101-194) to proscribe
    certain contacts as involving conflicts of interest. Clause 13 was added
    in the 104th Congress (sec. 220, H. Res. 6, Jan. 4, 1995, p. 468),
    except the last sentence, which was added in the 107th Congress (sec.
    2(t), H. Res. 5, Jan. 3, 2001, p. 24). Clause 13 was amended in the
    112th Congress to clarify that it does not require the disclosure of
    actual signatures (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. 80) and in the
    113th Congress to shift from the Clerk to the Sergeant-at-Arms some
    responsibility for the oath (sec. 2(e)(3), H. Res. 5, Jan. 3, 2013, p.
    _). Clause 18 (which was an undesignated paragraph at the end of the
    rule before being numbered as clause 14 when the rules were recodified
    in the 106th Congress) was amended in the 92d Congress to bring the
    Delegates and Resident Commissioner within the definition of ``Member''
    (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp.
    36021-23). It was again amended in the 106th Congress to include
    consultants among employees covered by certain provisions of the code of
    conduct (H. Res. 5, Jan. 6, 1999, p. 47) and in the 107th Congress to
    add the last two sentences of paragraph (b) (sec. 2(v), H. Res. 5, Jan.
    3, 2001, p. 24). Paragraph (b) was amended during the 110th Congress
    with regard to firms, partnerships, and other business organizations
    (sec. 303, P.L. 110-81). In the 105th Congress the rule was amended to
    effect three clerical corrections (H. Res. 5, Jan. 7, 1997, p. 121); in
    the 106th Congress clerical and stylistic changes were effected when the
    rules were recodified (H. Res. 5, Jan. 6, 1999, p. 47); in the 107th
    Congress conforming changes were made to reflect the redesignation of
    several rules (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24) and a clerical
    correction to a cross reference in clause 8(b)

    [[Page 952]]

    was effected (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26); and in the
    112th Congress a technical change was made (sec. 2(f), H. Res. 5, Jan.
    5, 2011, p. 80). Clauses 14 through 17 were added in the 110th Congress
    (secs. 202, 207, H. Res. 6, Jan. 4, 2007, p. 19; sec. 404(b), H. Res. 6,
    Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). Clause 15 was amended in
    its entirety during the 110th Congress (H. Res. 363, May 2, 2007, p.
    11119) and amended in the 113th Congress to expand paragraph (b) and add
    paragraph (c) (sec. 2(e)(4), H. Res. 5, Jan. 3, 2013, p. _). Gender-
    based references were eliminated in the 111th Congress (sec. 2(l), H.
    Res. 5, Jan. 6, 2009, p. 7). An amendment was effected in the 112th
    Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5,
    Jan. 5, 2011, p. 80).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct (now Ethics), see the House Ethics Manual
    (110th Cong., 2d Sess.).
      It is not a proper parliamentary inquiry to ask the Chair to interpret
    the application of a criminal statute to a Member's conduct, because it
    is for the House and not the Chair to judge the conduct of Members (Nov.
    17, 1987, p. 32153). In response to a parliamentary inquiry, the Chair
    advised that the operation of clause 16 was not affected by a special
    order of the House waiving various points of order against a measure and
    against its consideration (Mar. 23, 2007, p. 7457). The Committee on
    Standards of Official Conduct opined that ``conviction'' in clause 10
    includes a plea of guilty or a certified finding of guilty even though
    sentencing may occur later (H. Rept. 94-76).

                                    Rule XXIV

                      limitations on use of official funds

    Limitations on use of official and unofficial accounts
      1. <> (a) Except as provided in
    paragraph (b), a Member, Delegate, or Resident Commissioner may not
    maintain, or have maintained for the use of such individual, an
    unofficial office account. Funds may not be paid into an unofficial
    office account.
      (b)(1) Except as provided in subparagraph (2), a Member, Delegate, or
    Resident Commissioner may defray official expenses with funds of the
    principal campaign committee of such individual

    [[Page 953]]

    under the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
      (2) The funds specified in subparagraph (1) may not be used to defray
    official expenses for mail or other communications, compensation for
    services, office space, office furniture, office equipment, or any
    associated information technology services (excluding handheld
    communications devices).
      2. Notwithstanding any other provision of this rule, if an amount from
    the Official Expenses Allowance of a Member, Delegate, or Resident
    Commissioner is paid into the House Recording Studio revolving fund for
    telecommunications satellite services, the Member, Delegate, or Resident
    Commissioner may accept reimbursement from nonpolitical entities in that
    amount for transmission to the Chief Administrative Officer for credit
    to the Official Expenses Allowance.
      3. In this rule the term ``unofficial office account'' means an
    account or repository in which funds are received for the purpose of
    defraying otherwise unreimbursed expenses allowable under section 162(a)
    of the Internal Revenue Code of 1986 as ordinary and necessary in the
    operation of a congressional office, and includes a newsletter fund
    referred to in section 527(g) of the Internal Revenue Code of 1986.

      This provision (formerly rule XLV) was adopted in the 95th Congress
    (H. Res. 287, Mar. 2, 1977, pp. 5933-53). It was amended in the 102d
    Congress to permit Members to receive reimbursements to their expense
    allowances for recording studio charges attributable to nonpolitical
    organizations receiving the transmissions (H. Res. 5, Jan. 3, 1991, p.
    39). When the House recodified its rules in the 106th Congress, it
    consolidated former rules XLV and XLVI under clauses 1 through 9 of rule
    XXV and the second

    [[Page 954]]

    sentence of former clause 8 of rule I and former clauses 2(n)(5) and
    5(e) of rule XI under clause 10 of rule XXV (H. Res. 5, Jan. 6, 1999, p.
    47). This rule was redesignated as rule XXIV in the 107th Congress (sec.
    2(s), H. Res. 5, Jan. 3, 2001, p. 24). In the 109th Congress clause 1
    was amended to permit campaign funds to be used to defray certain
    official expenses (sec. 2(j), H. Res. 5, Jan. 4, 2005, p. 43). In the
    111th Congress a technical correction to clause 1(b)(2) was effected and
    gender-based references in clause 1 were eliminated (secs. 2(l), 2(m),
    H. Res. 5, Jan. 6, 2009, pp. 7, 9). In the 113th Congress clause 2 was
    amended to replace the Clerk with the Chief Administrative Officer (sec.
    2(f), H. Res. 5, Jan. 3, 2013, p. _).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct (now Ethics), see the House Ethics Manual
    (110th Cong., 2d Sess.).

    Limitations on use of the frank
      4. <> A Member, Delegate,
    or Resident Commissioner shall mail franked mail under section 3210(d)
    of title 39, United States Code at the most economical rate of postage
    practicable.
      5. Before making a mass mailing, a Member, Delegate, or Resident
    Commissioner shall submit a sample or description of the mail matter
    involved to the House Commission on Congressional Mailing Standards for
    an advisory opinion as to whether the proposed mailing is in compliance
    with applicable provisions of law, rule, or regulation.
      6. A mass mailing that is otherwise frankable by a Member, Delegate,
    or Resident Commissioner under the provisions of section 3210(e) of
    title 39, United States Code, is not frankable unless the cost of
    preparing and printing it is defrayed exclusively from funds made
    available in an appropriation Act.

    [[Page 955]]

      7. A Member, Delegate, or Resident Commissioner may not send a mass
    mailing outside the congressional district from which elected.
      8. In the case of a Member, Delegate, or Resident Commissioner, a mass
    mailing is not frankable under section 3210 of title 39, United States
    Code, when it is postmarked less than 90 days before the date of a
    primary or general election (whether regular, special, or runoff) in
    which such individual is a candidate for public office. If the mail
    matter is of a type that is not customarily postmarked, the date on
    which it would have been postmarked, if it were of a type customarily
    postmarked, applies.
      9. In this rule the term ``mass mailing'' means, with respect to a
    session of Congress, a mailing of newsletters or other pieces of mail
    with substantially identical content (whether such pieces of mail are
    deposited singly or in bulk, or at the same time or different times),
    totaling more than 500 pieces of mail in that session, except that such
    term does not include a mailing--
          (a) of matter in direct response to a communication from a person
    to whom the matter is mailed;
          (b) from a Member, Delegate, or Resident Commissioner to other
    Members, Delegates, the Resident Commissioner, or Senators, or to
    Federal, State, or local government officials; or
          (c) of a news release to the communications media.

      This provision (formerly rule XLVI) was adopted in the 95th Congress
    (H. Res. 287, Mar. 2, 1977, pp. 5933-53). In the 102d Congress it was

    [[Page 956]]

    extensively amended to conform to restrictions on franking and mass
    mailings included in the legislative branch appropriations acts for
    fiscal years 1990 and 1991 (P.L. 101-163 and 101-520, respectively) (H.
    Res. 5, Jan. 3, 1991, p. 39). Clause 7 (formerly clause 4) was rewritten
    in the 103d Congress to conform to the statutory prohibition against
    mass mailings outside the congressional district from which a Member was
    elected. Before the House recodified its rules in the 106th Congress,
    this provision was found in former rule XLVI (H. Res. 5, Jan. 6, 1999,
    p. 47). In the 109th Congress clause 8 was amended to expand the window
    during which a mass mailing is not frankable to 90 days before the date
    of an election (from 60 days), thereby conforming the rule to section
    3210 of title 39, United States Code (sec. 2(j), H. Res. 5, Jan. 4,
    2005, p. 43). Gender-based references were eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct (now Ethics), see the House Ethics Manual
    (110th Cong., 2d Sess.).

    Prohibition on use of funds by Members not elected to succeeding
            Congress
      10. <> Funds from the
    applicable accounts described in clause 1(k)(1) of rule X, including
    funds from committee expense resolutions, and funds in any local
    currencies owned by the United States may not be made available for
    travel by a Member, Delegate, Resident Commissioner, or Senator after
    the date of a general election in which such individual was not elected
    to the succeeding Congress or, in the case of a Member, Delegate, or
    Resident Commissioner who is not a candidate in a general election,
    after the earlier of the date of such general election or the
    adjournment sine die of the last regular session of the Congress.

      This provision was added in the 95th Congress (H. Res. 287, Mar. 2,
    1977, p. 5941). In the 105th and 106th Congresses this clause was
    amended to update archaic references to the ``contingent fund'' (H. Res.
    5, Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. 47). When the House
    recodified

    [[Page 957]]

    its rules in the 106th Congress, it consolidated the second sentence of
    former clause 8 of rule I and former clauses 2(n)(5) and 5(e) of rule XI
    under clause 10 of former rule XXV (redesignated as rule XXIV in the
    107th Congress) (H. Res. 5, Jan. 6, 1999, p. 47). Conforming changes
    were effected in the 109th and 112th Congresses (sec. 2(a), H. Res. 5,
    Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80). A
    gender-based reference was eliminated in the 111th Congress (sec. 2(l),
    H. Res. 5, Jan. 6, 2009, p. 7).

                                    Rule XXV

          limitations on outside earned income and acceptance of gifts

    Outside earned income; honoraria
      1. (a) <> Except as provided by
    paragraph (b), a Member, Delegate, Resident Commissioner, officer, or
    employee of the House may not--
          (1) have outside earned income attributable to a calendar year
    that exceeds 15 percent of the annual rate of basic pay for level II of
    the Executive Schedule under section 5313 of title 5, United States
    Code, as of January 1 of that calendar year; or
          (2) receive any honorarium, except that an officer or employee of
    the House who is paid at a rate less than 120 percent of the minimum
    rate of basic pay for GS-15 of the General Schedule may receive an
    honorarium unless the subject matter is directly related to the official
    duties of the individual, the payment is made because of the status of
    the individual with the House, or the person offering the honorarium has
    interests that may be substantially affected by the performance or non

    [[Page 958]]

    performance of the official duties of the individual.
      (b) In the case of an individual who becomes a Member, Delegate,
    Resident Commissioner, officer, or employee of the House, such
    individual may not have outside earned income attributable to the
    portion of a calendar year that occurs after such individual becomes a
    Member, Delegate, Resident Commissioner, officer, or employee that
    exceeds 15 percent of the annual rate of basic pay for level II of the
    Executive Schedule under section 5313 of title 5, United States Code, as
    of January 1 of that calendar year multiplied by a fraction, the
    numerator of which is the number of days the individual is a Member,
    Delegate, Resident Commissioner, officer, or employee during that
    calendar year and the denominator of which is 365.
      (c) A payment in lieu of an honorarium that is made to a charitable
    organization on behalf of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House may not be received by that Member,
    Delegate, Resident Commissioner, officer, or employee. Such a payment
    may not exceed $2,000 or be made to a charitable organization from which
    the Member, Delegate, Resident Commissioner, officer, or employee or a
    parent, sibling, spouse, child, or dependent relative of the Member,
    Delegate, Resident Commissioner, officer, or employee, derives a
    financial benefit.

    [[Page 959]]

      2. A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not--
          (a) receive compensation for affiliating with or being employed by
    a firm, partnership, association, corporation, or other entity that
    provides professional services involving a fiduciary relationship except
    for the practice of medicine;
          (b) permit the name of such individual to be used by such a firm,
    partnership, association, corporation, or other entity;
          (c) receive compensation for practicing a profession that involves
    a fiduciary relationship except for the practice of medicine;
          (d) serve for compensation as an officer or member of the board of
    an association, corporation, or other entity; or
          (e) receive compensation for teaching, without the prior
    notification and approval of the Committee on Ethics.
    Copyright royalties
      3. (a) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not receive an advance payment on copyright royalties.
    This paragraph does not prohibit a literary agent, researcher, or other
    individual (other than an individual employed by the House or a relative
    of a Member, Delegate, Resident Commissioner, officer, or employee)
    working on behalf of a Member, Delegate, Resident Commissioner, officer,
    or employee with respect to a

    [[Page 960]]

    publication from receiving an advance payment of a copyright royalty
    directly from a publisher and solely for the benefit of that literary
    agent, researcher, or other individual.
      (b) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not receive copyright royalties under a contract entered
    into on or after January 1, 1996, unless that contract is first approved
    by the Committee on Ethics as complying with the requirement of clause
    4(d)(1)(E) (that royalties are received from an established publisher
    under usual and customary contractual terms).
    Definitions
      4. (a)(1) In this rule, except as provided in subparagraph (2), the
    term ``officer or employee of the House'' means an individual (other
    than a Member, Delegate, or Resident Commissioner) whose pay is
    disbursed by the Chief Administrative Officer, who is paid at a rate
    equal to or greater than 120 percent of the minimum rate of basic pay
    for GS-15 of the General Schedule, and who is so employed for more than
    90 days in a calendar year.
      (2)(A) When used with respect to an honorarium, the term ``officer or
    employee of the House'' means an individual (other than a Member,
    Delegate, or Resident Commissioner) whose salary is disbursed by the
    Chief Administrative Officer.

    [[Page 961]]

      (B) When used in clause 5 of this rule, the terms ``officer'' and
    ``employee'' have the same meanings as in rule XXIII.
      (b) In this rule the term ``honorarium'' means a payment of money or a
    thing of value for an appearance, speech, or article (including a series
    of appearances, speeches, or articles) by a Member, Delegate, Resident
    Commissioner, officer, or employee of the House, excluding any actual
    and necessary travel expenses incurred by that Member, Delegate,
    Resident Commissioner, officer, or employee (and one relative) to the
    extent that such expenses are paid or reimbursed by any other person.
    The amount otherwise determined shall be reduced by the amount of any
    such expenses to the extent that such expenses are not so paid or
    reimbursed.
      (c) In this rule the term ``travel expenses'' means, with respect to a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House, or a relative of such Member, Delegate, Resident Commissioner,
    officer, or employee, the cost of transportation, and the cost of
    lodging and meals while away from the residence or principal place of
    employment of such individual.
      (d)(1) In this rule the term ``outside earned income'' means, with
    respect to a Member, Delegate, Resident Commissioner, officer, or
    employee of the House, wages, salaries, fees, and other amounts received
    or to be received as compensation for personal services actually
    rendered, but does not include--

    [[Page 962]]

          (A) the salary of a Member, Delegate, Resident Commissioner,
    officer, or employee;
          (B) any compensation derived by a Member, Delegate, Resident
    Commissioner, officer, or employee of the House for personal services
    actually rendered before the adoption of this rule or before such
    individual became a Member, Delegate, Resident Commissioner, officer, or
    employee;
          (C) any amount paid by, or on behalf of, a Member, Delegate,
    Resident Commissioner, officer, or employee of the House to a tax-
    qualified pension, profit-sharing, or stock bonus plan and received by
    such individual from such a plan;
          (D) in the case of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House engaged in a trade or business in
    which such individual or the family of such individual holds a
    controlling interest and in which both personal services and capital are
    income-producing factors, any amount received by the Member, Delegate,
    Resident Commissioner, officer, or employee, so long as the personal
    services actually rendered by such individual in the trade or business
    do not generate a significant amount of income; or
          (E) copyright royalties received from established publishers under
    usual and customary contractual terms; and
      (2) outside earned income shall be determined without regard to
    community property law.

    [[Page 963]]

      (e) In this rule the term ``charitable organization'' means an
    organization described in section 170(c) of the Internal Revenue Code of
    1986.

      The rule on outside earned income (formerly rule XLVII) was adopted in
    the 95th Congress (H. Res. 287, Mar. 2, 1977, pp. 5933-53). It was
    amended for the first time in the 96th Congress to increase the limit on
    a single honorarium from $750 to $1000 (H. Res. 5, Jan. 15, 1979, pp. 7-
    16). The rule was amended further in the 97th Congress to (1) increase
    the limitation on outside earned income for a calendar year from 15 to
    30 percent of a Member's salary; (2) strike the $1000 limitation on a
    single honorarium; and (3) provide that honoraria shall be attributable
    to the calendar year in which payment is received (H. Res. 305, Dec. 15,
    1981, p. 31529). In the 99th Congress, the rule was amended to delete
    the 30 percent of aggregate salary limitation on outside earned income
    and to conform the limitation to that contained in law (2 U.S.C. 31-1
    provides that a Member of Congress may not accept honoraria in excess of
    40 percent of a Member's aggregate salary) (H. Res. 427, Apr. 22, 1986,
    p. 8328). The next day, the House adopted a resolution vacating the
    proceedings by which that resolution had been adopted and laying that
    resolution on the table (H. Res. 432, Apr. 23, 1986, p. 8474). The
    Ethics Reform Act of 1989: (1) amended the title of the rule; (2)
    amended clause 1 to effect for 1991 and future years the elimination of
    honoraria not assigned to charity and closer restrictions on outside
    earned income (including limitation to 15 percent of Executive Level II
    pay); (3) amended clause 2 to effect for 1991 and future years new
    limits on outside employment; and (4) amended clause 3 to revise certain
    definitions (P.L. 101-194). That Act also established a civil cause of
    action against an individual who violates the limitations on outside
    earned income and employment (5 U.S.C. app. 504). In the 102d Congress
    clause 2 was further amended to specify that the ban on affiliation with
    a firm applies only if compensation is received and only with respect to
    a professional services firm, and clause 3 was further amended to
    specify the applicability of outside earned income restrictions to
    officers and employees of the House (H. Res. 5, Jan. 3, 1991, p. 39). In
    the 104th Congress a new clause was added to prohibit the receipt of
    advance payments on copyright royalties and the receipt of any payments
    on copyright royalties under future contracts unless approved in advance
    by the Committee on Standards of Official Conduct (now Ethics) (H. Res.
    299, Dec. 22, 1995, p. 38488). In the 106th Congress the rule was
    amended to permit certain House employees to receive honoraria; the
    parenthetical in clause 4(b) was adopted; and, when the House recodified
    its rules, it consolidated former rules XLI, XLVII, and LI under rule
    XXVI (H. Res. 5, Jan. 6, 1999, p. 47). This rule was redesignated as
    rule XXV in the 107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p.
    24). Clause 4(a)(1) (and clause 5(e)) were amended in the 107th Congress
    to conform the definition of ``officer or employee'' to rule XXIII (sec.
    2(w), H. Res. 5, Jan. 3,

    [[Page 964]]

    2001, p. 26). Clause 2 was amended in the 108th Congress to except the
    practice of medicine from the restriction against outside earned income
    received from providing professional services that involve a fiduciary
    relationship (sec. 2(q), H. Res. 5, Jan. 7, 2003, p. 7). Gender-based
    references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7). Amendments were effected in the 112th Congress to
    reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5,
    2011, p. 80).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct (now Ethics), see the House Ethics Manual
    (110th Cong., 2d Sess.).
      Before its coverage was restricted to the Senate in the Ethics Reform
    Act of 1989 (sec. 601(b), P.L. 101-194), a separate provision of law (2
    U.S.C. 441i) provided criminal penalties for any elected or appointed
    Federal employee who accepts an honorarium of more than $2000 per
    speech. A statutory ceiling of $25,000 from honoraria in a calendar year
    was repealed in 1981 (P.L. 97-51). The Senate repealed its rule on
    outside earned income in the 97th Congress (S. Res. 512, Dec. 14, 1982,
    p. 30640) and reinstated it in the 102d Congress (S. Res. 192, Oct. 31,
    1991, p. 29567).
      For provisions of the Federal criminal code restricting postemployment
    activities, see 18 U.S.C. 207, which was originally enacted in title V
    of the Ethics in Government Act of 1978 (P.L. 95-521).

    Gifts
      5. (a)(1)(A)(i) <> A Member, Delegate,
    Resident Commissioner, officer, or employee of the House may not
    knowingly accept a gift except as provided in this clause.
      (ii) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not knowingly accept a gift from a registered lobbyist
    or agent of a foreign principal or from a private entity that retains or
    employs registered lobbyists or agents of a foreign principal except as
    provided in subparagraph (3) of this paragraph.
      (B)(i) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may accept a gift (other than cash or cash equivalent) not
    prohibited by subdivision (A)(ii) that the

    [[Page 965]]

    Member, Delegate, Resident Commissioner, officer, or employee reasonably
    and in good faith believes to have a value of less than $50 and a
    cumulative value from one source during a calendar year of less than
    $100. A gift having a value of less than $10 does not count toward the
    $100 annual limit. The value of perishable food sent to an office shall
    be allocated among the individual recipients and not to the Member,
    Delegate, or Resident Commissioner. Formal recordkeeping is not required
    by this subdivision, but a Member, Delegate, Resident Commissioner,
    officer, or employee of the House shall make a good faith effort to
    comply with this subdivision.
      (ii) A gift of a ticket to a sporting or entertainment event shall be
    valued at the face value of the ticket or, in the case of a ticket
    without a face value, at the highest cost of a ticket with a face value
    for the event. The price printed on a ticket to an event shall be deemed
    its face value only if it also is the price at which the issuer offers
    that ticket for sale to the public.
      (2)(A) In this clause the term ``gift'' means a gratuity, favor,
    discount, entertainment, hospitality, loan, forbearance, or other item
    having monetary value. The term includes gifts of services, training,
    transportation, lodging, and meals, whether provided in kind, by
    purchase of a ticket, payment in advance, or reimbursement after the
    expense has been incurred.
      (B)(i) A gift to a family member of a Member, Delegate, Resident
    Commissioner, officer, or employee of the House, or a gift to any other
    indi

    [[Page 966]]

    vidual based on that individual's relationship with the Member,
    Delegate, Resident Commissioner, officer, or employee, shall be
    considered a gift to the Member, Delegate, Resident Commissioner,
    officer, or employee if it is given with the knowledge and acquiescence
    of the Member, Delegate, Resident Commissioner, officer, or employee and
    the Member, Delegate, Resident Commissioner, officer, or employee has
    reason to believe the gift was given because of the official position of
    such individual.
      (ii) If food or refreshment is provided at the same time and place to
    both a Member, Delegate, Resident Commissioner, officer, or employee of
    the House and the spouse or dependent thereof, only the food or
    refreshment provided to the Member, Delegate, Resident Commissioner,
    officer, or employee shall be treated as a gift for purposes of this
    clause.
      (3) The restrictions in subparagraph (1) do not apply to the
    following:
          (A) Anything for which the Member, Delegate, Resident
    Commissioner, officer, or employee of the House pays the market value,
    or does not use and promptly returns to the donor.
          (B) A contribution, as defined in section 301(8) of the Federal
    Election Campaign Act of 1971 (2 U.S.C. 431) that is lawfully made under
    that Act, a lawful contribution for election to a State or local
    government office, or attendance at a fundraising event sponsored

    [[Page 967]]

    by a political organization described in section 527(e) of the Internal
    Revenue Code of 1986.
          (C) A gift from a relative as described in section 109(16) of
    title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(16)).
          (D)(i) Anything provided by an individual on the basis of a
    personal friendship unless the Member, Delegate, Resident Commissioner,
    officer, or employee of the House has reason to believe that, under the
    circumstances, the gift was provided because of the official position of
    such individual and not because of the personal friendship.
          (ii) In determining whether a gift is provided on the basis of
    personal friendship, the Member, Delegate, Resident Commissioner,
    officer, or employee of the House shall consider the circumstances under
    which the gift was offered, such as:
              (I) The history of the relationship of such individual with
    the individual giving the gift, including any previous exchange of gifts
    between them.
              (II) Whether to the actual knowledge of such individual the
    individual who gave the gift personally paid for the gift or sought a
    tax deduction or business reimbursement for the gift.
              (III) Whether to the actual knowledge of such individual the
    individual who gave the gift also gave the same or similar gifts to
    other Members, Delegates, the Resident

    [[Page 968]]

    Commissioners, officers, or employees of the House.
          (E) Except as provided in paragraph (e)(3), a contribution or
    other payment to a legal expense fund established for the benefit of a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House that is otherwise lawfully made in accordance with the
    restrictions and disclosure requirements of the Committee on Ethics.
          (F) A gift from another Member, Delegate, Resident Commissioner,
    officer, or employee of the House or Senate.
          (G) Food, refreshments, lodging, transportation, and other
    benefits--
              (i) resulting from the outside business or employment
    activities of the Member, Delegate, Resident Commissioner, officer, or
    employee of the House (or other outside activities that are not
    connected to the duties of such individual as an officeholder), or of
    the spouse of such individual, if such benefits have not been offered or
    enhanced because of the official position of such individual and are
    customarily provided to others in similar circumstances;
              (ii) customarily provided by a prospective employer in
    connection with bona fide employment discussions; or
              (iii) provided by a political organization described in
    section 527(e) of the Internal Revenue Code of 1986 in connection with a

    [[Page 969]]

    fundraising or campaign event sponsored by such organization.
          (H) Pension and other benefits resulting from continued
    participation in an employee welfare and benefits plan maintained by a
    former employer.
          (I) Informational materials that are sent to the office of the
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House in the form of books, articles, periodicals, other written
    materials, audiotapes, videotapes, or other forms of communication.
          (J) Awards or prizes that are given to competitors in contests or
    events open to the public, including random drawings.
          (K) Honorary degrees (and associated travel, food, refreshments,
    and entertainment) and other bona fide, nonmonetary awards presented in
    recognition of public service (and associated food, refreshments, and
    entertainment provided in the presentation of such degrees and awards).
          (L) Training (including food and refreshments furnished to all
    attendees as an integral part of the training) if such training is in
    the interest of the House.
          (M) Bequests, inheritances, and other transfers at death.
          (N) An item, the receipt of which is authorized by the Foreign
    Gifts and Decorations Act, the Mutual Educational and Cultural Exchange
    Act, or any other statute.

    [[Page 970]]

          (O) Anything that is paid for by the Federal Government, by a
    State or local government, or secured by the Government under a
    Government contract.
          (P) A gift of personal hospitality (as defined in section 109(14)
    of the Ethics in Government Act) of an individual other than a
    registered lobbyist or agent of a foreign principal.
          (Q) Free attendance at an event permitted under subparagraph (4).
          (R) Opportunities and benefits that are--
              (i) available to the public or to a class consisting of all
    Federal employees, whether or not restricted on the basis of geographic
    consideration;
              (ii) offered to members of a group or class in which
    membership is unrelated to congressional employment;
              (iii) offered to members of an organization, such as an
    employees' association or congressional credit union, in which
    membership is related to congressional employment and similar
    opportunities are available to large segments of the public through
    organizations of similar size;
              (iv) offered to a group or class that is not defined in a
    manner that specifically discriminates among Government employees on the
    basis of branch of Government or type of responsibility, or on a basis
    that favors those of higher rank or rate of pay;

    [[Page 971]]

              (v) in the form of loans from banks and other financial
    institutions on terms generally available to the public; or
              (vi) in the form of reduced membership or other fees for
    participation in organization activities offered to all Government
    employees by professional organizations if the only restrictions on
    membership relate to professional qualifications.
          (S) A plaque, trophy, or other item that is substantially
    commemorative in nature and that is intended for presentation.
          (T) Anything for which, in an unusual case, a waiver is granted by
    the Committee on Ethics.
          (U) Food or refreshments of a nominal value offered other than as
    a part of a meal.
          (V) Donations of products from the district or State that the
    Member, Delegate, or Resident Commissioner represents that are intended
    primarily for promotional purposes, such as display or free
    distribution, and are of minimal value to any single recipient.
          (W) An item of nominal value such as a greeting card, baseball
    cap, or a T-shirt.
      (4)(A) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may accept an offer of free attendance at a widely attended
    convention, conference, symposium, forum, panel discussion, dinner,
    viewing, reception, or similar event, provided by the sponsor of the
    event, if--

    [[Page 972]]

          (i) the Member, Delegate, Resident Commissioner, officer, or
    employee of the House participates in the event as a speaker or a panel
    participant, by presenting information related to Congress or matters
    before Congress, or by performing a ceremonial function appropriate to
    the official position of such individual; or
          (ii) attendance at the event is appropriate to the performance of
    the official duties or representative function of the Member, Delegate,
    Resident Commissioner, officer, or employee of the House.
      (B) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House who attends an event described in subdivision (A) may accept a
    sponsor's unsolicited offer of free attendance at the event for an
    accompanying individual.
      (C) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House, or the spouse or dependent thereof, may accept a sponsor's
    unsolicited offer of free attendance at a charity event, except that
    reimbursement for transportation and lodging may not be accepted in
    connection with the event unless--
          (i) all of the net proceeds of the event are for the benefit of an
    organization described in section 501(c)(3) of the Internal Revenue Code
    of 1986 and exempt from taxation under section 501(a) of such Code;
          (ii) reimbursement for the transportation and lodging in
    connection with the event is paid by such organization; and

    [[Page 973]]

          (iii) the offer of free attendance at the event is made by such
    organization.
      (D) In this paragraph the term ``free attendance'' may include waiver
    of all or part of a conference or other fee, the provision of local
    transportation, or the provision of food, refreshments, entertainment,
    and instructional materials furnished to all attendees as an integral
    part of the event. The term does not include entertainment collateral to
    the event, nor does it include food or refreshments taken other than in
    a group setting with all or substantially all other attendees.
      (5) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not accept a gift the value of which exceeds $250 on the
    basis of the personal friendship exception in subparagraph (3)(D) unless
    the Committee on Ethics issues a written determination that such
    exception applies. A determination under this subparagraph is not
    required for gifts given on the basis of the family relationship
    exception in subparagraph (3)(C).
      (6) When it is not practicable to return a tangible item because it is
    perishable, the item may, at the discretion of the recipient, be given
    to an appropriate charity or destroyed.
      (b)(1)(A) A reimbursement (including payment in kind) to a Member,
    Delegate, Resident Commissioner, officer, or employee of the House for
    necessary transportation, lodging, and related expenses for travel to a
    meeting, speaking engagement, factfinding trip, or similar event in
    connection with the duties of such individual as

    [[Page 974]]

    an officeholder shall be considered as a reimbursement to the House and
    not a gift prohibited by this clause when it is from a private source
    other than a registered lobbyist or agent of a foreign principal or a
    private entity that retains or employs registered lobbyists or agents of
    a foreign principal (except as provided in subdivision (C)), if the
    Member, Delegate, Resident Commissioner, officer, or employee--
          (i) in the case of an employee, receives advance authorization,
    from the Member, Delegate, Resident Commissioner, or officer under whose
    direct supervision the employee works, to accept reimbursement; and
          (ii) discloses the expenses reimbursed or to be reimbursed and the
    authorization to the Clerk within 15 days after the travel is completed.
      (B) For purposes of subdivision (A), events, the activities of which
    are substantially recreational in nature, are not considered to be in
    connection with the duties of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House as an officeholder.
      (C) A reimbursement (including payment in kind) to a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for any purpose
    described in subdivision (A) also shall be considered as a reimbursement
    to the House and not a gift prohibited by this clause (without regard to
    whether the source retains or employs registered lobbyists or agents of
    a foreign principal) if it is, under regulations prescribed by the

    [[Page 975]]

    Committee on Ethics to implement this provision--
          (i) directly from an institution of higher education within the
    meaning of section 101 of the Higher Education Act of 1965; or
          (ii) provided only for attendance at or participation in a one-day
    event (exclusive of travel time and an overnight stay).
    Regulations prescribed to implement this provision may permit a two-
    night stay when determined by the committee on a case-by-case basis to
    be practically required to participate in the one-day event.
      (2) Each advance authorization to accept reimbursement shall be signed
    by the Member, Delegate, Resident Commissioner, or officer of the House
    under whose direct supervision the employee works and shall include--
          (A) the name of the employee;
          (B) the name of the person who will make the reimbursement;
          (C) the time, place, and purpose of the travel; and
          (D) a determination that the travel is in connection with the
    duties of the employee as an officeholder and would not create the
    appearance that the employee is using public office for private gain.
      (3) Each disclosure made under subparagraph (1)(A) shall be signed by
    the Member, Delegate, Resident Commissioner, or officer (in the case of
    travel by that Member, Delegate, Resident Commissioner, or officer) or
    by the Member, Dele

    [[Page 976]]

    gate, Resident Commissioner, or officer under whose direct supervision
    the employee works (in the case of travel by an employee) and shall
    include--
          (A) a good faith estimate of total transportation expenses
    reimbursed or to be reimbursed;
          (B) a good faith estimate of total lodging expenses reimbursed or
    to be reimbursed;
          (C) a good faith estimate of total meal expenses reimbursed or to
    be reimbursed;
          (D) a good faith estimate of the total of other expenses
    reimbursed or to be reimbursed;
          (E) a determination that all such expenses are necessary
    transportation, lodging, and related expenses as defined in subparagraph
    (4);
          (F) a description of meetings and events attended; and
          (G) in the case of a reimbursement to a Member, Delegate, Resident
    Commissioner, or officer, a determination that the travel was in
    connection with the duties of such individual as an officeholder and
    would not create the appearance that the Member, Delegate, Resident
    Commissioner, or officer is using public office for private gain.
      (4) In this paragraph the term ``necessary transportation, lodging,
    and related expenses''--
          (A) includes reasonable expenses that are necessary for travel for
    a period not exceeding four days within the United States or seven days
    exclusive of travel time outside of the

    [[Page 977]]

    United States unless approved in advance by the Committee on Ethics;
          (B) is limited to reasonable expenditures for transportation,
    lodging, conference fees and materials, and food and refreshments,
    including reimbursement for necessary transportation, whether or not
    such transportation occurs within the periods described in subdivision
    (A);
          (C) does not include expenditures for recreational activities, nor
    does it include entertainment other than that provided to all attendees
    as an integral part of the event, except for activities or entertainment
    otherwise permissible under this clause; and
          (D) may include travel expenses incurred on behalf of a relative
    of the Member, Delegate, Resident Commissioner, officer, or employee.
      (5) The Clerk of the House shall make all advance authorizations,
    certifications, and disclosures filed pursuant to this paragraph
    available for public inspection as soon as possible after they are
    received.
      (c)(1)(A) Except as provided in subdivision (B), a Member, Delegate,
    Resident Commissioner, officer, or employee of the House may not accept
    a reimbursement (including payment in kind) for transportation, lodging,
    or related expenses for a trip on which the traveler is accompanied on
    any segment by a registered lobbyist or agent of a foreign principal.
      (B) Subdivision (A) does not apply to a trip for which the source of
    reimbursement is an institu

    [[Page 978]]

    tion of higher education within the meaning of section 101 of the Higher
    Education Act of 1965.
      (2) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not accept a reimbursement (including payment in kind) for
    transportation, lodging, or related expenses under the exception in
    paragraph (b)(1)(C)(ii) of this clause for a trip that is financed in
    whole or in part by a private entity that retains or employs registered
    lobbyists or agents of a foreign principal unless any involvement of a
    registered lobbyist or agent of a foreign principal in the planning,
    organization, request, or arrangement of the trip is de minimis under
    rules prescribed by the Committee on Ethics to implement paragraph
    (b)(1)(C) of this clause.
      (3) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not accept a reimbursement (including payment in kind) for
    transportation, lodging, or related expenses for a trip (other than a
    trip permitted under paragraph (b)(1)(C) of this clause) if such trip is
    in any part planned, organized, requested, or arranged by a registered
    lobbyist or agent of a foreign principal.
      (d) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House shall, before accepting travel otherwise permissible under
    paragraph (b)(1) of this clause from any private source--
          (1) provide to the Committee on Ethics before such trip a written
    certification signed by

    [[Page 979]]

    the source or (in the case of a corporate person) by an officer of the
    source--
              (A) that the trip will not be financed in any part by a
    registered lobbyist or agent of a foreign principal;
              (B) that the source either--
                  (i) does not retain or employ registered lobbyists or
    agents of a foreign principal; or
                  (ii) is an institution of higher education within the
    meaning of section 101 of the Higher Education Act of 1965; or
                  (iii) certifies that the trip meets the requirements
    specified in rules prescribed by the Committee on Ethics to implement
    paragraph (b)(1)(C)(ii) of this clause and specifically details the
    extent of any involvement of a registered lobbyist or agent of a foreign
    principal in the planning, organization, request, or arrangement of the
    trip considered to qualify as de minimis under such rules;
              (C) that the source will not accept from another source any
    funds earmarked directly or indirectly for the purpose of financing any
    aspect of the trip;
              (D) that the traveler will not be accompanied on any segment
    of the trip by a registered lobbyist or agent of a foreign principal
    (except in the case of a trip for which the source of reimbursement is
    an institution of higher education within the meaning

    [[Page 980]]

    of section 101 of the Higher Education Act of 1965); and
              (E) that (except as permitted in paragraph (b)(1)(C) of this
    clause) the trip will not in any part be planned, organized, requested,
    or arranged by a registered lobbyist or agent of a foreign principal;
    and
          (2) after the Committee on Ethics has promulgated the regulations
    mandated in paragraph (i)(1)(B) of this clause, obtain the prior
    approval of the committee for such trip.
      (e) A gift prohibited by paragraph (a)(1) includes the following:
          (1) Anything provided by a registered lobbyist or an agent of a
    foreign principal to an entity that is maintained or controlled by a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House.
          (2) A charitable contribution (as defined in section 170(c) of the
    Internal Revenue Code of 1986) made by a registered lobbyist or an agent
    of a foreign principal on the basis of a designation, recommendation, or
    other specification of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House (not including a mass mailing or other
    solicitation directed to a broad category of persons or entities), other
    than a charitable contribution permitted by paragraph (f).
          (3) A contribution or other payment by a registered lobbyist or an
    agent of a foreign principal to a legal expense fund established for the
    benefit of a Member, Delegate, Resi

    [[Page 981]]

    dent Commissioner, officer, or employee of the House.
          (4) A financial contribution or expenditure made by a registered
    lobbyist or an agent of a foreign principal relating to a conference,
    retreat, or similar event, sponsored by or affiliated with an official
    congressional organization, for or on behalf of Members, Delegates, the
    Resident Commissioner, officers, or employees of the House.
      (f)(1) A charitable contribution (as defined in section 170(c) of the
    Internal Revenue Code of 1986) made by a registered lobbyist or an agent
    of a foreign principal in lieu of an honorarium to a Member, Delegate,
    Resident Commissioner, officer, or employee of the House is not
    considered a gift under this clause if it is reported as provided in
    subparagraph (2).
      (2) A Member, Delegate, Resident Commissioner, officer, or employee
    who designates or recommends a contribution to a charitable organization
    in lieu of an honorarium described in subparagraph (1) shall report
    within 30 days after such designation or recommendation to the Clerk--
          (A) the name and address of the registered lobbyist who is making
    the contribution in lieu of an honorarium;
          (B) the date and amount of the contribution; and
          (C) the name and address of the charitable organization designated
    or recommended by

    [[Page 982]]

    the Member, Delegate, or Resident Commissioner.
    The Clerk shall make public information received under this subparagraph
    as soon as possible after it is received.
      (g) In this clause--
          (1) the term ``registered lobbyist'' means a lobbyist registered
    under the Federal Regulation of Lobbying Act or any successor statute;
          (2) the term ``agent of a foreign principal'' means an agent of a
    foreign principal registered under the Foreign Agents Registration Act;
    and
          (3) the terms ``officer'' and ``employee'' have the same meanings
    as in rule XXIII.
      (h) All the provisions of this clause shall be interpreted and
    enforced solely by the Committee on Ethics. The Committee on Ethics is
    authorized to issue guidance on any matter contained in this clause.
      (i)(1) Not later than 45 days after the date of adoption of this
    paragraph and at annual intervals thereafter, the Committee on Ethics
    shall develop and revise, as necessary--
          (A) guidelines on judging the reasonableness of an expense or
    expenditure for purposes of this clause, including the factors that tend
    to establish--
              (i) a connection between a trip and official duties;
              (ii) the reasonableness of an amount spent by a sponsor;

    [[Page 983]]

              (iii) a relationship between an event and an officially
    connected purpose; and
              (iv) a direct and immediate relationship between a source of
    funding and an event; and
          (B) regulations describing the information it will require
    individuals subject to this clause to submit to the committee in order
    to obtain the prior approval of the committee for any travel covered by
    this clause, including any required certifications.
      (2) In developing and revising guidelines under subparagraph (1)(A),
    the committee shall take into account the maximum per diem rates for
    official Government travel published annually by the General Services
    Administration, the Department of State, and the Department of Defense.

      This provision originally was adopted in the 104th Congress as rule
    LII (H. Res. 250, Nov. 16, 1995, p. 33433). It was amended in the 106th
    Congress to permit acceptance of a gift having a value of less than $50
    and a cumulative value from any one source in the calendar year of less
    than $100 (H. Res. 9, Jan. 6, 1999, p. 237). In the 105th Congress it
    was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p. 121), and when
    the House recodified its rules in the 106th Congress, this provision was
    consolidated with former rules XLI and XLVIII under former rule XXVI
    (redesignated as rule XXV in the 107th Congress) (H. Res. 5, Jan. 6,
    1999, p. 47). Clause 5(e) (now 5(g)) and clause 4(a)(1) were amended in
    the 107th Congress to conform the definition of ``officer or employee''
    to rule XXIII (sec. 2(w), H. Res. 5, Jan. 3, 2001, p. 26). In the 108th
    Congress clause 5(a)(1)(B) was amended to allocate the value of
    perishable food sent to an office among the individual recipients rather
    than to the Member (sec. 2(r), H. Res. 5, Jan. 7, 2003, p. 7) and clause
    5(a)(4)(C) was amended to permit, under specified circumstances, a
    Member to be reimbursed for transportation and lodging to attend a
    charity event (sec. 2(s), H. Res. 5, Jan. 7, 2003, p. 7). In the 109th
    Congress, clause 5(b)(4)(D) was amended to expand the definition of
    ``necessary transportation, lodging, and related expenses'' to include
    travel expenses of a relative of a Member (rather than only a spouse or
    child) (sec. 2(j), H. Res. 5, Jan. 4, 2005, p. 43). In the 110th
    Congress,

    [[Page 984]]

    clause 5 was amended as follows: (1) to add subdivision (ii) to
    paragraph (a)(1)(A), with a corresponding cross reference in paragraph
    (a)(1)(B)(i); (2) to add subdivision (ii) to paragraph (a)(1)(B); (3) to
    include as gifts reimbursement for transportation and lodging expenses
    from entities that retain registered lobbyists or agents of a foreign
    principal in paragraph (b)(1)(A) with an exception in a new subdivision
    (C) for reimbursements from institutions of higher education or for
    participation in one-day events (effective March 1, 2007); (4) to
    shorten from 30 to 15 days the time in which disclosure is made to the
    Clerk under paragraph (b)(1)(A)(ii) (effective March 1, 2007); (5) to
    add subdivision (F) to paragraph (b)(3); (6) to make a conforming
    amendment to paragraph (b)(3) (effective March 1, 2007); (7) to include
    additional certifications and disclosures in paragraph (b)(5) (effective
    March 1, 2007); (8) to add paragraphs (c) and (d) (effective March 1,
    2007); and (9) to add paragraph (i) (effective March 1, 2007).
    Subdivision (Q) was amended during the 110th Congress to clarify the
    events for which a gift of free attendance is not prohibited (sec. 4, H.
    Res. 437, May 24, 2007, p. 14156). In the 111th Congress a technical
    correction to paragraph (i)(2) was effected and gender-based references
    were eliminated (secs. 2(l), 2(m), H. Res. 5, Jan. 6, 2009, pp. 7, 9).
    Amendments were effected in the 112th Congress to reflect a change in
    committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. 80).

      The earliest <> form of the rule on ``employment
    practices'' was designated as rule LI. It grew out of the Fair
    Employment Practices Resolution first adopted in the 100th Congress (H.
    Res. 558, Oct. 3, 1988, p. 27840) and renewed in the 101st Congress (H.
    Res. 15, Jan. 3, 1989, p. 85). The terms of that resolution were
    incorporated by reference in a standing rule LI in the 102d Congress (H.
    Res. 5, Jan. 3, 1991, p. 39), and were codified in full text, with
    certain amendments, in the 103d Congress (H. Res. 5, Jan. 5, 1993, p.
    49). The Employment Practices rule was overtaken by the earliest form of
    ``application of certain laws,'' which was originally designated as LII
    in the 103d Congress (H. Res. 578, Oct. 7, 1994, p. 29326). The
    Application of Laws rule, in turn, was overtaken by the Congressional
    Accountability Act of 1995 (P.L. 104-1; 2 U.S.C. 1301). Certain savings
    provisions appear in section 506 of that Act (2 U.S.C. 1435). A later
    form of the rule designated as LII (gift rule) was adopted in the 104th
    Congress (H. Res. 250, Nov. 16, 1995, p. 33433). In the 105th Congress
    the Gift Rule was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p.
    121).

    [[Page 985]]

    Claims against the Government
      6. <> A person may not be an officer or employee of the House, or
    continue in its employment, if acting as an agent for the prosecution of
    a claim against the Government or if interested in such claim, except as
    an original claimant or in the proper discharge of official duties.

      This provision was adopted in 1842 (V, 7227). It was renumbered
    January 3, 1953 (p. 24). It was amended by the Ethics Reform Act of 1989
    to include employees in the prohibition against prosecuting or having an
    interest in any claim against the Government, to specify the
    inapplicability of that prohibition to the discharge of official duties,
    and to delete an obsolete reference to the Committee on House
    Administration (P.L. 101-194). Gender-based references were eliminated
    in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former rule XLI (H. Res. 5, Jan. 6, 1999, p. 47).

      In addition to rules XXIII through XXVI, several provisions of the
    Federal criminal code also address the conduct of Members, officers, and
    employees with respect to bribery of public officials (18 U.S.C. 201-
    203), claims against the Government (18 U.S.C. 204, 205, 207(e), 216),
    and public officials acting as agents of foreign principals (18 U.S.C.
    219).

      7. <> A
    Member, Delegate, or Resident Commissioner shall prohibit all staff
    employed by that Member, Delegate, or Resident Commissioner (including
    staff in personal, committee, and leadership offices) from making any
    lobbying contact (as defined in section 3 of the Lobbying Disclosure Act
    of 1995) with that individual's spouse if that spouse is a lobbyist
    under the Lobbying Disclosure Act of 1995 or is employed or retained by
    such a lobbyist for the purpose of influencing legislation.

    [[Page 986]]

      This provision was adopted in the 110th Congress (sec. 302, P.L. 110-
    81).

      8. <> During the dates on which the national political party to
    which a Member (including a Delegate or Resident Commissioner) belongs
    holds its convention to nominate a candidate for the office of President
    or Vice President, the Member may not participate in an event honoring
    that Member, other than in the capacity as a candidate for such office,
    if such event is directly paid for by a registered lobbyist under the
    Lobbying Disclosure Act of 1995 or a private entity that retains or
    employs such a registered lobbyist.

      This provision was adopted in the 110th Congress (sec. 305, P.L. 110-
    81). A gender-based reference was eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. 7).

                                    Rule XXVI

                              financial disclosure

      1. <> The Clerk shall send a copy of each report filed with the
    Clerk under title I of the Ethics in Government Act of 1978 within the
    seven-day period beginning on the date on which the report is filed to
    the Committee on Ethics.
      2. For the purposes of this rule, the provisions of title I of the
    Ethics in Government Act of 1978 shall be considered Rules of the House
    as they pertain to Members, Delegates, the Resident Commissioner,
    officers, and employees of the House.

    [[Page 987]]

      3. Members of the board of the Office of Congressional Ethics shall
    file annual financial disclosure reports with the Clerk of the House on
    or before May 15 of each calendar year after any year in which they
    perform the duties of that position. Such reports shall be on a form
    prepared by the Clerk that is substantially similar to form 450 of the
    Office of Government Ethics. The Clerk shall send a copy of each such
    report filed with the Clerk within the seven-day period beginning on the
    date on which the report is filed to the Committee on Ethics and shall
    have them printed as a House document and made available to the public
    by August 1 of each year.

      The original version of this rule (formerly rule XLIV) was adopted in
    the 90th Congress, in the same resolution that redefined the
    jurisdiction of the Committee on Standards of Official Conduct (now
    Ethics) (H. Res. 1099, Apr. 3, 1968, p. 8803). In the 91st Congress the
    rule was amended, effective for years after 1970, to require public
    disclosure of: (1) honoraria from a single source totaling $300 or more;
    and (2) each creditor to whom was owed an unsecured loan or other
    indebtedness of $10,000 or more outstanding for at least 90 days in the
    preceding calendar year (H. Res. 796, May 26, 1970, p. 17019). It was
    further amended in the 92d Congress to bring the Delegates and Resident
    Commissioner within the definition of ``Members'' in the final sentence
    of the rule (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13,
    1972, pp. 36021-23), and was amended in the 95th Congress to delete an
    obsolete reference (H. Res. 5, Jan. 4, 1977, pp. 53-70). The rule was
    completely amended in the 95th Congress, effective July 1, 1977, to: (1)
    broaden the sources and minimum amounts of income reported; (2) require
    reports to be filed with the Clerk as well as with the Committee on
    Standards of Official Conduct; and (3) make reports available to the
    public as printed House documents rather than having them maintained by
    the Committee on Standards of Official Conduct (H. Res. 287, Mar. 2,
    1977, pp. 5933-53), but this last requirement was repealed in the 113th
    Congress (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). The rule was again
    amended in the 96th Congress to incorporate by reference the relevant
    provisions of title I of the Ethics in Government Act of 1978 as they
    pertain to Members, officers, and employees of the House (H. Res. 5,
    Jan. 15, 1979, pp. 7-16). Clause 1 was amended by the Ethics Reform Act
    of 1989 to make conforming changes in certain dates (P.L.

    [[Page 988]]

    101-194). Before the House recodified its rules in the 106th Congress,
    this provision was found in former rule XLIV (H. Res. 5, Jan. 6, 1999,
    p. 47). This rule was redesignated as rule XXVI in the 107th Congress
    (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24). Clause 3 was added in the
    110th Congress (H. Res. 895, Mar. 11, 2008, p. 3743). A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7). This rule was amended in the 112th Congress to
    reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5,
    2011, p. 80). Clause 3 was amended in the 114th Congress to replace an
    archaic reference to clause 1 with an August 1 deadline (sec. 2(h), H.
    Res. 5, Jan. 6, 2015, p. _).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct (now Ethics), see the House Ethics Manual
    (110th Cong., 2d Sess.). For a requirement that the Clerk make financial
    disclosure reports available to the public in electronic form, see
    section 8 of the Stop Trading on Congressional Knowledge Act of 2012
    (P.L. 112-105, as amended by P.L. 113-7).

      Pertinent provisions of title I of the Ethics in Government Act of
    1978 (5 U.S.C. App. 101-111) follow:

         Title I--Financial Disclosure Requirements of Federal Personnel

                            persons required to file

      Sec. 101. (a) Within thirty days of assuming the position of an
    officer or employee described in subsection (f), an individual shall
    file a report containing the information described in section 102(b)
    unless the individual has left another position described in subsection
    (f) within thirty days prior to assuming such new position or has
    already filed a report under this title with respect to nomination for
    the new position or as a candidate for the position.

                                      * * *

      (c) Within thirty days of becoming a candidate as defined in section
    301 of the Federal Campaign Act of 1971, in a calendar year for
    nomination or election to the office of President, Vice President, or
    Member of Congress, or on or before May 15 of that calendar year,
    whichever is later, but in no event later than 30 days before the
    election, and on or before May 15 of each successive year an individual
    continues to be a candidate, an individual other than an incumbent
    President, Vice President, or Member of Congress shall file a report
    containing the information described in section 102(b). Notwithstanding
    the preceding sentence, in any calendar year in which an individual
    continues to be a candidate for any office but all elections for such
    office relating to such candidacy were held in prior calendar years,
    such individual need not file a report unless he becomes a candidate for
    another vacancy in that office or another office during that year.

    [[Page 989]]

      (d) Any individual who is an officer or employee described in
    subsection (f) during any calendar year and performs the duties of his
    position or office for a period in excess of sixty days in that calendar
    year shall file on or before May 15 of the succeeding year a report
    containing the information described in section 102(a).
      (e) Any individual who occupies a position described in subsection (f)
    shall, on or before the thirtieth day after termination of employment in
    such position, file a report containing the information described in
    section 102(a) covering the preceding calendar year if the report
    required by subsection (d) has not been filed and covering the portion
    of the calendar year in which such termination occurs up to the date the
    individual left such office or position, unless such individual has
    accepted employment in another position described in subsection (f).
      (f) The officers and employees referred to in subsections (a), (d),
    and (e) are-- * * *
      (9) a Member of Congress as defined under section 109(12);
      (10) an officer or employee of the Congress as defined under section
    109(13);

                                      * * *

      (g)(1) Reasonable extensions of time for filing any report may be
    granted under procedures prescribed by the supervising ethics office for
    each branch, but the total of such extensions shall not exceed ninety
    days. * * *
      (h) The provisions of subsections (a), (b), and (e) shall not apply to
    an individual who, as determined by the designated agency ethics
    official or Secretary concerned (or in the case of a Presidential
    appointee under subsection (b), the Director of the Office of Government
    Ethics), the congressional ethics committees, or the Judicial
    Conference, is not reasonably expected to perform the duties of his
    office or position for more than sixty days in a calendar year, except
    that if such individual performs the duties of his office or position
    for more than sixty days in a calendar year--
              (1) the report required by subsections (a) and (b) shall be
            filed within fifteen days of the sixtieth day, and
              (2) the report required by subsection (e) shall be filed as
            provided in such subsection.
      (i) The supervising ethics office for each branch may grant a publicly
    available request for a waiver of any reporting requirement under this
    section for an individual who is expected to perform or has performed
    the duties of his office or position less than one hundred and thirty
    days in a calendar year, but only if the supervising ethics office
    determines that--
              (1) such individual is not a full-time employee of the
            Government,
              (2) such individual is able to provide services specially
            needed by the Government,
              (3) it is unlikely that the individual's outside employment or
            financial interests will create a conflict of interest, and

    [[Page 990]]

              (4) public financial disclosure by such individual is not
            necessary in the circumstances.

                               contents of reports

      Sec. 102. (a) Each report filed pursuant to section 101 (d) and (e)
    shall include a full and complete statement with respect to the
    following:
      (1)(A) The source, type, and amount or value of income (other than
    income referred to in subparagraph (B)) from any source (other than from
    current employment by the United States Government), and the source,
    date, and amount of honoraria from any source, received during the
    preceding calendar year, aggregating $200 or more in value and,
    effective January 1, 1991, the source, date, and amount of payments made
    to charitable organizations in lieu of honoraria, and the reporting
    individual shall simultaneously file with the applicable supervising
    ethics office, on a confidential basis, a corresponding list of
    recipients of all such payments, together with the dates and amounts of
    such payments.
      (B) The source and type of income which consists of dividends, rents,
    interest, and capital gains, received during the preceding calendar year
    which exceeds $200 in amount or value, and an indication of which of the
    following categories the amount or value of such item of income is
    within:
              (i) not more than $1,000,
              (ii) greater than $1,000 but not more than $2,500,
              (iii) greater than $2,500 but not more than $5,000,
              (iv) greater than $5,000 but not more than $15,000,
              (v) greater than $15,000 but not more than $50,000,
              (vi) greater than $50,000 but not more than $100,000,
              (vii) greater than $100,000 but not more than $1,000,000,
              (viii) greater than $1,000,000 but not more than $5,000,000,
            or
              (ix) greater than $5,000,000.
      (2)(A) The identity of the source, a brief description, and the value
    of all gifts aggregating more than the minimal value as established by
    section 7342(a)(5) of title 5, United States Code, or $250, whichever is
    greater, received from any source other than a relative of the reporting
    individual during the preceding calendar year, except that any food,
    lodging, or entertainment received as personal hospitality of an
    individual need not be reported, and any gift with a fair market value
    of $100 or less, as adjusted at the same time and by the same percentage
    as the minimal value is adjusted, need not be aggregated for purposes of
    this subparagraph.
      (B) The identity of the source and a brief description (including a
    travel itinerary, dates, and nature of expenses provided) of
    reimbursements received from any source aggregating more than the
    minimal value as established by section 7342(a)(5) of title 5, United
    States Code, or $250, whichever is greater, and received during the
    preceding calendar year.
      (C) In an unusual case, a gift need not be aggregated under
    subparagraph (A) if a publicly available request for a waiver is
    granted.

    [[Page 991]]

      (3) The identity and category of value of any interest in property
    held during the preceding calendar year in a trade or business, or for
    investment or the production of income, which has a fair market value
    which exceeds $1,000 as of the close of the preceding calendar year,
    excluding any personal liability owed to the reporting individual by a
    spouse, or by a parent, brother, sister, or child of the reporting
    individual or of the reporting individual's spouse, or any deposits
    aggregating $5,000 or less in a personal savings account. For purposes
    of this paragraph, a personal savings account shall include any
    certificate of deposit or any other form of deposit in a bank, savings
    and loan association, credit union, or similar financial institution.
      (4) The identity and category of value of the total liabilities owed
    to any creditor other than a spouse, or a parent, brother, sister, or
    child of the reporting individual or of the reporting individual's
    spouse which exceed $10,000 at any time during the preceding calendar
    year, excluding--
              (A) any mortgage secured by real property which is a personal
            residence of the reporting individual or his spouse, except that
            this exception shall not apply to a reporting individual--
                      (i) described in paragraph (1), (2), or (9) of section
                    101(f);
                      (ii) described in section 101(b) who has been
                    nominated for appointment as an officer or employee in
                    the executive branch described in subsection (f) of such
                    section, other than--
                        (I) an individual appointed to a position--
                        (II) a special government employee, as defined under
                    section 202 of title 18, United States Code; or
                      (iii) described in section 101(f) who is in a position
                    in the executive branch the appointment to which is made
                    by the President and requires advice and consent of the
                    Senate, other than--
                        (I) an individual appointed to a position--
                        (II) a special government employee, as defined under
                    section 202 of title 18, United States Code; and
              (B) any loan secured by a personal motor vehicle, household
            furniture, or appliances, which loan does not exceed the
            purchase price of the item which secures it.

    [[Page 992]]

    With respect to revolving charge accounts, only those with an
    outstanding liability which exceeds $10,000 as of the close of the
    preceding calendar year need be reported under this paragraph.
      (5) Except as provided in this paragraph, a brief description, the
    date, and category of value of any purchase, sale or exchange during the
    preceding calendar year exceeds $1,000--
              (A) in real property, other than property used solely as a
            personal residence of the reporting individual or his spouse; or
              (B) in stocks, bonds, commodities futures, and other forms of
            securities.

    Reporting is not required under this paragraph of any transaction solely
    by and between the reporting individual, his spouse, or dependent
    children.
      (6)(A) The identity of all positions held on or before the date of
    filing during the current calendar year (and, for the first report filed
    by an individual, during the two-year period preceding such calendar
    year) as an officer, director, trustee, partner, proprietor,
    representative, employee, or consultant of any corporation, company,
    firm, partnership, or other business enterprise, any nonprofit
    organization, any labor organization, or any educational or other
    institution other than the United States. This subparagraph shall not
    require the reporting of positions held in any religious, social,
    fraternal, or political entity and positions solely of an honorary
    nature.
      (B) If any person, other than the United States Government, paid a
    nonelected reporting individual compensation in excess of $5,000 in any
    of the two calendar years prior to the calendar year during which the
    individual files his first report under this title, the individual shall
    include in the report--
              (i) the identity of each source of such compensation; and
              (ii) a brief description of the nature of the duties performed
            or services rendered by the reporting individual for each such
            source.

    The preceding sentence shall not require any individual to include in
    such report any information which is considered confidential as a result
    of a privileged relationship, established by law, between such
    individual and any person nor shall it require an individual to report
    any information with respect to any person for whom services were
    provided by any firm or association of which such individual was a
    member, partner, or employee unless such individual was directly
    involved in the provision of such services.
      (7) A description of the date, parties to, and terms of any agreement
    or arrangement with respect to (A) future employment; (B) a leave of
    absence during the period of the reporting individual's Government
    service; (C) continuation of payments by a former employer other than
    the United States Government; and (D) continuing participation in an
    employee welfare or benefit plan maintained by a former employer.
      (8) The category of the total cash value of any interest of the
    reporting individual in a qualified blind trust, unless the trust
    instrument was exe

    [[Page 993]]

    cuted prior to July 24, 1995 and precludes the beneficiary from
    receiving information on the total cash value of any interest in the
    qualified blind trust.
      (b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
    section 101 shall include a full and complete statement with respect to
    the information required by--
              (A) paragraph (1) of subsection (a) for the year of filing and
            the preceding calendar year,
              (B) paragraphs (3) and (4) of subsection (a) as of the date
            specified in the report but which is less than thirty-one days
            before the filing date, and
              (C) paragraphs (6) and (7) of subsection (a) as of the filing
            date but for periods described in such paragraphs.
      (2)(A) In lieu of filling out one or more schedules of a financial
    disclosure form, an individual may supply the required information in an
    alternative format, pursuant to either rules adopted by the supervising
    ethics office for the branch in which such individual serves or pursuant
    to a specific written determination by such office for a reporting
    individual.
      (B) In lieu of indicating the category of amount or value of any item
    contained in any report filed under this title, a reporting individual
    may indicate the exact dollar amount of such item.
      (c) In the case of any individual described in section 101(e), any
    reference to the preceding calendar year shall be considered also to
    include that part of the calendar year of filing up to the date of the
    termination of employment.
      (d)(1) The categories for reporting the amount or value of the items
    covered in paragraphs (3), (4), (5), and (8) of subsection (a) are as
    follows:
              (A) not more than $15,000;
              (B) greater than $15,000 but not more than $50,000;
              (C) greater than $50,000 but not more than $100,000;
              (D) greater than $100,000 but not more than $250,000;
              (E) greater than $250,000 but not more than $500,000;
              (F) greater than $500,000 but not more than $1,000,000;
              (G) greater than $1,000,000 but not more than $5,000,000;
              (H) greater than $5,000,000 but not more than $25,000,000;
              (I) greater than $25,000,000 but not more than $50,000,000;
            and
              (J) greater than $50,000,000.
      (2) For the purposes of paragraph (3) of subsection (a) if the current
    value of an interest in real property (or an interest in a real estate
    partnership) is not ascertainable without an appraisal, an individual
    may list (A) the date of purchase and the purchase price of the interest
    in the real property, or (B) the assessed value of the real property for
    tax purposes, adjusted to reflect the market value of the property used
    for the assessment if the assessed value is computed at less than 100
    percent of such market value, but such individual shall include in his
    report a full and complete description of the method used to determine
    such assessed value, instead

    [[Page 994]]

    of specifying a category of value pursuant to paragraph (1) of this
    subsection. If the current value of any other item required to be
    reported under paragraph (3) of subsection (a) is not ascertainable
    without an appraisal, such individual may list the book value of a
    corporation whose stock is not publicly traded, the net worth of a
    business partnership, the equity value of an individually owned
    business, or with respect to other holdings, any recognized indication
    of value, but such individual shall include in his report a full and
    complete description of the method used in determining such value. In
    lieu of any value referred to in the preceding sentence, an individual
    may list the assessed value of the item for tax purposes, adjusted to
    reflect the market value of the item used for the assessment if the
    assessed value is computed at less than 100 percent of such market
    value, but a full and complete description of the method used in
    determining such assessed value shall be included in the report.
      (e)(1) Except as provided in the last sentence of this paragraph, each
    report required by section 101 shall also contain information listed in
    paragraphs (1) through (5) of subsection (a) of this section respecting
    the spouse or dependent child of the reporting individual as follows:
              (A) The source of items of earned income earned by a spouse
            from any person which exceed $1,000 and the source and amount of
            any honoraria received by a spouse, except that, with respect to
            earned income (other than honoraria), if the spouse is self-
            employed in business or a profession, only the nature of such
            business or profession need be reported.
              (B) All information required to be reported in subsection
            (a)(1)(B) with respect to income derived by a spouse or
            dependent child from any asset held by the spouse or dependent
            child and reported pursuant to subsection (a)(3).
              (C) In the case of any gifts received by a spouse or dependent
            child which are not received totally independent of the
            relationship of the spouse or dependent child to the reporting
            individual, the identity of the source and a brief description
            of gifts of transportation, lodging, food, or entertainment and
            a brief description and the value of other gifts.
              (D) In the case of any reimbursements received by a spouse or
            dependent child which are not received totally independent of
            the relationship of the spouse or dependent child to the
            reporting individual, the identity of the source and a brief
            description of each such reimbursement.
              (E) In the case of items described in paragraphs (3) through
            (5) of subsection (a), all information required to be reported
            under these paragraphs other than items (i) which the reporting
            individual certifies represent the spouse's or dependent child's
            sole financial interest or responsibility and which the
            reporting individual has no knowledge of, (ii) which are not in
            any way, past or present, derived from the income, assets, or
            activities of the reporting individual, and

    [[Page 995]]

            (iii) from which the reporting individual neither derives, nor
            expects to derive, any financial or economic benefit.
              (F) For purposes of this section, categories with amounts or
            values greater than $1,000,000 set forth in sections
            102(a)(1)(B) and 102(d)(1) shall apply to the income, assets, or
            liabilities of spouses and dependent children only if the
            income, assets, or liabilities are held jointly with the
            reporting individual. All other income, assets, or liabilities
            of the spouse or dependent children required to be reported
            under this section in an amount or value greater than $1,000,000
            shall be categorized only as an amount or value greater than
            $1,000,000.

    Reports required by subsections (a), (b), and (c) of section 101 shall,
    with respect to the spouse and dependent child of the reporting
    individual, only contain information listed in paragraphs (1), (3), and
    (4) of subsection (a), as specified in this paragraph.
      (2) No report shall be required with respect to a spouse living
    separate and apart from the reporting individual with the intention of
    terminating the marriage or providing for permanent separation; or with
    respect to any income or obligations of an individual arising from the
    dissolution of his marriage or the permanent separation from his spouse.
      (f)(1) Except as provided in paragraph (2), each reporting individual
    shall report the information required to be reported pursuant to
    subsections (a), (b), and (c) of this section with respect to the
    holdings of and the income from a trust or other financial arrangement
    from which income is received by, or with respect to which a beneficial
    interest in principal or income is held by, such individual, his spouse,
    or any dependent child.
      (2) A reporting individual need not report the holdings of or the
    source of income from any of the holdings of--
              (A) any qualified blind trust (as defined in paragraph (3));
              (B) a trust--
                      (i) which was not created directly by such individual,
                    his spouse, or any dependent child, and
                      (ii) the holdings or sources of income of which such
                    individual, his spouse, and any dependent child have no
                    knowledge of; or
              (C) an entity described under the provisions of paragraph (8),
            but such individual shall report the category of the amount of
            income received by him, his spouse, or any dependent child from
            the trust or other entity under subsection (a)(1)(B) of this
            section.
      (3) For purpose of this subsection, the term ``qualified blind trust''
    includes any trust in which a reporting individual, his spouse, or any
    minor or dependent child has a beneficial interest in the principal or
    income, and which meets the following requirements:
              (A)(i) The trustee of the trust and any other entity
            designated in the trust instrument to perform fiduciary duties
            is a financial institution, an attorney, a certified public
            accountant, a broker, or an investment advisor who--

    [[Page 996]]

                      (I) is independent of and not associated with any
                    interested party so that the trustee or other person
                    cannot be controlled or influenced in the administration
                    of the trust by any interested party;
                      (II) is not and has not been an employee of or
                    affiliated with any interested party and is not a
                    partner of, or involved in any joint venture or other
                    investment with, any interested party; and
                      (III) is not a relative of any interested party.
                  (ii) Any officer or employee of a trustee or other entity
                who is involved in the management or control of the trust--
                      (I) is independent of and not associated with any
                    interested party so that such officer or employee cannot
                    be controlled or influenced in the administration of the
                    trust by any interested party;
                      (II) is not a partner of, or involved in any joint
                    venture or other investment with, any interested party;
                    and
                      (III) is not a relative of any interested party.
              (B) Any asset transferred to the trust by an interested party
            is free of any restriction with respect to its transfer or sale
            unless such restriction is expressly approved by the supervising
            ethics office of the reporting individual.
              (C) The trust instrument which establishes the trust provides
            that--
                      (i) except to the extent provided in subparagraph (B)
                    of this paragraph, the trustee in the exercise of his
                    authority and discretion to manage and control the
                    assets of the trust shall not consult or notify any
                    interested party;
                      (ii) the trust shall not contain any asset the holding
                    of which by an interested party is prohibited by any law
                    or regulation;
                      (iii) the trustee shall promptly notify the reporting
                    individual and his supervising ethics office when the
                    holdings of any particular asset transferred to the
                    trust by any interested party are disposed of or when
                    the value of such holding is less than $1,000;
                      (iv) the trust tax return shall be prepared by the
                    trustee or his designee, and such return and any
                    information relating thereto (other than the trust
                    income summarized in appropriate categories necessary to
                    complete an interested party's tax return), shall not be
                    disclosed to any interested party;
                      (v) an interested party shall not receive any report
                    on the holdings and sources of income of the trust,
                    except a report at the end of each calendar quarter with
                    respect to the total cash value of the interest of the
                    interested party in the trust or the net income or loss
                    of the trust or any reports necessary to enable the
                    interested party to complete an individual tax return re

    [[Page 997]]

                    quired by law or to provide the information required by
                    subsection (a)(1) of this section, but such report shall
                    not identify any asset or holding;
                      (vi) except for communications which solely consist of
                    requests for distributions of cash or other unspecified
                    assets of the trust, there shall be no direct or
                    indirect communication between the trustee and an
                    interested party with respect to the trust unless such
                    communication is in writing and unless it relates only
                    (I) to the general financial interest and needs of the
                    interested party (including, but not limited to, an
                    interest in maximizing income or long-term capital
                    gain), (II) to the notification of the trustee of a law
                    or regulation subsequently applicable to the reporting
                    individual which prohibits the interested party from
                    holding an asset, which notification directs that the
                    asset not be held by the trust, or (III) to directions
                    to the trustee to sell all of an asset initially placed
                    in the trust by an interested party which in the
                    determination of the reporting individual creates a
                    conflict of interest or the appearance thereof due to
                    the subsequent assumption of duties by the reporting
                    individual (but nothing herein shall require any such
                    direction); and
                      (vii) the interested parties shall make no effort to
                    obtain information with respect to the holdings of the
                    trust, including obtaining a copy of any trust tax
                    return filed or any information relating thereto except
                    as otherwise provided in this subsection.
              (D) The proposed trust instrument and the proposed trustee is
            approved by the reporting individual's supervising ethics
            office.
              (E) For purposes of this subsection, ``interested party''
            means a reporting individual, his spouse, and any minor or
            dependent child; ``broker'' has the meaning set forth in section
            3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C.
            78c(a)(4)); and ``investment adviser'' includes any investment
            adviser who, as determined under regulations prescribed by the
            supervising ethics office, is generally involved in his role as
            such an adviser in the management or control of trusts.
              (F) Any trust qualified by a supervising ethics office before
            the effective date of title II of the Ethics Reform Act of 1989
            shall continue to be governed by the law and regulations in
            effect immediately before such effective date.
      (4)(A) An asset placed in a trust by an interested party shall be
    considered a financial interest of the reporting individual, for the
    purposes of any applicable conflict of interest statutes, regulations,
    or rules of the Federal Government (including section 208 of title 18,
    United States Code), until such time as the reporting individual is
    notified by the trustee that such asset has been disposed of, or has a
    value of less than $1,000.
      (B)(i) The provisions of subparagraph (A) shall not apply with respect
    to a trust created for the benefit of a reporting individual, or the
    spouse,

    [[Page 998]]

    dependent child, or minor child of such a person, if the supervising
    ethics office for such reporting individual finds that--
              (I) the assets placed in the trust consist of a well-
            diversified portfolio of readily marketable securities;
              (II) none of the assets consist of securities of entities
            having substantial activities in the area of the reporting
            individual's primary area of responsibility;
              (III) the trust instrument prohibits the trustee,
            notwithstanding the provisions of paragraph (3)(C) (iii) and
            (iv) of this subsection, from making public or informing any
            interested party of the sale of any securities;
              (IV) the trustee is given power of attorney, notwithstanding
            the provisions of paragraph (3)(C)(v) of this subsection, to
            prepare on behalf of any interested party the personal income
            tax returns and similar returns which may contain information
            relating to the trust; and
              (V) except as otherwise provided in this paragraph, the trust
            instrument provides (or in the case of a trust established prior
            to the effective date of this Act which by its terms does not
            permit amendment, the trustee, the reporting individual, and any
            other interested party agree in writing) that the trust shall be
            administered in accordance with the requirements of this
            subsection and the trustee of such trust meets the requirements
            of paragraph (3)(A).

                                      * * *

      (5)(A) The reporting individual shall, within thirty days after a
    qualified blind trust is approved by his supervising ethics office, file
    with such office a copy of--
              (i) the executed trust instrument of such trust (other than
            those provisions which relate to the testamentary disposition of
            the trust assets), and
              (ii) a list of the assets which were transferred to such
            trust, including the category of value of each asset as
            determined under subsection (d) of this section.

    This subparagraph shall not apply with respect to a trust meeting the
    requirements for being considered a qualified blind trust under
    paragraph (7) of this subsection.
      (B) The reporting individual shall, within thirty days of transferring
    an asset (other than cash) to a previously established qualified blind
    trust, notify his supervising ethics office of the identity of each such
    asset and the category of value of each asset as determined under
    subsection (d) of this section.
      (C) Within thirty days of the dissolution of a qualified blind trust,
    a reporting individual shall--
              (i) notify his supervising ethics office of such dissolution,
            and

    [[Page 999]]

              (ii) file with such office a copy of a list of the assets of
            the trust at the time of such dissolution and the category of
            value under subsection (d) of this section of each such asset.
      (D) Documents filed under subparagraphs (A), (B), and (C) of this
    paragraph and the lists provided by the trustee of assets placed in the
    trust by an interested party which have been sold shall be made
    available to the public in the same manner as a report is made available
    under section 105 and the provisions of that section shall apply with
    respect to such documents and lists.
      (E) A copy of each written communication with respect to the trust
    under paragraph (3)(C)(vi) shall be filed by the person initiating the
    communication with the reporting individual's supervising ethics office
    within five days of the date of the communication.
      (6)(A) A trustee of a qualified blind trust shall not knowingly and
    willfully, or negligently, (i) disclose any information to an interested
    party with respect to such trust that may not be disclosed under
    paragraph (3) of this subsection; (ii) acquire any holding the ownership
    of which is prohibited by the trust instrument; (iii) solicit advice
    from any interested party with respect to such trust, which solicitation
    is prohibited by paragraph (3) of this subsection or the trust
    agreement; or (iv) fail to file any document required by this
    subsection.
      (B) A reporting individual shall not knowingly and willfully, or
    negligently, (i) solicit or receive any information with respect to a
    qualified blind trust of which he is an interested party that may not be
    disclosed under paragraph (3)(C) of this subsection or (ii) fail to file
    any document required by this subsection.
      (C)(i) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully violates the provisions of subparagraph (A) or
    (B) of this paragraph. The court in which such action is brought may
    assess against such individual a civil penalty in any amount not to
    exceed $10,000.
      (ii) The Attorney General may bring a civil action in any appropriate
    United States district court against any individual who negligently
    violates the provisions of subparagraph (A) or (B) of this paragraph.
    The court in which such action is brought may assess against such
    individual a civil penalty in any amount not to exceed $5,000.
      (7) Any trust may be considered to be a qualified blind trust if--
              (A) the trust instrument is amended to comply with the
            requirements of paragraph (3) or, in the case of a trust
            instrument which does not by its terms permit amendment, the
            trustee, the reporting individual, and any other interested
            party agree in writing that the trust shall be administered in
            accordance with the requirements of this subsection and the
            trustee of such trust meets the requirements of paragraph
            (3)(A); except that in the case of any interested party who is a
            dependent child, a parent or guardian of such child may execute
            the agreement referred to in this subparagraph;

    [[Page 1000]]

              (B) a copy of the trust instrument (except testamentary
            provisions) and a copy of the agreement referred to in
            subparagraph (A), and a list of the assets held by the trust at
            the time of approval by the supervising ethics office, including
            the category of value of each asset as determined under
            subsection (d) of this section, are filed with such office and
            made available to the public as provided under paragraph (5)(D)
            of this subsection; and
              (C) the supervising ethics office determines that approval of
            the trust arrangement as a qualified blind trust is in the
            particular case appropriate to assure compliance with applicable
            laws and regulations.
      (8) A reporting individual shall not be required to report the
    financial interests held by a widely held investment fund (whether such
    fund is a mutual fund, regulated investment company, pension or deferred
    compensation plan, or other investment fund), if--
              (A)(i) the fund is publicly traded; or
              (ii) the assets of the fund are widely diversified; and
              (B) the reporting individual neither exercises control over
            nor has the ability to exercise control over the financial
            interests held by the fund.
      (g) Political campaign funds, including campaign receipts and
    expenditures, need not be included in any report filed pursuant to this
    title.
      (h) A report filed pursuant to subsection (a), (d), or (e) of section
    101 need not contain the information described in subparagraphs (A),
    (B), and (C) of subsection (a)(2) with respect to gifts and
    reimbursements received in a period when the reporting individual was
    not an officer or employee of the Federal Government.
      (i) A reporting individual shall not be required under this title to
    report--
              (1) financial interests in or income derived from--
                      (A) any retirement system under title 5, United States
                    Code (including the Thrift Savings Plan under subchapter
                    III of chapter 84 of such title); or
                      (B) any other retirement system maintained by the
                    United States for officers or employees of the United
                    States, including the President, or for members of the
                    uniformed services; or
              (2) benefits received under the Social Security Act.

                                filing of reports

      Sec. 103. (a) Except as otherwise provided in this section, the
    reports required under this title shall be filed by the reporting
    individual with the designated agency ethics official at the agency by
    which he is employed (or in the case of an individual described in
    section 101(e), was employed) or in which he will serve. The date any
    report is received (and the date of receipt of any supplemental report)
    shall be noted on such report by such official.

    [[Page 1001]]

                                      * * *

      (g) Each supervising Ethics Office shall develop and make available
    forms for reporting the information required by this title.
      (h)(1) The reports required under this title shall be filed by a
    reporting individual with--
              (A)(i)(I) the Clerk of the House of Representatives, in the
            case of a Representative in Congress, a Delegate to Congress,
            the Resident Commissioner from Puerto Rico, an officer or
            employee of the Congress whose compensation is disbursed by the
            Clerk of the House of Representatives, an officer or employee of
            the Architect of the Capitol, United States Capitol Police, the
            United States Botanic Garden, the Congressional Budget Office,
            the Government Publishing Office, the Library of Congress, or
            the Copyright Royalty Tribunal (including any individual
            terminating service, under section 101(e), in any office or
            position referred to in this subclause), or an individual
            described in section 101(c) who is a candidate for nomination or
            election as a Representative in Congress, a Delegate to
            Congress, or the Resident Commissioner from Puerto Rico;

                                      * * *

              (ii) in the case of an officer or employee of the Congress as
            described under section 101(f)(10) who is employed by an agency
            or commission established in the legislative branch after the
            date of the enactment of the Ethics Reform Act of 1989--
                      (I) the Secretary of the Senate or the Clerk of the
                    House of Representatives, as the case may be, as
                    designated in the statute establishing such agency or
                    commission; or
                      (II) if such statute does not designate such
                    committee, the Secretary of the Senate for agencies and
                    commissions established in even numbered calendar years,
                    and the Clerk of the House of Representatives for
                    agencies and commissions established in odd numbered
                    calendar years;

                                      * * *

              (2) The date any report is received (and the date of receipt
            of any supplemental report) shall be noted on such report by
            such committee.
      (i)(1) A copy of each report filed under this title by a Member or an
    individual who is a candidate for the office of Member shall be sent by
    the Clerk of the House of Representatives or Secretary of the Senate, as
    the case may be, to the appropriate State officer designated under
    section 316(a) of the Federal Election Campaign Act of 1971 of the State
    represented by the Member or in which the individual is a candidate, as
    the case may be, within the 30-day period beginning on the day the
    report is filed with the Clerk or Secretary.

    [[Page 1002]]

      (2) The requirements of paragraph (1) do not apply to any report filed
    under this title which is filed electronically and for which there is
    online public access, in accordance with the systems developed by the
    Secretary and Sergeant at Arms of the Senate and the Clerk of the House
    of Representatives under section 8(b) of the Stop Trading on
    Congressional Knowledge Act of 2012.
      (j)(1) A copy of each report filed under this title with the Clerk of
    the House of Representatives shall be sent by the Clerk to the Committee
    on Standards of Official Conduct of the House of Representatives within
    the 7-day period beginning on the day the report is filed.

                                      * * *

      (k) In carrying out their responsibilities under this title with
    respect to candidates for office, the Clerk of the House of
    Representatives and the Secretary of the Senate shall avail themselves
    of the assistance of the Federal Election Commission. The Commission
    shall make available to the Clerk and the Secretary on a regular basis a
    complete list of names and addresses of all candidates registered with
    the Commission, and shall cooperate and coordinate its candidate
    information and notification program with the Clerk and the Secretary to
    the greatest extent possible.
      (l) Not later than 30 days after receiving notification of any
    transaction required to be reported under section 102(a)(5)(B), but in
    no case later than 45 days after such transaction, the following
    persons, if required to file a report under any subsection of section
    101, subject to any waivers and exclusions, shall file a report of the
    transaction:

                                      * * *

              (9) A Member of Congress, as defined under section 109(12).
              (10) An officer or employee of the Congress, as defined under
            section 109(13).

                     failure to file or filing false reports

      Sec. 104. (a)(1) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully falsifies or who knowingly and willfully fails
    to file or report any information that such individual is required to
    report pursuant to section 102. The court in which such action is
    brought may assess against such individual a civil penalty in any
    amount, not to exceed $50,000.
      (2)(A) It shall be unlawful for any person to knowingly and
    willfully--
              (i) falsify any information that such person is required to
            report under section 102; and
              (ii) fail to file or report any information that such person
            is required to report under section 102.
      (B) Any person who--

    [[Page 1003]]

              (i) violates subparagraph (A)(i) shall be fined under title
            18, United States Code, imprisoned for not more than 1 year, or
            both; and
              (ii) violates subparagraph (A)(ii) shall be fined under title
            18, United States Code.
      (b) The head of each agency, each Secretary concerned, the Director of
    the Office of Government Ethics, each congressional ethics committee, or
    the Judicial Conference, as the case may be, shall refer to the Attorney
    General the name of any individual which such official or committee has
    reasonable cause to believe has willfully failed to file a report or has
    willfully falsified or willfully failed to file information required to
    be reported.
      (c) The President, the Vice President, the Secretary concerned, the
    head of each agency, the Office of Personnel Management, a congressional
    ethics committee, and the Judicial Conference of the United States, may
    take any appropriate personnel or other action in accordance with
    applicable law or regulation against any individual failing to file a
    report or falsifying or failing to report information required to be
    reported.
      (d)(1) Any individual who files a report required to be filed under
    this title more than 30 days after the later of--
              (A) the date such report is required to be filed pursuant to
            the provisions of this title and the rules and regulations
            promulgated thereunder; or
              (B) if a filing extension is granted to such individual under
            section 101(g), the last day of the filing extension period,
            shall, at the direction of and pursuant to regulations issued by
            the supervising ethics office, pay a filing fee of $200. All
            such fees shall be deposited in the miscellaneous receipts of
            the Treasury. The authority under this paragraph to direct the
            payment of a filing fee may be delegated by the supervising
            ethics office in the executive branch to other agencies in the
            executive branch.
      (2) The supervising ethics office may waive the filing fee under this
    subsection in extraordinary circumstances.

                     custody of and public access to reports

      Sec. 105. (a) Each agency, each supervising ethics office in the
    executive or judicial branch, the Clerk of the House of Representatives,
    and the Secretary of the Senate shall make available to the public, in
    accordance with subsection (b), each report filed under this title with
    such agency or office or with the Clerk or the Secretary of the Senate.

                                      * * *

      (b)(1) Except as provided in the second sentence of this subsection,
    each agency, each supervising ethics office in the executive or judicial
    branch, the Clerk of the House of Representatives, and the Secretary of
    the Senate shall, within thirty days after any report is received under
    this title by such agency or office or by the Clerk or the Secretary of
    the Senate, as

    [[Page 1004]]

    the case may be, permit inspection of such report by or furnish a copy
    of such report to any person requesting such inspection or copy. With
    respect to any report required to be filed by May 15 of any year, such
    report shall be made available for public inspection within 30 calendar
    days after May 15 of such year or within 30 days of the date of filing
    of such a report for which an extension is granted pursuant to section
    101(g). The agency, office, Clerk, or Secretary of the Senate, as the
    case may be may require a reasonable fee to be paid in any amount which
    is found necessary to recover the cost of reproduction or mailing of
    such report excluding any salary of any employee involved in such
    reproduction or mailing. A copy of such report may be furnished without
    charge or at a reduced charge if it is determined that waiver or
    reduction of the fee is in the public interest.
      (2) Notwithstanding paragraph (1), a report may not be made available
    under this section to any person nor may any copy thereof be provided
    under this section to any person except upon a written application by
    such person stating--
              (A) that person's name, occupation and address;
              (B) the name and address of any other person or organization
            on whose behalf the inspection or copy is requested; and
              (C) that such person is aware of the prohibitions on the
            obtaining or use of the report.

    Any such application shall be made available to the public throughout
    the period during which the report is made available to the public.
      (3)(A) This section does not require the immediate and unconditional
    availability of reports filed by an individual described in section
    109(8) or 109(10) of this Act if a finding is made by the Judicial
    Conference, in consultation with United States Marshals Service, that
    revealing personal and sensitive information could endanger that
    individual.
      (B) A report may be redacted pursuant to this paragraph only--
              (i) to the extent necessary to protect the individual who
            filed the report; and
              (ii) for as long as the danger to such individual exists.
      (C) The Administrative Office of the United States Courts shall submit
    to the Committees on the Judiciary of the House of Representatives and
    of the Senate and the Senate Committee on Homeland Security and
    Governmental Affairs and the House Committee on Oversight and Government
    Reform an annual report with respect to the operation of this paragraph
    including--
              (i) the total number of reports redacted pursuant to this
            paragraph;
              (ii) the total number of individuals whose reports have been
            redacted pursuant to this paragraph; and
              (iii) the types of threats against individuals whose reports
            are redacted, if appropriate.

    [[Page 1005]]

      (D) The Judicial Conference, in consultation with the Department of
    Justice, shall issue regulations setting forth the circumstances under
    which redaction is appropriate under this paragraph and the procedures
    for redaction.
      (E) This paragraph shall expire on December 31, 2017, and apply to
    filings through calendar year 2017.
      (c)(1) It shall be unlawful for any person to obtain or use a report--
              (A) for any unlawful purpose;
              (B) for any commercial purpose, other than by news and
            communications media for dissemination to the general public;
              (C) for determining or establishing the credit rating of any
            individual; or
              (D) for use, directly or indirectly, in the solicitation of
            money for any political, charitable, or other purpose.
      (2) The Attorney General may bring a civil action against any person
    who obtains or uses a report for any purpose prohibited in paragraph (1)
    of this subsection. The court in which such action is brought may assess
    against such person a penalty in any amount not to exceed $10,000. Such
    remedy shall be in addition to any other remedy available under
    statutory or common law.
      (d)(1) Any report filed with or transmitted to an agency or
    supervising ethics office or to the Clerk of the House of
    Representatives or the Secretary of the Senate pursuant to this title
    shall be retained by such agency or office or by the Clerk of the House
    of Representatives or the Secretary of the Senate, as the case may be.
      (2) Such report shall be made available to the public--
              (A) in the case of a Member of Congress until a date that is 6
            years from the date the individual ceases to be a Member of
            Congress; and
              (B) in the case of all other reports filed pursuant to this
            title, for a period of 6 years after receipt of the report.
      (3) After the relevant time period identified under paragraph (2), the
    report shall be destroyed unless needed in an ongoing investigation,
    except that in the case of an individual who filed the report pursuant
    to section 101(b) and was not subsequently confirmed by the Senate, or
    who filed the report pursuant to section 101(c) and was not subsequently
    elected, such reports shall be destroyed 1 year after the individual
    either is no longer under consideration by the Senate or is no longer a
    candidate for nomination or election to the Office of President, Vice
    President, or as a Member of Congress, unless needed in an ongoing
    investigation or inquiry.
      (d) Any report filed with or transmitted to an agency or supervising
    ethics office or to the Clerk of the House of Representatives or the
    Secretary of the Senate pursuant to this title shall be retained by such
    agency or office or by the Clerk or the Secretary of the Senate, as the
    case may be. Such report shall be made available to the public for a
    period of six

    [[Page 1006]]

    years after receipt of the report. After such six-year period the report
    shall be destroyed unless needed in an ongoing investigation, except
    that in the case of an individual who filed the report pursuant to
    section 101(b) and was not subsequently confirmed by the Senate, or who
    filed the report pursuant to section 101(c) and was not subsequently
    elected, such reports shall be destroyed one year after the individual
    either is no longer under consideration by the Senate or is no longer a
    candidate for nomination or election to the Office of President, Vice
    President, or as a Member of Congress, unless needed in an ongoing
    investigation.

                                review of reports

      Sec. 106. (a)(1) Each designated agency ethics official or Secretary
    concerned shall make provisions to ensure that each report filed with
    him under this title is reviewed within sixty days after the date of
    such filing, except that the Director of the Office of Government Ethics
    shall review only those reports required to be transmitted to him under
    this title within sixty days after the date of transmittal.
      (2) Each congressional ethics committee and the Judicial Conference
    shall make provisions to ensure that each report filed under this title
    is reviewed within sixty days after the date of such filing.
      (b)(1) If after reviewing any report under subsection (a), the
    Director of the Office of Government Ethics, the Secretary concerned,
    the designated agency ethics official, a person designated by the
    congressional ethics committee, or a person designated by the Judicial
    Conference, as the case may be, is of the opinion that on the basis of
    information contained in such report the individual submitting such
    report is in compliance with applicable laws and regulations, he shall
    state such opinion on the report, and shall sign such report.
      (2) If the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person designated by
    the congressional ethics committee, or a person designated by the
    Judicial Conference, after reviewing any report under subsection (a)--
              (A) believes additional information is required to be
            submitted, he shall notify the individual submitting such report
            what additional information is required and the time by which it
            must be submitted, or
              (B) is of the opinion, on the basis of information submitted,
            that the individual is not in compliance with applicable laws
            and regulations, he shall notify the individual, afford a
            reasonable opportunity for a written or oral response, and after
            consideration of such response, reach an opinion as to whether
            or not, on the basis of information submitted, the individual is
            in compliance with such laws and regulations.
      (3) If the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person designated by
    a congressional ethics committee, or a person designated by the Judicial

    [[Page 1007]]

    Conference, reaches an opinion under paragraph (2)(B) that an individual
    is not in compliance with applicable laws and regulations, the official
    or committee shall notify the individual of that opinion and, after an
    opportunity for personal consultation (if practicable), determine and
    notify the individual of which steps, if any, would in the opinion of
    such official or committee be appropriate for assuring compliance with
    such laws and regulations and the date by which such steps should be
    taken. Such steps may include, as appropriate--
              (A) divestiture,
              (B) restitution,
              (C) the establishment of a blind trust,
              (D) request for an exemption under section 208(b) of title 18,
            United States Code, or
              (E) voluntary request for transfer, reassignment, limitation
            of duties, or resignation.

    The use of any such steps shall be in accordance with such rules or
    regulations as the supervising ethics office may prescribe.
      (4) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by an
    individual in a position in the executive branch (other than in the
    Foreign Service or the uniformed services), appointment to which
    requires the advice and consent of the Senate, the matter shall be
    referred to the President for appropriate action.
      (5) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by a
    member of the Foreign Service or the uniformed services, the Secretary
    concerned shall take appropriate action.
      (6) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by any
    other officer or employee, the matter shall be referred to the head of
    the appropriate agency, the congressional ethics committee, or the
    Judicial Conference, for appropriate action; except that in the case of
    the Postmaster General or Deputy Postmaster General, the Director of the
    Office of Government Ethics shall recommend to the Governors of the
    Board of Governors of the United States Postal Service the action to be
    taken.
      (7) Each supervising ethics office may render advisory opinions
    interpreting this title within its respective jurisdiction.
    Notwithstanding any other provision of law, the individual to whom a
    public advisory opinion is rendered in accordance with this paragraph,
    and any other individual covered by this title who is involved in a fact
    situation which is indistinguishable in all material aspects, and who
    acts in good faith in accordance with the provisions and findings of
    such advisory opinion shall not, as a result of such act, be subject to
    any penalty or sanction provided by this title.

    [[Page 1008]]

             confidential reports and other additional requirements

      Sec. 107. (a)(1) Each supervising ethics office may require officers
    and employees under its jurisdiction (including special Government
    employees as defined in section 202 of title 18, United States Code) to
    file confidential financial disclosure reports, in such form as the
    supervising ethics office may prescribe. The information required to be
    reported under this subsection by the officers and employees of any
    department or agency shall be set forth in rules or regulations
    prescribed by the supervising ethics office, and may be less extensive
    than otherwise required by this title, or more extensive when determined
    by the supervising ethics office to be necessary and appropriate in
    light of sections 202 through 209 of title 18, United States Code,
    regulations promulgated thereunder, or the authorized activities of such
    officers or employees. Any individual required to file a report pursuant
    to section 101 shall not be required to file a confidential report
    pursuant to this subsection, except with respect to information which is
    more extensive than information otherwise required by this title.
    Subsections (a), (b), and (d) of section 105 shall not apply with
    respect to any such report.
      (2) Any information required to be provided by an individual under
    this subsection shall be confidential and shall not be disclosed to the
    public.
      (3) Nothing in this subsection exempts any individual otherwise
    covered by the requirement to file a public financial disclosure report
    under this title from such requirement.
      (b) The provisions of this title requiring the reporting of
    information shall supersede any general requirement under any other
    provision of law or regulation with respect to the reporting of
    information required for purposes of preventing conflicts of interest or
    apparent conflicts of interest. Such provisions of this title shall not
    supersede the requirements of section 7342 of title 5, United States
    Code.
      (c) Nothing in this Act requiring reporting of information shall be
    deemed to authorize the receipt of income, gifts, or reimbursements; the
    holding of assets, liabilities, or positions; or the participation in
    transactions that are prohibited by law, Executive order, rule, or
    regulation.

                        authority of comptroller general

      Sec. 108. (a) The Comptroller General shall have access to financial
    disclosure reports filed under this title for the purposes of carrying
    out his statutory responsibilities.
      (b) No later than December 31, 1992, and regularly thereafter, the
    Comptroller General shall conduct a study to determine whether the
    provisions of this title are being carried out effectively.

                                   definitions

      Sec. 109. For the purposes of this title, the term--

    [[Page 1009]]

      (1) ``congressional ethics committees'' means the Select Committee on
    Ethics of the Senate and the Committee on Standards of Official Conduct
    of the House of Representatives;
      (2) ``dependent child'' means, when used with respect to any reporting
    individual, any individual who is a son, daughter, stepson, or
    stepdaughter and who--
              (A) is unmarried and under age 21 and is living in the
            household of such reporting individual; or
              (B) is a dependent of such reporting individual within the
            meaning of section 152 of the Internal Revenue Code of 1986;
      (3) ``designated agency ethics official'' means an officer or employee
    who is designated to administer the provisions of this title within an
    agency;

                                      * * *

      (5) ``gift'' means a payment, advance, forbearance, rendering, or
    deposit of money, or any thing of value, unless consideration of equal
    or greater value is received by the donor, but does not include--
              (A) bequest and other forms of inheritance;
              (B) suitable mementos of a function honoring the reporting
            individual;
              (C) food, lodging, transportation, and entertainment provided
            by a foreign government within a foreign country or by the
            United States Government, the District of Columbia, or a State
            or local government or political subdivision thereof;
              (D) food and beverages which are not consumed in connection
            with a gift of overnight lodging;
              (E) communications to the offices of a reporting individual,
            including subscriptions to newspapers and periodicals; or
              (F) consumable products provided by home-State businesses to
            the offices of a reporting individual who is an elected
            official, if those products are intended for consumption by
            persons other than such reporting individual;
      (6) ``honoraria'' has the meaning given such term in section 505 of
    this Act;
      (7) ``income'' means all income from whatever source derived,
    including but not limited to the following items: compensation for
    services, including fees, commissions, and similar items; gross income
    derived from business (and net income if the individual elects to
    include it); gains derived from dealings in property; interest; rents;
    royalties; dividends; annuities; income from life insurance and
    endowment contracts; pensions; income from discharge of indebtedness;
    distributive share of partnership income; and income from an interest in
    an estate or trust;

                                      * * *

      (11) ``legislative branch'' includes--
              (A) the Architect of the Capitol;

    [[Page 1010]]

              (B) the Botanic Gardens;
              (C) the Congressional Budget Office;
              (D) the Government Accountability Office;
              (E) the Government Publishing Office;
              (F) the Library of Congress;
              (G) the United States Capitol Police;
              (H) the Office of Technology Assessment; and
              (I) any other agency, entity, office, or commission
            established in the legislative branch;
      (12) ``Member of Congress'' means a United States Senator, a
    Representative in Congress, a Delegate to Congress, or the Resident
    Commissioner from Puerto Rico;
      (13) ``officer or employee of the Congress'' means--
              (A) any individual described under subparagraph (B), other
            than a Member of Congress or the Vice President, whose
            compensation is disbursed by the Secretary of the Senate or the
            Clerk of the House of Representatives;
              (B)(i) each officer or employee of the legislative branch
            (except any officer or employee of the Government Accountability
            Office) who, for at least 60 days, occupies a position for which
            the rate of basic pay is equal to or greater than 120 percent of
            the minimum rate of basic pay payable for GS-15 of the General
            Schedule;
              (ii) each officer or employee of the Government Accountability
            Office who, for at least 60 consecutive days, occupies a
            position for which the rate of basic pay, minus the amount of
            locality pay that would have been authorized under section 5304
            of title 5, United States Code (had the officer or employee been
            paid under the General Schedule) for the locality within which
            the position of such officer or employee is located (as
            determined by the Comptroller General), is equal to or greater
            than 120 percent of the minimum rate of basic pay payable for
            GS-15 of the General Schedule; and
              (iii) at least one principal assistant designated for purposes
            of this paragraph by each Member who does not have an employee
            who occupies a position for which the rate of basic pay is equal
            to or greater than 120 percent of the minimum rate of basic pay
            payable for GS-15 of the General Schedule;
      (14) ``personal hospitality of any individual'' means hospitality
    extended for a nonbusiness purpose by an individual, not a corporation
    or organization, at the personal residence of that individual or his
    family or on property or facilities owned by that individual or his
    family;
      (15) ``reimbursement'' means any payment or other thing of value
    received by the reporting individual, other than gifts, to cover travel-
    related expenses of such individual other than those which are--
              (A) provided by the United States Government, the District of
            Columbia, or a State or local government or political
            subdivision thereof;

    [[Page 1011]]

              (B) required to be reported by the reporting individual under
            section 7342 of title 5, United States Code; or
              (C) required to be reported under section 304 of the Federal
            Election Campaign Act of 1971 (2 U.S.C. 434);
      (16) ``relative'' means an individual who is related to the reporting
    individual, as father, mother, son, daughter, brother, sister, uncle,
    aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
    wife, grandfather, grandmother, grandson, granddaughter, father-in-law,
    mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
    law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
    stepsister, half brother, half sister, or who is the grandfather or
    grandmother of the spouse of the reporting individual, and shall be
    deemed to include the fiance or fiancee of the reporting individual;

                                      * * *

      (18) ``supervising ethics office'' means--
              (A) the Senate Committee on Ethics of the Senate, for
            Senators, officers and employees of the Senate, and other
            officers or employees of the legislative branch required to file
            financial disclosure reports with the Secretary of the Senate
            pursuant to section 103(h) of this title;
              (B) the Committee on Standards of Official Conduct of the
            House of Representatives, for Members, officers and employees of
            the House of Representatives and other officers or employees of
            the legislative branch required to file financial disclosure
            reports with the Clerk of the House of Representatives pursuant
            to section 103(h) of this title;
              (C) the Judicial Conference for judicial officers and judicial
            employees; and
              (D) the Office of Government Ethics for all executive branch
            officers and employees; and
      (19) ``value'' means a good faith estimate of the dollar value if the
    exact value is neither known nor easily obtainable by the reporting
    individual.

            notice of actions taken to comply with ethics agreements

      Sec. 110. (a) In any case in which an individual agrees with that
    individual's designated agency ethics official, the Office of Government
    Ethics, a Senate confirmation committee, a congressional ethics
    committee, or the Judicial Conference, to take any action to comply with
    this Act or any other law or regulation governing conflicts of interest
    of, or establishing standards of conduct applicable with respect to,
    officers or employees of the Government, that individual shall notify in
    writing the designated agency ethics official, the Office of Government
    Ethics, the appropriate committee of the Senate, the congressional
    ethics committee, or the Judicial Conference, as the case may be, of any
    action taken by the individual pursuant to that agreement. Such
    notification shall be made not later than the date specified in the
    agreement by which action by the individual must

    [[Page 1012]]

    be taken, or not later than three months after the date of the
    agreement, if no date for action is so specified.
      (b) If an agreement described in subsection (a) requires that the
    individual recuse himself or herself from particular categories of
    agency or other official action, the individual shall reduce to writing
    those subjects regarding which the recusal agreement will apply and the
    process by which it will be determined whether the individual must
    recuse himself or herself in a specific instance. An individual shall be
    considered to have complied with the requirements of subsection (a) with
    respect to such recusal agreement if such individual files a copy of the
    document setting forth the information described in the preceding
    sentence with such individual's designated agency ethics official or the
    appropriate supervising ethics office within the time prescribed in the
    last sentence of subsection (a).

                          administration of provisions

      Sec. 111. The provisions of this title shall be administered by * * *

                                      * * *

      (2) the Select Committee on Ethics of the Senate and the Committee on
    Standards of Official Conduct of the House of Representatives, as
    appropriate, with regard to officers and employees described in
    paragraphs (9) and (10) of section 101(f).

                                      * * *

                                   Rule XXVII

           Disclosure by Members and Staff of Employment Negotiations

      1. <> A Member,
    Delegate, or Resident Commissioner shall not directly negotiate or have
    any agreement of future employment or compensation, unless such Member,
    Delegate, or Resident Commissioner, within 3 business days after the
    commencement of such negotiation or agreement of future employment or
    compensation, files with the Committee on Ethics a statement, which must
    be signed by the Member, Delegate, or Resident Commissioner, regarding
    such negotiations or agreement, in

    [[Page 1013]]

    cluding the name of the private entity or entities involved in such
    negotiations or agreement, and the date such negotiations or agreement
    commenced.
      2. An officer or an employee of the House earning in excess of 75
    percent of the salary paid to a Member shall notify the Committee on
    Ethics that such individual is negotiating or has any agreement of
    future employment or compensation.
      3. The disclosure and notification under this rule shall be made
    within 3 business days after the commencement of such negotiation or
    agreement of future employment or compensation.
      4. A Member, Delegate, or Resident Commissioner, and an officer or
    employee to whom this rule applies, shall recuse himself or herself from
    any matter in which there is a conflict of interest or an appearance of
    a conflict for that Member, Delegate, Resident Commissioner, officer, or
    employee under this rule and shall notify the Committee on Ethics of
    such recusal. A Member, Delegate, or Resident Commissioner making such
    recusal shall, upon such recusal, submit to the Clerk for public
    disclosure the statement of disclosure under clause 1 with respect to
    which the recusal was made.

      This rule was added in the 110th Congress by Public Law 110-81 (121
    Stat. 751). In the 111th Congress clause 1 was amended to apply also to
    non-returning Members and a gender-based reference was eliminated (secs.
    2(k), 2(l), H. Res. 5, Jan. 6, 2009, p. 7). This rule was amended in the
    112th Congress to reflect a change in committee name (sec. 2(e)(8), H.
    Res. 5, Jan. 5, 2011, p. 80). See also section 17 of the Stop Trading on
    Congressional Knowledge Act of 2012 (P.L. 112-105).

    [[Page 1014]]

                                   Rule XXVIII

                                   (Reserved.)

      The <> rule
    ``Statutory Limit on Public Debt'' was repealed in the 112th Congress
    (sec. 2(d)(2), H. Res. 5, Jan. 5, 2011, p. 80). For its text and
    history, see Sec. 1104 of the House Rules and Manual for the 111th
    Congress (H. Doc. 110-162).

                                    Rule XXIX

                               general provisions

      1. <> The provisions of law that
    constituted the Rules of the House at the end of the previous Congress
    shall govern the House in all cases to which they are applicable, and
    the rules of parliamentary practice comprised by Jefferson's Manual
    shall govern the House in all cases to which they are applicable and in
    which they are not inconsistent with the Rules and orders of the House.
      2. In these rules words importing one gender include the other as
    well.

      Clause 1 was adopted in 1837 (V, 6757), and amended January 3, 1953,
    p. 24, when it was also renumbered. When the House recodified its rules
    in the 106th Congress, clause 1 was transferred from former rule XLII
    and was modified to reference all provisions of law comprising House
    rules at the end of the previous Congress (a compilation of which is
    included in Sec. Sec. 1127-1130, infra); and clause 2 was added (H. Res.
    5, Jan. 6, 1999, p. 47). This rule was redesignated as rule XXVII in the
    107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24), redesignated
    as rule XXVIII in the 108th Congress (sec. 2(t), H. Res. 5, Jan. 7,
    2003, p. 7), and redesignated as rule XXIX in the 110th Congress (sec.
    301, P.L. 110-81). Clause 2 was amended in the 111th Congress when
    gender-based references throughout the rules were eliminated (sec. 2(l),
    H. Res. 5, Jan. 6, 2009, p. 7). The importance of Jefferson's Manual as
    an authority in congressional procedure has been discussed (VII, 1029,
    1049; VIII, 2501, 2517, 2518, 3330). end segment .013  deg.

    [[Page 1015]]

      3. <> If a measure or matter is publicly available in
    electronic form at a location designated by the Committee on House
    Administration, it shall be considered as having been available to
    Members, Delegates, and the Resident Commissioner for purposes of these
    rules.

      This clause was added in the 112th Congress (sec. 2(c)(2), H. Res. 5,
    Jan. 5, 2011, p. 80). The 112th and 114th Congresses provided a
    transition rule pending the designation by the committee under this
    clause (sec. 3(n), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(o), H. Res. 5,
    Jan. 6, 2015, p. _).

      4. <> Authoritative guidance from the Committee on the Budget
    concerning the impact of a legislative proposition on the levels of new
    budget authority, outlays, direct spending, new entitlement authority
    and revenues may be provided by the chair of the committee.

      This clause was added in the 112th Congress (sec. 2(d)(3), H. Res. 5,
    Jan. 5, 2011, p. 80). This authority elucidates the responsibilities of
    the Committee on the Budget under section 312 of the Congressional
    Budget Act (see Sec. 1127, infra). The 112th Congress authorized the
    chair of the committee to make specified adjustments under this clause
    pending the adoption of a certain budget resolution (sec. 3(h), H. Res.
    5, Jan. 5, 2011, p. 80). segment .014 -- re-org, jt & select,
    offices, early org  deg.

    [[Page 1017]]

    ========================================================================

                         LEGISLATIVE REORGANIZATION ACTS
                           JOINT AND SELECT COMMITTEES
                                  HOUSE OFFICES
                         EARLY ORGANIZATION OF THE HOUSE

    ========================================================================

    [[Page 1019]]

                         LEGISLATIVE REORGANIZATION ACTS

                                   __________

     provisions of the legislative reorganization act of 1946 applicable to
                                   both houses

            section 132 of the legislative reorganization act of 1946

                                 (2 U.S.C. 198)

    Sec. 132. (a) <> Unless
    otherwise provided by the Congress, the two Houses shall--
              (1) adjourn sine die not later than July 31 of each year; or

              (2) in the case of an odd-numbered year, provide, not later
            than July 31 of such year, by concurrent resolution adopted in
            each House by rollcall vote, for the adjournment of the two
            Houses from that Friday in August which occurs at least thirty
            days before the first Monday in September (Labor Day) of such
            year to the second day after Labor Day.

      (b) This section shall not be applicable in any year if on July 31 of
    such year a state of war exists pursuant to a declaration of war by the
    Congress.

      The present form of this section is derived from the Legislative
    Reorganization Act of 1970 (sec. 461; 84 Stat. 1140). Before that
    revision, the 1946 Act (60 Stat. 812) provided for adjournment sine die
    of the two Houses not later than the last day of July each year except
    during time of war or a national emergency proclaimed by the President.
    Presidentially declared emergencies of May 8, 1939, May 27, 1941, and
    December 16, 1950, negated operation of the provision (see Speaker
    Rayburn, Aug. 1, 1949, p. 10486; Aug. 2, 1949, p. 10591; Aug. 4, 1949,
    p. 10778).
      The Committee on Rules has jurisdiction of matters relative to
    recesses and final adjournment of Congress (clause 1(n)(2) of rule X).

      Under <> this
    provision of law, a concurrent resolution providing in an odd-numbered
    year for an adjournment of the two Houses from the first Friday in
    August until the second day after Labor Day or until notified to
    reassemble pursuant to a joint agreement of the Leadership of the two

    [[Page 1020]]

    Houses is called up as privileged, requires a yea and nay vote for
    adoption (July 30, 1973, p. 26657), and is not debatable (July 31, 1991,
    p. 20675); but the House may adjourn by simple motion on July 31 to meet
    on August 1 (July 31, 1991, p. 20677). In even-numbered years, and some
    odd-numbered years, the House has agreed to concurrent resolutions
    waiving the provisions of this law to provide that the two Houses shall
    not adjourn for more than three days or sine die until they have adopted
    a concurrent resolution to that effect (July 25, 1972, p. 25145; July
    24, 1974, p. 25008; July 29, 1982, pp. 18562, 18563; July 30, 1986, p.
    18146; July 29, 1994, p. 18615; July 30, 1999, p. 18763). To obviate the
    necessity to adopt a concurrent resolution waiving the requirement in
    section 132 of Legislative Reorganization Act of 1946, the House has
    included the language ``in consonance with section 132(a)'' in its
    concurrent resolutions providing for an August recess (e.g., July 31,
    1997, p. 17018; July 25, 2003, p. 19752).

            section 141 of the legislative reorganization act of 1946

                                 (2 U.S.C. 145a)

      Sec. 141. The <> Librarian of the Library of Congress is authorized and
    directed to have bound at the end of each session of Congress the
    printed hearings of testimony taken by each committee of the Congress at
    the preceding session.

      This provision became effective on August 2, 1946.

    [[Page 1021]]

                           JOINT AND SELECT COMMITTEES

                                   __________

                                Joint Committees

      The Joint <> Economic
    Committee is composed of 10 Members of the Senate and 10 Members of the
    House, who are appointed by the President of the Senate and the Speaker,
    respectively. Each appoints six Members from the majority and four from
    the minority (15 U.S.C. 1024(a)). The committee conducts a continuing
    study of matters relating to the Economic Report made by the President
    and studies means of promoting the national policy on employment as
    outlined in the Employment Act of 1946 (15 U.S.C. 1021). The committee
    is required to file, not later than March 1 of each year, a report with
    the Senate and the House containing its findings and recommendations on
    each of the main recommendations made by the President in the Economic
    Report. It is authorized to hold hearings and make other reports to the
    Congress and to issue a monthly publication on economic conditions (15
    U.S.C. 1024, 1025). The Full Employment and Balanced Growth Act of 1978
    (sec. 302, P.L. 95-523) requires the joint committee to review and
    analyze the short-term and medium-term goals set forth in the Economic
    Report and to hold hearings on the report. Within 30 days after receipt
    of the report by the Congress, standing committees with legislative
    jurisdiction and joint committees may submit reports to the joint
    committee with views and recommendations on matters within their
    jurisdiction. On or before each March 15, a majority of the members of
    the joint committee are required to submit a report to the Senate and
    House Committees on the Budget, including findings, recommendations, and
    appropriate analyses with respect to each of the short-term and medium-
    term goals set forth in the Economic Report.

      The Joint <> Committee
    on Taxation is composed of five Members of the Senate and five Members
    of the House. The House Members, three from the majority and two from
    the minority, are chosen by the Committee on Ways and Means from the
    membership of that committee. The joint committee investigates the
    operation and effects of the Federal system of internal revenue
    taxation. It is authorized to hold hearings at times and places it deems
    advisable, has subpoena power, and reports to the Committee on Ways and
    Means, and, in its discretion, directly to the House (26 U.S.C. 8001-
    8023).

    [[Page 1022]]

      The Joint <> Committee of Congress on the Library is composed of five
    Members of the Senate (the chair and four members of the Committee on
    Rules and Administration) and five Members of the House. House
    membership consists of the chair and four members of the Committee on
    House Administration (2 U.S.C. 132b). The chair of the Subcommittee on
    the Legislative Branch of the Committee on Appropriations of the House
    also serves as a member (sec. 1(a)(4), P.L. 106-554).

      The Joint <> Committee
    on Printing is composed of five Members of the Senate (the chair and
    four members of the Committee on Rules and Administration) and five
    Members of the House (the chair and four members of the Committee on
    House Administration) (44 U.S.C. 101). The committee adopts and employs
    measures necessary to remedy inefficiencies or waste in the public
    printing and binding and the distribution of Government publications. It
    has control of the arrangement and style of the Congressional Record (44
    U.S.C. 901-910). The joint committee is directed to provide for printing
    in the Record the legislative program for the day, together with a list
    of congressional committee meetings and hearings and the place of
    meeting and subject matter; and to cause a brief resume of congressional
    activities for the previous day to be incorporated in the Record,
    together with an index of its contents. Such data is prepared under the
    supervision of the Secretary of the Senate and the Clerk of the House.

      The <> Joint Congressional Committee on Inaugural Ceremonies is
    established by concurrent resolution in the second session of the
    Congress preceding a Presidential inauguration and is reestablished at
    the beginning of the next Congress. It is composed of three Members of
    the House and three Senators. The three House Members are appointed by
    the Speaker and are traditionally the Speaker, the Majority Leader, and
    the Minority Leader. The committee is authorized to make the necessary
    arrangements for the inauguration of the President-elect and Vice
    President-elect. (see, e.g., S. Con. Res. 35, 112th Cong., Mar. 5, 2012,
    p. _; S. Con. Res. 2, 113th Cong., Jan. 3, 2013, p. _).
      For <> a history of joint
    committees with the Senate, see House Practice, ch. 11, Sec. 14.

                                Select Committees

      The <> Permanent Select Committee on
    Intelligence is reestablished by the adoption of clause 11 of rule X
    each Congress.

    [[Page 1023]]

      In <> the 113th and 114th Congresses the
    House established the Select Committee on the Events Surrounding the
    2012 Terrorist Attack in Benghazi. The select committee had no
    legislative jurisdiction and was authorized to report its findings to
    the House (H. Res. 567, May 8, 2014, p. _; sec. 4(a), H. Res. 5, Jan. 6,
    2015, p. _).

      For <> a history of
    select committees in the House, see House Practice, ch. 11,
    Sec. Sec. 12, 13. For a discussion of the former Select Committees on
    Ethics, see Sec. 738, supra; and for a discussion of the two former
    Select Committees on Homeland Security, see Sec. 723b, supra.

    [[Page 1025]]

                         HOUSE AND CONGRESSIONAL OFFICES

                                   __________

      Members may <> send through the mails, under their frank, certain
    documents and materials as provided by 39 U.S.C. 3210, subject to the
    limitations prescribed in rule XXIV, supra. The House Commission on
    Congressional Mailing Standards, composed of six Members, provides
    advice in connection with franking privileges (sec. 5, P.L. 93-191).

      Rooms in the <> House Office Buildings are assigned pursuant to the Act of
    May 28, 1908 (2 U.S.C. 2004-2011) and pursuant to regulations of the
    House Office Building Commission (see regulations promulgated Oct. 7,
    1996). The commission also issues regulations governing the House Office
    Buildings, House garages, and the Capitol Power Plant (see regulations
    promulgated December, 1995). The commission is composed of the Speaker
    and two Members of the House (traditionally the Majority and Minority
    Leaders) (2 U.S.C. 2001).

      The preparation, <> utilization, and distribution (to committees and Members) of
    reports by the Government Accountability Office, and its authority to
    assign its employees to duty with congressional committees, are
    regulated by the Legislative Reorganization Act of 1970, Sec. Sec. 231-
    236 (84 Stat. 1140; 31 U.S.C. 711-720). This office was formerly known
    as the General Accounting Office (31 U.S.C. 702 note).

      The Office <> of Compliance
    was established by the Congressional Accountability Act of 1995 (2
    U.S.C. 1381). The office is composed of five individuals appointed
    jointly by the Speaker, the Majority Leader of the Senate, and the
    Minority Leaders of the House and the Senate. The office has regulatory,
    enforcement, and educational responsibilities under the Act. The office
    replaced the Review Panel of the Office of Fair Employment Practices at
    the beginning of the 105th Congress (see Sec. 1101, supra). However, the
    review panel was reconstituted in the same form as at the end of the
    104th Congress to provide for the completion of ongoing proceedings in
    the 105th Congress (Feb. 25, 1997, p. 2439).

    [[Page 1026]]

      The organization <> of the Congressional Research Service of the Library of
    Congress and its responsibilities to assist Members and committees were
    provided in the Legislative Reorganization Acts of 1946 and 1970 (60
    Stat. 836; 84 Stat. 1140; 2 U.S.C. 166).

      The Office of <> the
    Legislative Counsel of the House of Representatives evolved from a
    Legislative Drafting Service established for the Congress by the Act of
    February 24, 1919 (40 Stat. 1057, 1141). The provisions of law setting
    forth the purpose and functions of the current office and providing for
    its administration are contained in title V of the Legislative
    Reorganization Act of 1970 (P.L. 91-510; 2 U.S.C. 281) as amended by the
    Legislative Branch Appropriations Act, 1972 (P.L. 92-51). As stated in
    section 502 of such title V, the purpose of the office is to advise and
    assist the House, and its committees and Members, in the achievement of
    a clear, faithful, and coherent expression of legislative policies.

      The Congressional <> Budget Office was established by the Congressional Budget Act
    of 1974 (2 U.S.C. 601). The office is headed by a director, who is
    appointed by the Speaker and the President pro tempore. Section 202 of
    the Act (2 U.S.C. 602) outlines the functions of the office, which
    include providing assistance to the House and Senate Committees on the
    Budget and Appropriations and the Senate Committee on Finance in the
    discharge of matters within their jurisdiction and to other committees
    to assist them in complying with the provisions of the Act.

      The Office <> of the Law
    Revision Counsel, to develop a codification of the laws of the United
    States, was authorized in the 93d Congress by the Committee Reform
    Amendments of 1974 (sec. 205, H. Res. 988, Oct. 8, 1974, p. 34470, made
    permanent law by P.L. 93-544 (2 U.S.C. 285)).

      The Office <> of Technology
    Assessment, to assist the Congress in indicating the beneficial and
    adverse impacts of the application of technology, was authorized by the
    Technology Assessment Act of 1971 (2 U.S.C. 472). The office received
    funding for 1996 to conduct an orderly shutdown (tit. I, P.L. 104-53)
    and has not received funding since then.

      A Parliamentarian <> has been appointed by the Speaker in every Congress
    since 1927. Before 1927 the ``Clerk at the Speaker's Table'' performed
    the function of the Parliamentarian. In the 95th Congress the House
    formally and permanently established an Office of the Parliamentarian to
    be managed, supervised, and administered by a nonpartisan
    Parliamentarian appointed by the Speaker (H. Res. 502, Apr. 20, 1977, p.
    11415, made permanent law by sec. 115 of P.L. 95-94; see 2 U.S.C. 287).
    The compilation and preparation of the precedents of the House of
    Representatives were authorized

    [[Page 1027]]

    in the 93d Congress by the Committee Reform Amendments of 1974 (sec.
    208, H. Res. 988, Oct. 8, 1974, p. 34470, made permanent law by P.L. 93-
    554, 2 U.S.C. 28a), and the printing and distribution of the precedents
    were authorized by Public Law 94-551 (2 U.S.C. 28b-e). See also 2 U.S.C.
    28, 29.

      In the 104th <> Congress
    the House established an office to assist the Speaker in the management
    of legislative activity on the floor (sec. 223(b), H. Res. 6, 104th
    Cong., Jan. 4, 1995, p. 469, enacted into law by the Legislative Branch
    Appropriations Act, 1996 (sec. 103, P.L. 104-53; 2 U.S.C. 5123)).

      This office <> is responsible for responding to inquiries from, and
    coordinating visits with, foreign legislative bodies; providing
    assistance to delegations of Members on official visits to foreign
    nations; coordinating the activities and responsibilities of the House
    in connection with participation in various interparliamentary exchanges
    and organizations; and enabling the House to host meetings with senior
    government officials and other dignitaries in order to discuss matters
    relevant to United States relations with other nations (2 U.S.C. 5582).

      The House <> Recording
    Studio was established by the Legislative Branch Appropriations Act,
    1957 (2 U.S.C. 4131) and provides Members with audio and video recording
    services. The studio is under the direction and control of the Committee
    on the House Recording Studio, which consists of three Members appointed
    by the Speaker (2 U.S.C. 4131(c)).

      The United <> States Capitol Preservation Commission was established in
    1988 (2 U.S.C. 2081) to provide improvements in, preservation of, and
    acquisitions for the Capitol and to provide works of fine art and other
    property for display in the Capitol. In the 106th Congress the
    Commission was given responsibility for the planning, engineering,
    design, and construction of the Capitol Visitor Center (sec. 310,
    Legislative Branch Appropriations Act, 2000). Membership on the
    Commission consists of the Speaker, the President pro tempore (co-
    chairs), the chair and vice chair of the Joint Committee on the Library,
    the chairs and ranking minority members of the Committee on Rules and
    Administration and the Committee on House Administration, the Majority
    and Minority Leaders of the House and Senate, three Members of the
    Senate, and three Members of the House.

      The Office <> of General
    Counsel, established by clause 8 of rule II, is authorized by law to
    appear in any proceeding before a State or Federal court (except the
    United States Supreme Court) without compliance with admission
    requirements of such court (2 U.S.C. 5571(a)). Furthermore, the law
    requires the Attorney General to notify the General Counsel of various
    decisions and policies (2 U.S.C. 5571(b)).

    [[Page 1028]]

      This office <> , responsible for mitigation and
    preparedness operations, crisis management and response, resource
    services, and recovery operations (sec. 905, P.L. 107-117), was
    established in the 107th Congress and abolished in the 112th Congress,
    when its functions were transferred to the Sergeant-at-Arms (sec. 105,
    P.L. 112-74).

      This office <> was
    established in the 70th Congress when the House requested the Secretary
    of the Navy to detail a medical officer to be in attendance at the Hall
    of the House during sessions of the House (H. Res. 253, Dec. 5, 1928, p.
    101). Currently, the office provides primary care and emergency,
    environmental, and occupational health services in direct support of
    Members of Congress and the Supreme Court, staff, visiting dignitaries,
    and tourists (Office of Attending Physician in the U.S. Congress, CRS,
    Dec. 12, 2001).

      This office <> , which dates from 1793, operates and maintains the buildings
    and grounds of the Capitol complex. For further information on the
    office, see Architect of the Capitol: Appointment Process and Current
    Legislation, CRS, June 4, 2010. Section 6701 of Public Law 110-28
    established within the office a Chief Executive Officer for Visitor
    Services with responsibility for the operation and management of the
    Capitol Visitor Center.

      Established <> for the
    109th (H. Res. 135, Mar. 14, 2005, p. 4527), 110th (H. Res. 24, Jan. 30,
    2007, p. 2626), 111th (sec. 4(b), H. Res. 5, Jan. 6, 2009, p. 9), 112th
    (which first changed its name from the House Democracy Assistance
    Commission) (sec. 4(a), H. Res. 5, Jan. 5, 2011, p. 80), 113th (sec.
    4(b), H. Res. 5, Jan. 3, 2013, p. _), and 114th Congresses (sec. 4(b),
    H. Res. 5, Jan. 6, 2015, p. _), the partnership provides advice and
    consultation to selected countries. The partnership consists of 20
    Members appointed by the Speaker and Minority Leader.

      Established <> for the 110th Congress (H. Res. 1451, Sept. 24, 2008, p.
    20250), and the 111th through 114th Congresses with modifications to its
    authority (sec. 4(c), H. Res. 5, Jan. 6, 2009, p. 9; sec. 4(b), H. Res.
    5, Jan. 5, 2011, p. 80; sec. 4(c), H. Res. 5, Jan. 3, 2013, p. _; sec.
    4(c), H. Res. 5, Jan. 6, 2015, p. _), the commission promotes
    internationally recognized human rights. Any Member may join the
    commission, which is led by co-chairs appointed by the Speaker and
    Minority Leader, respectively.

      Established <> for
    the 110th Congress (H. Res. 895, Mar. 11, 2008, p. 3741), the 111th and
    112th Congresses with a modification of its authority to engage
    consultants (sec. 4(d), H. Res. 5, Jan. 6, 2009, p. 9; sec. 4(c), H.
    Res. 5, Jan. 5, 2011, p. 80), the 113th Congress with a further
    modification to the term limits of the governing board (sec. 4(d), H.
    Res. 5, Jan. 3, 2013, p. _), and the 114th Congress with further
    modifications regarding representation by

    [[Page 1029]]

    counsel and prohibiting any action that would deny any person a
    constitutional right (sec. 4(d), H. Res. 5, Jan. 6, 2015, p. _), the
    office investigates ``self-initiated'' alleged ethics violations and
    reports its recommendations to the Committee on Ethics.

    [[Page 1031]]

                         EARLY ORGANIZATION OF THE HOUSE

                                   __________

                                 [2 U.S.C. 29a]

      (a) Caucus or conference for incumbent Members reelected to and
    Members-elect of ensuing Congress; time and procedure for calling
      (1) The <> majority leader or
    minority leader of the House of Representatives after consultation with
    the Speaker may at any time during any even-numbered year call a caucus
    or conference of all incumbent Members of his or her political party who
    have been reelected to the ensuing Congress and all other Members-elect
    of such party, for the purpose of taking all steps necessary to achieve
    the prompt organization of the Members and Members-elect of such party
    for the ensuing Congress.
      (2) If the majority leader or minority leader calls an organizational
    caucus or conference under paragraph (1), he or she shall file with the
    Clerk of the House a written notice designating the date upon which the
    caucus or conference is to convene. As soon as possible after the
    election of Members to the ensuing Congress, the Clerk shall furnish
    each Member-elect of the party involved with appropriate written
    notification of the caucus or conference.
      (3) If a vacancy occurs in the office of majority leader or minority
    leader during any even-numbered year (and has not been filled), the
    chairman of the caucus or conference of the party involved for the
    current Congress may call an organizational caucus or conference under
    paragraph (1) by filing written notice thereof as provided by paragraph
    (2).

      (b) Payment and reimbursement for travel and per diem expenses for
    Members attending caucus or conference; exceptions; regulations
    governing payments and reimbursements; reimbursement vouchers
      (1)(A) Each Member-elect (other than an incumbent Member reelected to
    the ensuing Congress) who attends a caucus or conference called under
    subsection (a) of this

    [[Page 1032]]

    section, and each incumbent Member reelected to the ensuing Congress who
    attends any such caucus or conference convening after the adjournment
    sine die of the Congress in the year involved, shall be paid for one
    round trip between his or her place of residence in the district which
    he or she represents and Washington, District of Columbia, for the
    purpose of attending such caucus or conference. Payment shall be made
    through the issuance of a transportation request form to each such
    Member-elect or incumbent Member by the Finance Office of the House
    before such caucus or conference.
      (B) Each Member-elect (other than an incumbent Member reelected to the
    ensuing Congress) who attends a caucus or conference called under
    subsection (a) of this section shall in addition be reimbursed on a per
    diem or other basis for expenses incurred in connection with his or her
    attendance at such caucus or conference.
      (2) Payments and reimbursements to Members-elect under paragraph (1)
    shall be made as provided (with respect to Members) in the regulations
    prescribed by the Committee on House Administration with respect to
    travel and other expenses of committees and Members. Reimbursements
    shall be paid on special voucher forms prescribed by the Committee on
    House Administration.

      (c) Availability of applicable accounts of House
      The applicable accounts of the House of Representatives are made
    available to carry out the purposes of this section.

      (d) Orientation programs for new Members
      With the approval of the majority leader (in the case of a Member or
    Member-elect of the majority party) or the minority leader (in the case
    of a Member or Member-elect of the minority party), subsections (b) and
    (c) of this section shall apply with respect to the attendance of a
    Member or Member-elect at a program conducted by the Committee on House
    Administration for the orientation of new Members in the same manner as
    such provisions apply to the attendance of the Member or Member-elect at
    the organizational caucus or conference.

      These provisions were originated by a resolution of the 93d Congress
    (sec. 202, H. Res. 988, Oct. 8, 1974), which was enacted into permanent
    law (effective Jan. 2, 1975) shortly thereafter (P.L. 93-554, Dec. 27,
    1974, 88 Stat. 1777). Amendments were effected in the 104th Congress
    (sec. 202, P.L. 104-186, Aug. 20, 1996, 110 Stat. 1725), when the House
    renamed the committee concerned and converted references to its
    ``contingent fund''

    [[Page 1033]]

    to ``applicable accounts of the House.'' Further amendments were
    effected at the end of the 108th Congress (to apply beginning in the One
    Hundred Tenth Congress) to permit organizational activity to be
    scheduled for any period after the general election and before the onset
    of the new Congress and to include orientation programs (sec. 107, div.
    G, P.L. 108-447, Dec. 8, 2004, 118 Stat. 3176).
      Under the former form of the statute, contemplating organizational
    activity in the month of December, the House occasionally adopted
    resolutions allowing earlier convening of an organizational caucus or
    conference (e.g., H. Res. 666, 106th Cong., Nov. 3, 2000, p. 25993; H.
    Res. 590, 107th Cong., Oct. 16, 2002, p. 20812; H. Res. 824, 108th
    Cong., Oct. 6, 2004, pp. 21212, 21213).

                                 [2 U.S.C. 5343]

      Staff expenses for House Members attending organizational caucus or
    conference
      (a) In general
      Each Member-elect (other than an incumbent Member reelected to the
    ensuing Congress) who attends a caucus or conference called under
    section 29a(a) of this title, and each incumbent Member reelected to the
    ensuing Congress who attends any such caucus or conference convening
    after the adjournment sine die of the Congress in the year involved,
    shall be entitled to designate one staff person to be paid for one round
    trip between that person's place of residence, provided such place of
    residence is in the district which the Member-elect or incumbent Member
    represents, and Washington, District of Columbia, for the purpose of
    accompanying that Member-elect or incumbent Member to such caucus or
    conference.

      (b) Per diem expenses of staff person
      Each Member-elect (other than an incumbent Member reelected to the
    ensuing Congress) who attends a caucus or conference called under such
    section 29a(a) of this title shall be entitled to designate one staff
    person who shall in addition be reimbursed on a per diem or other basis
    for expenses incurred in accompanying the Member-elect at the time of
    such caucus or conference.

      (c) Orientation programs for new Members
      With the approval of the majority leader (in the case of a Member or
    Member-elect of the majority party) or the minority leader (in the case
    of a Member or Member-elect of the minority party), subsections (a) and
    (b) of this section shall apply with respect to the attendance of a
    Member or Member-elect at a program conducted by the Com

    [[Page 1034]]

    mittee on House Administration for the orientation of new Members in the
    same manner as such provisions apply to the attendance of the Member or
    Member-elect at the organizational caucus or conference.

      These provisions were originated by a resolution of the 94th Congress
    (H. Res. 10, Jan. 14, 1975), which was then enacted into permanent law
    (sec. 201, P.L. 94-59, July 25, 1975, 89 Stat. 282). Amendments were
    effected at the end of the 108th Congress (to apply with respect to the
    One Hundred Tenth Congress and each succeeding Congress) to conform to
    the permissible scheduling of organizational activity for any period
    after the general election and before the onset of the new Congress and
    to include orientation programs (sec. 107, div. G, P.L. 108-447, Dec. 8,
    2004, 118 Stat. 3176).

                                 [2 U.S.C. 5344]

      Payments and reimbursements for certain House staff expenses
      (a) Payments and reimbursements to staff persons under section 5343 of
    this title shall be made as provided (with respect to staff) in the
    regulations prescribed by the Committee on House Administration with
    respect to travel and other expenses of staff. Reimbursements shall be
    paid on special voucher forms prescribed by the Committee on House
    Administration.

      (b) Additional funds, if any, for staff allowances and office space
    for use by Members-elect (other than an incumbent Member reelected to
    the ensuing Congress) shall be authorized by the Committee on House
    Administration.

      These provisions were originated by a resolution of the 94th Congress
    (H. Res. 10, Jan. 14, 1975), which was then enacted into permanent law
    (sec. 201, P.L. 94-59, July 25, 1975, 89 Stat. 282). Amendments were
    effected in the 104th Congress (sec. 202, P.L. 104-186, Aug. 20, 1996,
    110 Stat. 1725), when the House renamed the committee concerned as the
    Committee on House Oversight. (The committee has since been returned to
    its earlier name). end segment .014  deg. segment .015
    -- budget  deg.

    [[Page 1035]]

    ========================================================================

                            CONGRESSIONAL BUDGET ACT

                             BUDGET ENFORCEMENT ACT

                           STATUTORY PAY-AS-YOU-GO ACT

    ========================================================================

    [[Page 1037]]

                                                                   Sec. 1127

                            CONGRESSIONAL BUDGET ACT

                                   __________

    excerpts relating to legislative procedure from the congressional budget
                       act of 1974 (2 U.S.C. 601 et seq.)

                             declaration of purposes

      Sec. 2. The Congress declares that it is essential--
              (1) to <> assure effective congressional
            control over the budgetary process;
              (2) to provide for the congressional determination each year
            of the appropriate level of Federal revenues and expenditures;
              (3) to provide a system of impoundment control;
              (4) to establish national budget priorities; and
              (5) to provide for the furnishing of information by the
            executive branch in a manner that will assist the Congress in
            discharging its duties.

                                   definitions

      Sec. 3. In General.--For purposes of this Act--
      (1) The terms ``budget outlays'' and ``outlays'' mean, with respect to
    any fiscal year, expenditures and net lending of funds under budget
    authority during such year.
      (2) Budget authority and new budget authority.--
              (A) In general.--The term ``budget authority'' means the
            authority provided by Federal law to incur financial
            obligations, as follows:
                      (i) provisions of law that make funds available for
                    obligation and expenditure (other than borrowing
                    authority), including the authority to obligate and
                    expend the proceeds of offsetting receipts and
                    collections;
                      (ii) borrowing authority, which means authority
                    granted to a Federal entity to borrow and obligate and
                    expend the borrowed funds, including through the
                    issuance of promissory notes or other monetary credits;

    [[Page 1038]]

                      (iii) contract authority, which means the making of
                    funds available for obligation but not for expenditure;
                    and
                      (iv) offsetting receipts and collections as negative
                    budget authority, and the reduction thereof as positive
                    budget authority.
              (B) Limitations on budget authority.--With respect to the
            Federal Hospital Insurance Trust Fund, the Supplementary Medical
            Insurance Trust Fund, the Unemployment Trust Fund, and the
            railroad retirement account, any amount that is precluded from
            obligation in a fiscal year by a provision of law (such as a
            limitation or a benefit formula) shall not be budget authority
            in that year.
              (C) New budget authority.--The term ``new budget authority''
            means, with respect to a fiscal year--
                      (i) budget authority that first becomes available for
                    obligation in that year, including budget authority that
                    becomes available in that year as a result of a
                    reappropriation; or
                      (ii) a change in any account in the availability of
                    unobligated balances of budget authority carried over
                    from a prior year, resulting from a provision of law
                    first effective in that year;
            and includes a change in the estimated level of new budget
            authority provided in indefinite amounts by existing law.
      (3) The term ``tax expenditures'' means those revenue losses
    attributable to provisions of the Federal tax laws which allow a special
    exclusion, exemption, or deduction from gross income or which provide a
    special credit, a preferential rate of tax, or a deferral of tax
    liability, and the term ``tax expenditures budget'' means an enumeration
    of such tax expenditures.
      (4) The term ``concurrent resolution on the budget'' means--
              (A) a concurrent resolution setting forth the congressional
            budget for the United States Government for a fiscal year as
            provided in section 301; and
              (B) any other concurrent resolution revising the congressional
            budget for the United States Government for a fiscal year as
            described in section 304.
      (5) The term ``appropriation Act'' means an Act referred to in section
    105 of title 1, United States Code.

    [[Page 1039]]

      (6) The term ``deficit'' means, with respect to a fiscal year, the
    amount by which outlays exceeds receipts during that year.
      (7) The term ``surplus'' means, with respect to a fiscal year, the
    amount by which receipts exceeds outlays during that year.
      (8) The term ``government-sponsored enterprise'' means a corporate
    entity created by a law of the United States that--
              (A)(i) has a Federal charter authorized by law;
              (ii) is privately owned, as evidenced by capital stock owned
            by private entities or individuals;
              (iii) is under the direction of a board of directors, a
            majority of which is elected by private owners;
              (iv) is a financial institution with power to--
                      (I) make loans or loan guarantees for limited purposes
                    such as to provide credit for specific borrowers or one
                    sector; and
                      (II) raise funds by borrowing (which does not carry
                    the full faith and credit of the Federal Government) or
                    to guarantee the debt of others in unlimited amounts;
                    and
              (B)(i) does not exercise powers that are reserved to the
            Government as sovereign (such as the power to tax or to regulate
            interstate commerce);
              (ii) does not have the power to commit the Government
            financially (but it may be a recipient of a loan guarantee
            commitment made by the Government); and
              (iii) has employees whose salaries and expenses are paid by
            the enterprise and are not Federal employees subject to title 5
            of the United States Code.
      (9) The term ``entitlement authority'' means--
              (A) the authority to make payments (including loans and
            grants), the budget authority for which is not provided for in
            advance by appropriation Acts, to any person or government if,
            under the provisions of the law containing that authority, the
            United States is obligated to make such payments to persons or
            governments who meet the requirements established by that law;
            and
              (B) the food stamp program.
      (10) The term ``credit authority'' means authority to incur direct
    loan obligations or to incur primary loan guarantee commitments.

    [[Page 1040]]

      (11) The terms ``emergency'' and ``unanticipated'' have the meanings
    given to such terms in section 250(c) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) modified
    paragraphs (2) and (6) of this section and added paragraphs (7) and (8).
    Two separate sections of the 1990 Act amended paragraph (2): section
    13201 added a new sentence at the end of the paragraph; section 13211
    rewrote the paragraph entirely, effective for fiscal years after 1991.
    The text depicted here attempts to harmonize the two; but see 2 U.S.C.
    622(2). The Balanced Budget and Emergency Deficit Control Act of 1985
    (tit. II of P.L. 99-177) added paragraphs (9) and (10). The Budget
    Enforcement Act of 1997 (sec. 10101 of P.L. 105-33) amended the
    definition of ``entitlement authority'' in paragraph (9) in conjunction
    with amendments to section 401. The Budget Control Act of 2011 (sec. 105
    of P.L. 112-25) added paragraph (11).
      Amounts of liquidating cash provided in the annual bill making
    appropriations for the Department of Transportation are not new budget
    authority within the meaning of this section, but are merely funds to
    liquidate contractual obligations previously incurred pursuant to new
    discretionary contract authority previously reported from and scored
    against allocations to the Committee on Public Works and Transportation
    (now Transportation and Infrastructure) as the authority to enter into
    obligations that will result in immediate or future outlays (July 30,
    1986, p. 18154).
    * * * * *

                     TITLE III--CONGRESSIONAL BUDGET PROCESS

                                    timetable

      Sec. 300. The timetable with respect to the congressional budget
    process for any fiscal year is as follows:

                     On or before:                   Action to be completed:

    First Monday in February......................  President submits his
                                                     budget.
    February 15...................................  Congressional Budget
                                                     Office submits report
                                                     to Budget Committees.
    Not later than 6 weeks after President submits  Committees submit views
     budget.                                         and estimates to Budget
                                                     Committees.
    April 1.......................................  Senate Budget Committee
                                                     reports concurrent
                                                     resolution on the
                                                     budget.
    April 15......................................  Congress completes
                                                     action on concurrent
                                                     resolution on the
                                                     budget.

    [[Page 1041]]

    May 15........................................  Annual appropriation
                                                     bills may be considered
                                                     in the House.
    June 10.......................................  House Appropriations
                                                     Committee reports last
                                                     annual appropriation
                                                     bill.
    June 15.......................................  Congress completes
                                                     action on
                                                     reconciliation
                                                     legislation.
    June 30.......................................  House completes action
                                                     on annual appropriation
                                                     bills.
    October 1.....................................  Fiscal year begins.

      The date for committees' submissions of views and estimates was
    amended by the Budget Enforcement Act of 1997 (sec. 10104, P.L. 105-33).

             annual adoption of concurrent resolution on the budget

      Sec. 301. (a) Content of Concurrent Resolution on the Budget.--On or
    before April 15 of each year, the Congress shall complete action on a
    concurrent resolution on the budget for the fiscal year beginning on
    October 1 of such year. The concurrent resolution shall set forth
    appropriate levels for the fiscal year beginning on October 1 of such
    year and for at least each of the 4 ensuing fiscal years for the
    following--
              (1) totals of new budget authority and outlays;
              (2) total Federal revenues and the amount, if any, by which
            the aggregate level of Federal revenues should be increased or
            decreased by bills and resolutions to be reported by the
            appropriate committees;
              (3) the surplus or deficit in the budget;
              (4) new budget authority and outlays for each major functional
            category, based on allocations of the total levels set forth
            pursuant to paragraph (1);
              (5) the public debt;
              (6) for purposes of Senate enforcement under this title,
            outlays of the old-age, survivors, and disability insurance
            program established under title II of the Social Security Act
            for the fiscal year of the resolution and for each of the 4
            succeeding fiscal years; and
              (7) for purposes of Senate enforcement under this title,
            revenues of the old-age, survivors, and disability insurance
            program established under title II of the Social Security Act
            (and the related provisions of the Internal Revenue Code of
            1986) for the fiscal year of

    [[Page 1042]]

            the resolution and for each of the 4 succeeding fiscal years.
    The concurrent resolution shall not include the outlays and revenue
    totals of the old-age, survivors, and disability insurance program
    established under title II of the Social Security Act or the related
    provisions of the Internal Revenue Code of 1986 in the surplus or
    deficit totals required by this subsection or in any other surplus or
    deficit totals required by this title.

      (b) Additional Matters in Concurrent Resolution.--The concurrent
    resolution on the budget may--
              (1) set forth, if required by subsection (f), the calendar
            year in which, in the opinion of the Congress, the goals for
            reducing unemployment set forth in section 4(b) of the
            Employment Act of 1946 should be achieved;
              (2) include reconciliation directives described in section
            310;
              (3) require a procedure under which all or certain bills or
            resolutions providing new budget authority or new entitlement
            authority for such fiscal year shall not be enrolled until the
            Congress has completed action on any reconciliation bill or
            reconciliation resolution or both required by such concurrent
            resolution to be reported in accordance with section 310(b);
              (4) set forth such other matters, and require such other
            procedures, relating to the budget, as may be appropriate to
            carry out the purposes of this Act;
              (5) include a heading entitled ``Debt Increase as Measure of
            Deficit'' in which the concurrent resolution shall set forth the
            amounts by which the debt subject to limit (in section 3101 of
            title 31 of the United States Code) has increased or would
            increase in each of the relevant fiscal years;
              (6) include a heading entitled ``Display of Federal Retirement
            Trust Fund Balances'' in which the concurrent resolution shall
            set forth the balances of the Federal retirement trust funds;
              (7) set forth procedures in the Senate whereby committee
            allocations, aggregates, and other levels can be revised for
            legislation if that legislation would not increase the deficit,
            or would not increase the deficit when taken with other
            legislation enacted after the adoption of the resolution, for
            the first fiscal year or the total period of fiscal years
            covered by the resolution;

    [[Page 1043]]

              (8) set forth procedures to effectuate pay-as-you-go in the
            House of Representatives; and
              (9) set forth direct loan obligation and primary loan
            guarantee commitment levels.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) added
    paragraphs (6) and (7) and a new last sentence to subsection (a), added
    paragraphs (5)-(8) to subsection (b), and added former section 606
    (repealed by the Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-
    33)), requiring that a concurrent resolution on the budget set forth
    appropriate levels for five fiscal years for the matters described in
    subsection (a). Title III had previously been comprehensively amended by
    the Balanced Budget and Emergency Deficit Control Act of 1985 (tit. II,
    P.L. 99-177). Sections 301(a) and 301(b) were amended by the Budget
    Enforcement Act of 1997 (sec. 10105, P.L. 105-33) to extend the
    requirement that the term of budget resolutions be at least five years
    and to eliminate the requirement that budget resolutions contain direct
    loan and loan guarantee levels. In the 113th and 114th Congresses, the
    House prohibited consideration of a budget resolution not containing
    specified information on certain direct spending programs (sec. 3(e), H.
    Res. 5, Jan. 3, 2013, p. _; sec. 3(h), H. Res. 5, Jan. 6, 2015, p. _).
      The prescribed content of a concurrent resolution on the budget under
    the prior version of section 301 evolved over time. Pursuant to the
    authority to include other ``appropriate procedures'' under then section
    301(b)(2) of the Budget Act, the first concurrent resolution on the
    budget for fiscal year 1981 (which also contained the third concurrent
    resolution on the budget for fiscal year 1980, budget targets for fiscal
    years 1981 and 1983, and other related matters) contained new provisions
    directing House and Senate committees to report to their respective
    Committees on the Budget reconciliation legislation reducing spending
    for fiscal year 1981 (H. Con. Res. 307, 96th Cong.). The first
    concurrent resolution on the budget for fiscal year 1982, in addition to
    other new ``appropriate procedures,'' included in its reconciliation
    instructions directions to several House and Senate committees to report
    reductions in both entitlement spending authority and discretionary
    authorization programs sufficient to reduce budget authority and outlays
    separately for each of three fiscal years, and included a ``deferred
    enrollment'' procedure relating to bills containing new budget authority
    and entitlement spending authority in excess of allocations to
    committees (H. Con. Res. 115, 97th Cong.). The first concurrent
    resolution on the budget for fiscal year 1983, in addition to other new
    ``appropriate procedures,'' included a binding Federal credit budget for
    two fiscal years, containing not only aggregate and functional category
    targets for new direct loan obligations and new primary and secondary
    loan guarantee commitments, but also (1) prohibiting consideration of
    bills authorizing new loan obligations or new loan guarantee commitments
    not subject to the appropriations process with certain exceptions (now
    section 402(a)), and (2) establishing a ceiling on total new direct loan
    obligations and new

    [[Page 1044]]

    primary or secondary loan guarantee commitments for the ensuing fiscal
    year upon adoption of the second concurrent resolution on the budget for
    that year (similar to the section 311 ceiling for direct budget
    authority). Also included was a prohibition against consideration in
    either House of measures providing new budget or entitlement authority
    until the reporting committee filed a report in the House concerning its
    section 302(b) allocation (now section 302(c)) and a direction that if a
    second concurrent resolution on the budget for fiscal year 1983 was not
    finally adopted by October 1, then the aggregate amounts in that first
    concurrent resolution would become the spending ceilings and revenue
    floor for the purposes of section 311 (S. Con. Res. 92, 97th Cong.). The
    first concurrent resolution on the budget for fiscal year 1984 likewise
    contained the latter provision, but also provided that a point of order
    under section 311 of the Budget Act would not apply if spending
    contained in a bill remained within the reporting committee's
    discretionary allocation under section 302 (section 311(b) contains a
    similar exception). The 1984 resolution also contained a new provision
    reserving specific amounts of budget authority and outlays for
    subsequent allocation to committees by the Committee on the Budget (H.
    Con. Res. 91, 98th Cong.; see also Mar. 6, 1984, p. 4621, for a
    statement by Speaker O'Neill describing the operation and effect of the
    latter provision). The first concurrent resolution on the budget for
    fiscal year 1985 included a similar provision that it be treated as the
    second budget resolution for that year on October 1, 1984, for the
    purposes of the section 311 spending ceilings and revenue levels, but
    that a point of order not apply where the committee in question had not
    exceeded its section 302(a) allocations. The resolution also provided
    that legislation providing budget authority, entitlement authority, or
    credit authority not be considered until the reporting committee filed
    the requisite report concerning its section 302(b) allocations (H. Con.
    Res. 280, 98th Cong.).
      In 1986, the first concurrent resolution on the budget since the
    enactment of the Balanced Budget and Emergency Deficit Control Act of
    1985 (P.L. 99-177), the recommended deficit level for fiscal year 1987
    was below the maximum deficit amount as then specified, thus permitting
    consideration of the conference reported amendment in disagreement
    pursuant to then section 301(i) without a waiver by three-fifths vote in
    either House (June 26, 1986, p. 15740). That concurrent resolution also
    contained a ``contingency fund'' for deficit reduction and unmet
    critical needs, additional general revenue-sharing funding beyond levels
    contained therein if deficits were not increased and authorization
    enacted, and a provision authorizing a report to be filed by the chair
    of the House Committee on the Budget by a date certain to be printed and
    to constitute allocations of new budget authority and outlays required
    by section 302(a) (where the conferees did not have time to prepare
    allocations prior to filing of the conference report).
      The concurrent resolution on the budget for fiscal years 1988-1990
    contained a provision permitting the first concurrent resolution to
    ``become'' a second binding concurrent resolution only at the beginning
    of the fiscal

    [[Page 1045]]

    year. It also contained a provision encouraging sales of Government
    assets to non-Government buyers but providing that amounts realized not
    be treated as revenues, receipts, or negative outlays for purposes of
    specified budget enforcement and scorekeeping procedures (H. Con. Res.
    93, 100th Cong.). The concurrent resolutions on the budget for fiscal
    years 1989-1991 and for fiscal years 1990-1992, respectively, each
    contained a section stating that, for purposes of allocations and points
    of order under section 302, amounts realized from asset sales and
    prepayments of loans would not be allocated or scored as affecting
    budget authority or outlays (H. Con. Res. 268, 100th Cong.; H. Con. Res.
    106, 101st Cong.). The concurrent resolution on the budget for fiscal
    years 1989-1991 also contained a section providing for a subsequent
    allocation of budget authority and outlays for fiscal year 1989 upon the
    reporting by appropriate committees of an anti-drug initiative (H. Con.
    Res. 268, 101st Cong.). The concurrent resolution on the budget for
    fiscal years 1995-1999 included provisions (1) adjusting allocations of
    budget authority, new entitlement authority, and outlays and adjusting
    total levels of budget authority, outlays, and revenues for health care
    reform in the House (within a maximum aggregate deficit for fiscal years
    1995-1999), and (2) adjusting committee allocations, budget aggregates,
    and the maximum deficit amount contingent on certain IRS compliance
    initiatives (H. Con. Res. 218, 103d Cong.). The concurrent resolution on
    the budget for fiscal years 1996-2002 established a budget surplus
    allowance contemplating tax reductions only as part of a legislative
    package producing a balanced budget by fiscal year 2002; corrected a
    disparity that had arisen under the Federal Credit Reform Act of 1990
    for the scoring of student loans; and established a process for
    certifying a balanced budget before the House could consider a
    reconciliation bill reducing taxes (H. Con. Res. 67, 104th Cong.).
      Concurrent resolutions on the budget have included reconciliation
    instructions that contemplated reductions in revenues (e.g., H. Con.
    Res. 95, 109th Cong.), including one that contemplated two bills
    reducing revenues (H. Con. Res. 178, 104th Cong.).
      The concurrent resolutions on the budget for fiscal years 2000 and
    2001 included a point of order against consideration in the House or
    Senate of a concurrent resolution on the budget for the next fiscal
    year, or any amendment thereto or conference report thereon, that sets
    forth a deficit for any fiscal year (as determined by the Committee on
    the Budget) (sec. 201, H. Con. Res. 68, 106th Cong.; sec. 201, H. Con.
    Res. 290, 106th Cong.).
      The concurrent resolution on the budget for fiscal year 2001 also
    included points of order against consideration in the House of a
    reported bill or joint resolution, or any amendment thereto or
    conference report thereon: (1) that would cause a surplus for fiscal
    year 2001 to be less than the level established in the resolution; and
    (2) that, until January 1, 2001, contained a directed scorekeeping
    provision (secs. 202, 203, H. Con. Res. 290, 106th Cong.).

    [[Page 1046]]

      Budget resolutions have established a point of order against a measure
    that would cause the total level of discretionary advance appropriations
    to exceed a set amount (secs. 202, 203, H. Con. Res. 290, 106th Cong.;
    sec. 201, H. Con. Res. 83, 107th Cong.; sec. 301, H. Con. Res. 353,
    107th Cong., deemed in place by H. Res. 428, 107th Cong., May 22, 2002,
    pp. 8675, 8676, and by sec. 3(a)(4), H. Res. 5, 108th Cong., Jan. 7,
    2003, p. 10; sec. 501, H. Con. Res. 95, 108th Cong.; sec. 401, S. Con.
    Res. 95, 108th Cong., May 19, 2004, deemed in place by H. Res. 649,
    108th Cong., May 19, 2004, p. 10105, and by sec. 3(a)(4), H. Res. 5,
    109th Cong., Jan. 4, 2005, p. 44; sec. 401, H. Con. Res. 95, 109th
    Cong.; sec. 206, S. Con. Res. 21, 110th Cong.; sec. 302, S. Con. Res.
    70, 110th Cong.; sec. 424, S. Con. Res. 13, 111th Cong. (carried forward
    by H. Res. 1493, 111th Cong.); sec. 402. H. Con. Res. 34, 112th Cong.,
    deemed in place by H. Res. 287, 112th Cong., June 1, 2011; sec. 501, H.
    Con. Res. 112, 112th Cong., deemed in place by H. Res. 614, 112th Cong.,
    Apr. 17, 2012; sec. 601, H. Con. Res. 25, 113th Cong., deemed in place
    by H. Res. 243, 113th Cong., June 4, 2013; sec. 3304, S. Con. Res. 11,
    114th Cong.). Such point of order has also been established for a
    Congress in the absence of a budget resolution (sec. 3(e), H. Res. 5,
    Jan. 5, 2011, p. 80).
      Budget resolutions have provided that new budget authority, new
    entitlement authority, outlays, and receipts designated as an emergency
    in bills, joint resolutions, amendments, or conference reports are not
    cognizable under specified sections of titles III and IV of the Budget
    Act. The budget resolutions also have required to be included in a
    committee report, joint statement of managers, or the Congressional
    Record an explanation of how an emergency item meets certain criteria
    (sec. 502, H. Con. Res. 95, 108th Cong.; sec. 402, S. Con. Res. 95,
    108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong.,
    May 19, 2004, p. 10105, and by sec. 3(a)(4), H. Res. 5, 109th Cong.,
    Jan. 4, 2005, p. 44; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204,
    S. Con. Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.).
    The concurrent resolution on the budget for fiscal year 2005 also
    provided that new budget authority, new entitlement authority, and
    outlays contained in a supplemental appropriation bill for fiscal year
    2005 for overseas contingency operations related to the war or terrorism
    were not cognizable under sections 302, 303 and 401 of the Budget Act
    (sec. 403, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place
    by H. Res. 649, 108th Cong., May 19, 2004, p. 10105, and by sec.
    3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. 44). Budget
    resolutions have also provided that new budget authority, outlays, or
    receipts resulting from appropriations for overseas deployments and
    related activities are not cognizable under titles III and IV of the
    Budget Act (sec. 207, S. Con. Res. 21, 110th Cong.; sec. 301, S. Con.
    Res. 70, 110th Cong.).
      The concurrent resolution on the budget for fiscal year 2006 included
    a provision permitting the chair of the Committee on the Budget to make
    adjustments to levels and allocations to conform to changes in concepts
    or definitions and a provision providing for a section 302(b)
    suballocation

    [[Page 1047]]

    to the full Appropriations Committee for appropriations for the
    Legislative Branch (secs. 406, 410, H. Con. Res. 95, 109th Cong.).
      The House has adopted resolutions to deem budget resolutions, portions
    thereof, or other budgetary parameters to be in place for temporary
    enforcement (H. Res. 231, July 24, 1985, p. 20181; H. Res. 413, June 19,
    1990, p. 14612; H. Res. 477, June 19, 1998, p. 12991; ; H. Res. 428, May
    22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10;
    H. Res. 649, May 19, 2004, p. 10105; sec. 3(a)(4), H. Res. 5, Jan. 4,
    2005, p. 44; sec. 2(a), H. Res. 818, May 18, 2006, p. 8651; sec.
    511(a)(4), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); H.
    Res. 1493, July 1, 2010, p. 12572; H. Res. 287, June 1, 2011, pp. 8438,
    8439; H. Res. 614, Apr. 17, 2012, p. _ (amended by H. Res. 643, May 8,
    2012, p. _); sec. 3(c), H. Res. 5, Jan. 3, 2013, p. _; H. Res. 243, June
    4, 2013, p. _; H. Res. 557, Apr. 30, 2014, p. _; sec. 3(e)(1), H. Res.
    5, Jan. 6, 2015, p. _; H. Res. 223, Apr. 29, 2015, p. _). The House has
    also directed the chair of the Committee on the Budget to publish in the
    Congressional Record budget aggregates and allocations and provided that
    such figures be treated as completion of a budget resolution (sec. 2(a),
    H. Res. 5, Jan. 6, 1999, p. 47; sec. 3(b), H. Res. 5, Jan. 5, 2011, p.
    80) and in one case further specified the level of an allocation to be
    so published by reference to a given fiscal year (H. Res. 38, Jan. 25,
    2011, p. 627). For fiscal year 2014, the Bipartisan Budget Act of 2013
    (div. A, P.L. 113-67) provided by statute for such a publication and
    required that certain levels be set by reference to statutory
    discretionary spending caps or to a published baseline (sec. 111), and
    in the next Congress the levels in that publication (as subsequently
    adjusted) were deemed to be in force for the first session (sec.
    3(e)(1), H. Res. 5, Jan. 6, 2015, p. _). That act had a similar
    provision for fiscal year 2015 (sec. 115), but contingent on Congress
    not adopting a budget resolution for that fiscal year.

      (c) Consideration of Procedures or Matters Which Have the Effect of
    Changing any Rule of the House of Representatives.--If the Committee on
    the Budget of the House of Representatives reports any concurrent
    resolution on the budget which includes any procedure or matter which
    has the effect of changing any rule of the House of Representatives,
    such concurrent resolution shall then be referred to the Committee on
    Rules with instructions to report it within five calendar days (not
    counting any day on which the House is not in session). The Committee on
    Rules shall have jurisdiction to report any concurrent resolution
    referred to it under this paragraph with an amendment or amendments
    changing or striking out any such procedure or matter.

      (d) Views and Estimates of Other Committees.--Within 6 weeks after the
    President submits a budget under section 1105(a) of title 31, United
    States Code, or

    [[Page 1048]]

    at such time as may be requested by the Committee on the Budget, each
    committee of the House of Representatives having legislative
    jurisdiction shall submit to the Committee on the Budget of the House
    and each committee of the Senate having legislative jurisdiction shall
    submit to the Committee on the Budget of the Senate its views and
    estimates (as determined by the committee making such submission) with
    respect to all matters set forth in subsections (a) and (b) which relate
    to matters within the jurisdiction or functions of such committee. The
    Joint Economic Committee shall submit to the Committees on the Budget of
    both Houses its recommendations as to the fiscal policy appropriate to
    the goals of the Employment Act of 1946. Any other committee of the
    House of Representatives or the Senate may submit to the Committee on
    the Budget of its House, and any joint committee of the Congress may
    submit to the Committees on the Budget of both Houses, its views and
    estimates with respect to all matters set forth in subsections (a) and
    (b) which relate to matters within its jurisdiction or functions. Any
    Committee of the House of Representatives or the Senate that anticipates
    that the committee will consider any proposed legislation establishing,
    amending, or reauthorizing any Federal program likely to have a
    significant budgetary impact on any State, local, or tribal government,
    or likely to have a significant financial impact on the private sector,
    including any legislative proposal submitted by the executive branch
    likely to have such a budgetary or financial impact, shall include its
    views and estimates on that proposal to the Committee on the Budget of
    the applicable House.

      Section 301(d) was amended by the Budget Enforcement Act of 1997 (sec.
    10105, P.L. 105-33) to permit the Committees on the Budget to set an
    alternate deadline for submission of committee views and estimates.

      (e) Hearings and Report.--
              (1) In general.--In developing the concurrent resolution on
            the budget referred to in subsection (a) for each fiscal year,
            the Committee on the Budget of each House shall hold hearings
            and shall receive testimony from Members of Congress and such
            appropriate representatives of Federal departments and agencies,
            the general public, and national organizations as the committee
            deems desirable. Each of the recommendations as to short-term
            and medium-term goals set forth in the report submitted by the
            members of the Joint Eco

    [[Page 1049]]

            nomic Committee under subsection (d) may be considered by the
            Committee on the Budget of each House as part of its
            consideration of such concurrent resolution, and its report may
            reflect its views thereon, including its views on how the
            estimates of revenues and levels of budget authority and outlays
            set forth in such concurrent resolution are designed to achieve
            any goals it is recommending.
              (2) Required contents of report.--The report accompanying the
            resolution shall include--
                      (A) a comparison of the levels of total new budget
                    authority, total outlays, total revenues, and the
                    surplus or deficit for each fiscal year set forth in the
                    resolution with those requested in the budget submitted
                    by the President;
                      (B) with respect to each major functional category, an
                    estimate of total new budget authority and total
                    outlays, with the estimates divided between
                    discretionary and mandatory amounts;
                      (C) the economic assumptions that underlie each of the
                    matters set forth in the resolution and any alternative
                    economic assumptions and objectives the committee
                    considered;
                      (D) information, data, and comparisons indicating the
                    manner in which, and the basis on which, the committee
                    determined each of the matters set forth in the
                    resolution;
                      (E) the estimated levels of tax expenditures (the tax
                    expenditures budget) by major items and functional
                    categories for the President's budget and in the
                    resolution; and
                      (F) allocations described in section 302(a).
              (3) Additional contents of report.--The report accompanying
            the resolution may include--
                      (A) a statement of any significant changes in the
                    proposed levels of Federal assistance to State and local
                    governments;
                      (B) an allocation of the level of Federal revenues
                    recommended in the resolution among the major sources of
                    such revenues;
                      (C) information, data, and comparisons on the share of
                    total Federal budget outlays and of gross domestic
                    product devoted to investment in the budget submitted by
                    the President and in the resolution;

    [[Page 1050]]

                      (D) the assumed levels of budget authority and outlays
                    for public buildings, with a division between amounts
                    for construction and repair and for rental payments; and
                      (E) other matters, relating to the budget and to
                    fiscal policy, that the committee deems appropriate.

      The contents required of a report accompanying a budget resolution
    were modified by the Budget Enforcement Act of 1997 (sec. 10105, P.L.
    105-33).

      (f) Achievement of Goals for Reducing Unemployment.--
              (1) If, pursuant to section 4(c) of the Employment Act of
            1946, the President recommends in the Economic Report that the
            goals for reducing unemployment set forth in section 4(b) of
            such Act be achieved in a year after the close of the five-year
            period prescribed by such subsection, the concurrent resolution
            on the budget for the fiscal year beginning after the date on
            which such Economic Report is received by the Congress may set
            forth the year in which, in the opinion of the Congress, such
            goals can be achieved.
              (2) After the Congress has expressed its opinion pursuant to
            paragraph (1) as to the year in which the goals for reducing
            unemployment set forth in section 4(b) of the Employment Act of
            1946 can be achieved, if, pursuant to section 4(e) of such Act,
            the President recommends in the Economic Report that such goals
            be achieved in a year which is different from the year in which
            the Congress has expressed its opinion that such goals should be
            achieved, either in its action pursuant to paragraph (1) or in
            its most recent action pursuant to this paragraph, the
            concurrent resolution on the budget for the fiscal year
            beginning after the date on which such Economic Report is
            received by the Congress may set forth the year in which, in the
            opinion of the Congress, such goals can be achieved.
              (3) It shall be in order to amend the provision of such
            resolution setting forth such year only if the amendment thereto
            also proposes to alter the estimates, amounts, and levels (as
            described in subsection (a)) set forth in such resolution in
            germane fashion in order to be consistent with the economic
            goals (as described in sections 3(a)(2) and (4)(b) of the
            Employment Act of 1946) which such amendment proposes

    [[Page 1051]]

            can be achieved by the year specified in such amendment.

      (g) Economic Assumptions.--
              (1) It shall not be in order in the Senate to consider any
            concurrent resolution on the budget for a fiscal year, or any
            amendment thereto, or any conference report thereon, that sets
            forth amounts and levels that are determined on the basis of
            more than one set of economic and technical assumptions.
              (2) The joint explanatory statement accompanying a conference
            report on a concurrent resolution on the budget shall set forth
            the common economic assumptions upon which such joint statement
            and conference report are based, or upon which any amendment
            contained in the joint explanatory statement to be proposed by
            the conferees in the case of technical disagreement, is based.
              (3) Subject to periodic reestimation based on changed economic
            conditions or technical estimates, determinations under titles
            III and IV of the Congressional Budget Act of 1974 shall be
            based upon such common economic and technical assumptions.
      (h) Budget Committee's Consultation With Committees.--The Committee on
    the Budget of the House of Representatives shall consult with the
    committees of its House having legislative jurisdiction during the
    preparation, consideration, and enforcement of the concurrent resolution
    on the budget with respect to all matters which relate to the
    jurisdiction or functions of such committees.
      (i) Social Security Point of Order.--It shall not be in order in the
    Senate to consider any concurrent resolution on the budget (or
    amendment, motion, or conference report on the resolution) that would
    decrease the excess of social security revenues over social security
    outlays in any of the fiscal years covered by the concurrent resolution.
    No change in chapter 1 of the Internal Revenue Code of 1986 shall be
    treated as affecting the amount of social security revenues unless such
    provision changes the income tax treatment of social security benefits.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) modified this portion of section 301 by: (1) inserting
    a new subsection on referral of budget resolutions to the Committee on
    Rules; (2) amending and redesignating existing subsections (c), (d), and
    (e) as (d), (e), and (f), respectively; and (3) adding new subsections
    (g) (which was amended by Public Law 100-119) and (h). It also added a
    former

    [[Page 1052]]

    subsection (i), which precluded consideration of a concurrent resolution
    on the budget exceeding the pertinent maximum deficit amount absent a
    three-fifths vote. That point of order was amended by Public Law 100-119
    and was eliminated by the Budget Enforcement Act of 1990 (tit. XIII,
    P.L. 101-508). The Omnibus Trade and Competitiveness Act of 1988 (P.L.
    100-418) added paragraph (10) to subsection (e), effective only for
    fiscal years 1989 through 1992. Previously, the Full Employment and
    Balanced Growth Act of 1978 (P.L. 95-523) amended this section by: (1)
    adding a new paragraph (6) to subsection (a) and redesignating the
    succeeding paragraph (both of which were later repealed by P.L. 99-177);
    (2) adding a new second sentence to subsection (c) (now contained in
    subsection (d)); and (3) adding a new subsection (e) (now designated as
    (f)), relating to the review of the Economic Report as part of the
    congressional budget process, and allowing the inclusion in the budget
    resolution of a timetable for achieving unemployment goals under the
    Employment Act of 1946. The last sentence of subsection (d) was added by
    the Unfunded Mandates Reform Act of 1995 (sec. 102(2), P.L. 104-4; 109
    Stat. 62). The Social Security point of order contained in paragraph (i)
    was added by the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
    508) and later expanded by the Budget Enforcement Act of 1997 (sec.
    10105, P.L. 105-33).
      The House and Senate completed final action on the first concurrent
    resolution on the budget considered under the Congressional Budget Act
    by adopting a conference report thereon on May 14, 1975 (p. 14329). That
    concurrent resolution contained aggregate figures only for revenues,
    budget authority, budget outlays, deficit and public debt, because the
    Committee on the Budget had not implemented the functional categories
    provisions of the Act for fiscal year 1976.
      On May 13, 1976, the House and Senate completed final action on the
    first concurrent resolution for fiscal year 1977, the first year of full
    implementation of title III of the Congressional Budget Act (p. 13776).

                              committee allocations

      Sec. 302. (a) Committee Spending Allocations.--
              (1) Allocation among committees.--The joint explanatory
            statement accompanying a conference report on a concurrent
            resolution on the budget shall include an allocation, consistent
            with the resolution recommended in the conference report, of the
            levels for the first fiscal year of the resolution, for at least
            each of the ensuing 4 fiscal years, and a total for that period
            of fiscal years (except in the case of the Committee on
            Appropriations only for the fiscal year of that resolution) of--
                      (A) total new budget authority; and
                      (B) total outlays;

    [[Page 1053]]

            among each committee of the House of Representatives or the
            Senate that has jurisdiction over legislation providing or
            creating such amounts.
              (2) No double counting.--In the House of Representatives, any
            item allocated to one committee may not be allocated to another
            committee.
              (3) Further division of amounts.--
                      (A) In the senate.--In the Senate, the amount
                    allocated to the Committee on Appropriations shall be
                    further divided among the categories specified in
                    section 250(c)(4) of the Balanced Budget and Emergency
                    Deficit Control Act of 1985 and shall not exceed the
                    limits for each category set forth in section 251(c) of
                    that Act.
                      (B) In the house.--In the House of Representatives,
                    the amounts allocated to each committee for each fiscal
                    year, other than the Committee on Appropriations, shall
                    be further divided between amounts provided or required
                    by law on the date of filing of that conference report
                    and amounts not so provided or required. The amounts
                    allocated to the Committee on Appropriations shall be
                    further divided--
                            (i) between discretionary and mandatory amounts
                        or programs, as appropriate; and
                            (ii) consistent with the categories specified in
                        section 250(c)(4) of the Balanced Budget and
                        Emergency Deficit Control Act of 1985.
              (4) Amounts not allocated.--In the House of Representatives or
            the Senate, if a committee receives no allocation of new budget
            authority or outlays, that committee shall be deemed to have
            received an allocation equal to zero for new budget authority or
            outlays.
              (5) Adjusting allocation of discretionary spending in the
            house of representatives.--(A) If a concurrent resolution on the
            budget is not adopted by April 15, the chairman of the Committee
            on the Budget of the House of Representatives shall submit to
            the House, as soon as practicable, an allocation under paragraph
            (1) to the Committee on Appropriations consistent with the
            discretionary spending levels in the most recently agreed to
            concurrent resolution on the budget for the appropriate fiscal
            year covered by that resolution.
              (B) As soon as practicable after an allocation under paragraph
            (1) is submitted under this section, the

    [[Page 1054]]

            Committee on Appropriations shall make suballocations and report
            those suballocations to the House of Representatives.

      (b) Suballocations by Appropriations Committees.--As soon as
    practicable after a concurrent resolution on the budget is agreed to,
    the Committee on Appropriations of each House (after consulting with the
    Committee on Appropriations of the other House) shall suballocate each
    amount allocated to it for the budget year under subsection (a) among
    its subcommittees. Each Committee on Appropriations shall promptly
    report to its House suballocations made or revised under this
    subsection. The Committee on Appropriations of the House of
    Representatives shall further divide among its subcommittees the
    divisions made under subsection (a)(3)(B) and promptly report those
    divisions to the House.

      (c) Point of Order.--After the Committee on Appropriations has
    received an allocation pursuant to subsection (a) for a fiscal year, it
    shall not be in order in the House of Representatives or the Senate to
    consider any bill, joint resolution, amendment, motion, or conference
    report within the jurisdiction of that committee providing new budget
    authority for that fiscal year, until that committee makes the
    suballocations required by subsection (b).

      (d) Subsequent Concurrent Resolutions.--In the case of a concurrent
    resolution on the budget referred to in section 304, the allocations
    under subsection (a) and the subdivisions under subsection (b) shall be
    required only to the extent necessary to take into account revisions
    made in the most recently agreed to concurrent resolution on the budget.

      (e) Alteration of Allocations.--At any time after a committee reports
    the allocations required to be made under subsection (b), such committee
    may report to its House an alteration of such allocations. Any
    alteration of such allocations must be consistent with any actions
    already taken by its House on legislation within the committee's
    jurisdiction.

      (f) Legislation Subject to Point of Order.--
              (1) In the house of representatives.--After the Congress has
            completed action on a concurrent resolution on the budget for a
            fiscal year, it shall not be in order in the House of
            Representatives to consider any bill, joint resolution, or
            amendment providing new

    [[Page 1055]]

            budget authority for any fiscal year, or any conference report
            on any such bill or joint resolution, if--
                      (A) the enactment of such bill or resolution as
                    reported;
                      (B) the adoption and enactment of such amendment; or
                      (C) the enactment of such bill or resolution in the
                    form recommended in such conference report,
            would cause the applicable allocation of new budget authority
            made under subsection (a) or (b) for the first fiscal year or
            the total of fiscal years to be exceeded.
              (2) In the senate.--After a concurrent resolution on the
            budget is agreed to, it shall not be in order in the Senate to
            consider any bill, joint resolution, amendment, motion, or
            conference report that would cause--
                      (A) in the case of any committee except the Committee
                    on Appropriations, the applicable allocation of new
                    budget authority or outlays under subsection (a) for the
                    first fiscal year or the total of fiscal years to be
                    exceeded; or
                      (B) in the case of the Committee on Appropriations,
                    the applicable suballocation of new budget authority or
                    outlays under subsection (b) to be exceeded.

      (g) Pay-as-You-Go Exception in the House.--
              (1) In general.--(A) Subsection (f)(1) and, after April 15,
            section 303(a) shall not apply to any bill or joint resolution,
            as reported, amendment thereto, or conference report thereon if,
            for each fiscal year covered by the most recently agreed to
            concurrent resolution on the budget--
                      (i) the enactment of that bill or resolution as
                    reported;
                      (ii) the adoption and enactment of that amendment; or
                      (iii) the enactment of that bill or resolution in the
                    form recommended in that conference report,
            would not increase the deficit, and, if the sum of any revenue
            increases provided in legislation already enacted during the
            current session (when added to revenue increases, if any, in
            excess of any outlay increase provided by the legislation
            proposed for consideration) is at least as great as the sum of
            the amount, if any, by which the aggregate level of Federal
            revenues should be increased as set forth in that concurrent

    [[Page 1056]]

            resolution and the amount, if any, by which revenues are to be
            increased pursuant to pay-as-you-go procedures under section
            301(b)(8), if included in that concurrent resolution.
              (B) Section 311(a), as that section applies to revenues, shall
            not apply to any bill, joint resolution, amendment thereto, or
            conference report thereon if, for each fiscal year covered by
            the most recently agreed to concurrent resolution on the
            budget--
                      (i) the enactment of that bill or resolution as
                    reported;
                      (ii) the adoption and enactment of that amendment; or
                      (iii) the enactment of that bill or resolution in the
                    form recommended in that conference report,
            would not increase the deficit, and, if the sum of any outlay
            reductions provided in legislation already enacted during the
            current session (when added to outlay reductions, if any, in
            excess of any revenue reduction provided by the legislation
            proposed for consideration) is at least as great as the sum of
            the amount, if any, by which the aggregate level of Federal
            outlays should be reduced as required by that concurrent
            resolution and the amount, if any, by which outlays are to be
            reduced pursuant to pay-as-you-go procedures under section
            301(b)(8), if included in that concurrent resolution.
              (2) Revised allocations.--(A) As soon as practicable after
            Congress agrees to a bill or joint resolution that would have
            been subject to a point of order under subsection (f)(1) but for
            the exception provided in paragraph (1)(A) or would have been
            subject to a point of order under section 311(a) but for the
            exception provided in paragraph (1)(B), the chairman of the
            Committee on the Budget of the House of Representatives shall
            file with the House appropriately revised allocations under
            section 302(a) and revised functional levels and budget
            aggregates to reflect that bill.
              (B) Such revised allocations, functional levels, and budget
            aggregates shall be considered for the purposes of this Act as
            allocations, functional levels, and budget aggregates contained
            in the most recently agreed to concurrent resolution on the
            budget.

      Section 302 was amended by the Balanced Budget and Emergency Deficit
    Control Act of 1985 (tit. II, P.L. 99-177) to: (1) add appropriate
    levels of total entitlement authority and total credit authority to the
    allocations

    [[Page 1057]]

    required by subsection (a), with all levels further divided into
    mandatory and discretionary amounts; (2) add new credit authority to the
    subdivisions required of the Committees on Appropriations by subsection
    (b)(1); (3) redesignate subsection (c) as (d); and (4) add new
    subsections (c), (e), (f), and (g). The Budget Enforcement Act of 1990
    (tit. XIII, P.L. 101-508) removed credit authority from the purview of
    points of order under this section by deleting all references to credit
    authority in subsections (a), (b), (c), and (f), effective for fiscal
    years beginning after September 30, 1991. That law also amended
    subsections (c) and (f) to standardize their application to bills, joint
    resolutions, amendments, motions, or conference reports. Section 302 was
    further amended by the Budget Enforcement Act of 1997 (sec. 10106, P.L.
    105-33) to: (1) permanently extend the requirement that allocations to
    the authorizing committees cover at least a five-year period and to
    revert the temporary allocations under former section 602 into section
    302; (2) permit a further allocation among defense, nondefense, and
    violent crime reduction funding; (3) modify the Committee on
    Appropriations' default allocation; and (4) clarify that committee's
    suballocations to its subcommittees.
      Clause 8 of rule XXI, adopted in the 110th Congress, provides that
    points of order under title III of the Budget Act apply to unreported
    measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
    2007)). Previously, a point of order under section 302(f) operated with
    respect to a bill or joint resolution in its reported state and thus did
    not lie against consideration of an unreported measure (Mar. 21, 1995,
    p. 8491). The budget resolution deemed in place for fiscal year 2005
    provided that, for purposes of titles II and III of the Budget Act, the
    term ``amendment'' or ``amendment thereto'' means an amendment offered
    or an amendment made in order as original text or considered as adopted
    by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong.,
    May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004,
    p. 10105, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p.
    44).
      Points of order under section 302(c) apply separately to the
    consideration of bills and amendments, and thus a waiver of points of
    order against consideration of an appropriation bill before the filing
    of a report from the Appropriations Committee allocating new budget
    authority among its subcommittees does not extend to an amendment
    providing new budget authority in addition to the amounts contained in
    the bill (July 13, 1987, p. 19514). Where the House deemed the adoption
    of new section 302(a) allocations for the 108th Congress (sec. 3, H.
    Res. 5, Jan. 7, 2003, p. 10), the Chair sustained a point of order under
    section 302(c) against an amendment providing new budget authority where
    the Appropriations Committee had not reported section 302(b)
    suballocations (Jan. 8, 2003, p. 225; Jan. 28, 2003, p. 2009 (both
    sustained by tabling of appeal)).
      By way of example, the Chair has held the following as providing new
    budget authority in excess of the relevant allocations under section
    302(a), as authoritatively estimated by the Committee on the Budget
    pursuant

    [[Page 1058]]

    to section 312(a), in violation of section 302(f): (1) a motion to
    recommit a bill establishing a Medicare prescription drug benefit
    program with instructions to report forthwith an amendment in the nature
    of substitute containing a different program (sustained by tabling of
    appeal) (June 28, 2000, pp. 12736, 12751); (2) an amendment extending
    eligibility for Foster Care Maintenance Payments to a new class (Sept.
    14, 2005, pp. 20218-20); (3) an amendment delaying the imposition of a
    monetary penalty resulting in a loss of offsetting receipts (July 18,
    1991, p. 18860); (4) where a subcommittee of the Committee on
    Appropriations had received two separate allocations of budget
    authority, an amendment transferring funds from accounts under one
    allocation to accounts under the other, thereby exceeding the level of
    the latter allocation (July 18, 2012, p. _).
      An amendment that proposes offsetting increases and decreases in new
    budget authority is not subject to a point of order under section 302(f)
    (May 9, 1995, p. 12175). Amendments to an appropriation bill making a
    series of figure changes intended to offset one another and considered
    en bloc are subject to points of order under section 302(f) where the
    intended reductions in new discretionary budget authority fail to offset
    increases in such authority, so that the net effect of the amendments is
    to cause the bill to exceed the appropriate allocation of new
    discretionary budget authority made pursuant to section 302(b) for the
    fiscal year (July 30, 1986, p. 18154).
      Where a Senate amendment proposed to increase certain loan guarantees
    that were estimated by the Committee on the Budget to breach the
    subcommittee subdivision of new credit authority (as then required by
    this section), the Chair sustained a point of order under section 302(f)
    against a motion to concur therein (Oct. 20, 1990, p. 31517).
      Where a limitation on funds in a general appropriation bill was
    estimated under former section 302(g) (current section 312(a)) to
    provide negative new budget authority in an amount sufficient to avoid a
    breach of the pertinent allocation of such authority, an amendment
    striking the limitation from the bill was held to provide new budget
    authority causing such a breach, in violation of section 302(f) (June
    26, 1991, p. 16474; June 13, 2000, p. 10501). An amendment proposing to
    strike from a general appropriation bill a proviso stating that a
    specified increment of new discretionary budget authority ostensibly
    provided by the bill would ``become available for obligation only upon
    the enactment of future appropriations legislation'' was held to cause
    the bill to provide additional new discretionary budget authority in
    that incremental amount, in breach of the pertinent allocation under
    sections 302 and 602, and therefore in violation of section 302(f) (June
    26, 1996, p. 15563). An amendment proposing to strike from a general
    appropriation bill a rescission scored as negative budget authority was
    held to provide new budget authority in excess of the relevant
    allocation under section 302(b) (June 20, 2001, pp. 11248, 11249). The
    Chair relies on authoritative estimates from the Committee on the Budget
    pursuant to section 312(a) to determine whether an amendment

    [[Page 1059]]

    to a general appropriation bill provides new budget authority in excess
    of the relevant allocation under section 302(b) in violation of section
    302(f) (e.g., June 8, 2000, pp. 9942, 9943; June 12, 2000, pp. 10377,
    10378; Apr. 2, 2004, pp. 6355, 6374). Such estimates may be provided by
    the chair of the Committee on the Budget pursuant to clause 4 of rule
    XXIX.
      For a point of order against the motion to rise and report an
    appropriation bill to the House where the bill, as proposed to be
    amended, exceeds an applicable allocation of new budget authority under
    section 302(b) of the Congressional Budget Act of 1974, and procedures
    in the Committee of the Whole in the event that the point of order is
    sustained, see Sec. 1044b, supra.
      The 104th Congress authorized the chair of the Committee on the Budget
    to revise existing allocations under this section among committees of
    the House to reflect changes in jurisdiction under clause 1 of rule X
    and to publish the revised allocations in the Congressional Record, to
    the end that the revised allocations be effective in the House as though
    made pursuant to sections 302(a) and 602(a) of the Congressional Budget
    Act of 1974 (sec. 202(c), H. Res. 6, Jan. 4, 1995, p. 467). The House
    has adopted resolutions to deem budget resolutions, or portions thereof,
    to be in place for temporary enforcement (see annotations under section
    301(b) of this Act). The budget resolution deemed adopted for fiscal
    year 2003 established a reserve fund in the House to support an extra
    allocation for propositions providing for specified increases in
    obligation levels for highway spending, with a special application of
    section 302(f) to enforce levels of outlays (as well as budget
    authority) in that area, and provided for a separate, exclusive section
    302(a) allocation for medicare spending (on one-year and 10-year bases)
    (sec. 204, H. Con. Res. 353, 107th Cong., deemed in place by H. Res.
    428, 107th Cong., May 22, 2002, pp. 8675, 8676, and by sec. 3, H. Res.
    5, 108th Cong., Jan. 7, 2003, p. 10). The special allocation for surface
    transportation was carried in the budget resolution for fiscal year 2004
    (sec. 501, H. Con. Res. 95, 108th Cong.) and in the budget resolution
    deemed in place for fiscal year 2005 (sec. 401, S. Con. Res. 95, 108th
    Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May
    19, 2004, p. 10105, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4,
    2005, p. 44). Budget resolutions have established reserve funds in the
    House to support extra allocations for various propositions covering a
    broad range of subjects (e.g., secs. 201-220, S. Con. Res. 70, 110th
    Cong.). The House has provided that, for purposes of subsection (f),
    certain off-budget discretionary amounts be included in estimates of
    budget authority and outlays (sec. 3(f)(2), H. Res. 5, Jan. 5, 2011, p.
    80).

       concurrent resolution on the budget must be adopted before budget-
                        related legislation is considered

      Sec. 303. (a) In General.--Until the concurrent resolution on the
    budget for a fiscal year has been agreed to, it shall not be in order in
    the House of Representatives, with

    [[Page 1060]]

    respect to the first fiscal year covered by that resolution, or the
    Senate, with respect to any fiscal year covered by that resolution, to
    consider any bill or joint resolution, amendment or motion thereto, or
    conference report thereon that--
              (1) first provides new budget authority for that fiscal year;
              (2) first provides an increase or decrease in revenues during
            that fiscal year;
              (3) provides an increase or decrease in the public debt limit
            to become effective during that fiscal year;
              (4) in the Senate only, first provides new entitlement
            authority for that fiscal year; or
              (5) in the Senate only, first provides for an increase or
            decrease in outlays for that fiscal year.
      (b) Exceptions in the House.--In the House of Representatives,
    subsection (a) does not apply--
              (1)(A) to any bill or joint resolution, as reported, providing
            advance discretionary new budget authority that first becomes
            available for the first or second fiscal year after the budget
            year; or
              (B) to any bill or joint resolution, as reported, first
            increasing or decreasing revenues in a fiscal year following the
            fiscal year to which the concurrent resolution applies;
              (2) after May 15, to any general appropriation bill or
            amendment thereto; or
              (3) to any bill or joint resolution unless it is reported by a
            committee.
      (c) Application to Appropriation Measures in the Senate.--
              (1) In general.--Until the concurrent resolution on the budget
            for a fiscal year has been agreed to and an allocation has been
            made to the Committee on Appropriations of the Senate under
            section 302(a) for that year, it shall not be in order in the
            Senate to consider any appropriation bill or joint resolution,
            amendment or motion thereto, or conference report thereon for
            that year or any subsequent year.
              (2) Exception.--Paragraph (1) does not apply to appropriations
            legislation making advance appropriations for the first or
            second fiscal year after the year the allocation referred to in
            that paragraph is made.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended subsection 303(a) by: (1) adding the phrase
    ``as reported to the House or Senate''; (2) modifying paragraph (4) to
    apply

    [[Page 1061]]

    to new entitlement authority; and (3) adding a paragraph (5) relating to
    new credit authority. The same law amended subsection (b) by adding the
    May 15th exception for general appropriation bills. The Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended subsection (a)
    to standardize its application to bills, joint resolutions, amendments,
    motions, and conference reports, and by deleting the reference in
    paragraph (5) to new credit authority. That law also subdivided
    subsection (b) into paragraphs relating to exceptions in the House and
    Senate. Section 303 was rewritten by the Budget Enforcement Act of 1997
    (sec. 10107, P.L. 105-33) to simplify the section, drop obsolete
    provisions, make certain conforming changes, and eliminate references to
    ``new entitlement authority'' in the House and ``new credit authority.''
      Clause 8 of rule XXI, adopted in the 110th Congress, provides that
    points of order under title III of the Budget Act apply to unreported
    measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
    2007)). Previously, a point of order under section 303(a) operated with
    respect to a bill or joint resolution in its reported state and thus did
    not lie against consideration of an unreported measure (Mar. 21, 1995,
    p. 8491), although it did lie against consideration of an amendment to
    an unreported measure (July 24, 1998, p. 17278). The budget resolution
    deemed in place for fiscal year 2005 provided that, for purposes of
    titles II and III of the Budget Act, the term ``amendment'' or
    ``amendment thereto'' means an amendment offered or an amendment made in
    order as original text or considered as adopted by special order of the
    House (sec. 406, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in
    place by H. Res. 649, 108th Cong., May 19, 2004, p. 10105, and by sec.
    3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. 44).
      A conference report containing revenue-sharing provisions in the form
    of new entitlement authority as described in section 401(c)(2)(C) of the
    Budget Act to become effective in fiscal years 1978 through 1980 in
    amounts greater than the amount in fiscal year 1977 was ruled out on a
    point of order under section 303(a), because the first concurrent
    resolution on the budget for those future fiscal years had not yet been
    adopted and the increased entitlements could not be considered mere
    continuations of entitlement authority that became effective in fiscal
    year 1977 (for which a concurrent resolution had been adopted), and
    because the section 303(b) exception permitting certain advance budget
    authority does not apply in the case of new entitlement authority
    (Speaker Albert, Sept. 30, 1976, p. 34074). An amendment providing new
    budget authority for a fiscal year before adoption of a budget
    resolution for that year was held to violate section 303, where points
    of order under that section had been waived against the pending bill but
    not against amendments (Aug. 1, 1984, p. 21871; July 17, 1985, pp.
    19435, 19463 (amendment contained in motion to recommit with
    instructions)).
      To a bill providing eligibility for certain entitlement benefits to
    become effective in the fiscal year for which a budget resolution had
    been adopted,

    [[Page 1062]]

    an amendment allowing a deduction in computing household income to
    determine eligibility effective in the next following fiscal year, to
    reflect changes in shelter and utility costs, was ruled out as providing
    new entitlement authority to become effective in a fiscal year for which
    a concurrent resolution on the budget had not been adopted, in violation
    of section 303(a)(4) (July 27, 1977, p. 25222).
      To a bill partially replacing an existing mandatory student loan
    (entitlement) program with a new discretionary program, an amendment
    reducing the discretionary program and commensurately restoring the
    mandatory program was held to violate section 303(a) by providing new
    entitlement authority for the ensuing fiscal year before the adoption of
    a concurrent resolution on the budget for that fiscal year (Mar. 26,
    1992, p. 7173). Amendments enlarging the class of persons eligible for,
    or increasing the amount of, a Government subsidy (lower interest
    payments on student loans) have been held to violate section 303(a) by
    providing new entitlement authority for the ensuing fiscal year before
    the adoption of a concurrent resolution on the budget for that fiscal
    year (Mar. 26, 1992, pp. 7184, 7186, 7227, 7231, 7236).
      An amendment repealing an agricultural marketing (entitlement) program
    for peanuts over a five-year period was nevertheless held to provide new
    budget authority for the ensuing fiscal year before the adoption of the
    budget resolution for that year, in violation of section 303(a), where
    the Chair was persuaded by estimates from the Congressional Budget
    Office that economic conditions under that repeal would result in
    decreased receipts and increased Federal outlays during that first
    fiscal year (July 25, 1990, p. 19155).
      An amendment imposing fees on generated electric energy, to be
    deposited in a trust fund, and effective in the ensuing fiscal year, was
    held to violate section 303(a) by increasing revenues effective in the
    ensuing fiscal year, for which a budget resolution had yet to be adopted
    (July 23, 1985, p. 20041). An amendment striking a revenue provision in
    a pending unreported bill and proposing to insert an alternative revenue
    provision was held to violate section 303(a) (July 24, 1998, p. 17278).
      The Committee on the Budget of the House determined, as stated in its
    second report on the implementation of congressional budget procedures
    for fiscal year 1976 (H. Rept. No. 94-457, Oct. 8, 1975), that the
    section 303(b) exemption for certain advance budget or revenue authority
    ceases to apply with the beginning of the fiscal year in question.
    Therefore, on or after October 1, 1975, the beginning of fiscal year
    1976, budget authority or revenue measures to become effective in fiscal
    year 1977, could no longer be considered under the 303(b) exception but
    would have to await the final adoption in May of the first concurrent
    resolution on the budget for fiscal year 1977. But the Senate in the
    95th Congress overruled a decision of its presiding officer holding that
    the section 303(b) exemption ceased to apply after the beginning of the
    fiscal year preceding the fiscal year for which revenue changes were
    proposed (Oct. 5, 1978, pp. 33945-50).

    [[Page 1063]]

      In the 106th through 113th Congresses, the House adopted an order to
    enforce a 303(a) point of order against a reported bill or joint
    resolution considered under a special order of business on the basis of
    text made in order as original text (sec. 2(a)(3), H. Res. 5, Jan. 6,
    1999, p. 47; sec. 3(b)(2), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2),
    H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005,
    p. 44; sec. 511(a)(2), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
    2007); sec. 3(a)(2), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(a)(2), H.
    Res. 5, Jan. 5, 2011, p. 80; sec. 3(b)(2), H. Res. 5, Jan. 3, 2013, p.
    _). These orders were no longer necessary after an amendment to section
    315 by the Bipartisan Budget Act of 2013 (div. A, P.L. 113-67).
      The House has adopted resolutions to deem budget resolutions, or
    portions thereof, to be in place for temporary enforcement (see
    annotations under section 301(b) of this Act).

          permissible revisions of concurrent resolutions on the budget

      Sec. 304. At any time after the concurrent resolution on the budget
    for a fiscal year has been agreed to pursuant to section 301, and before
    the end of such fiscal year, the two Houses may adopt a concurrent
    resolution on the budget which revises or reaffirms the concurrent
    resolution on the budget for such fiscal year most recently agreed to.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
    subsection (b), relating to maximum deficit amount requirements for
    revised budget resolutions, that had been added by the Balanced Budget
    and Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177), and
    redesignated the subsection on economic assumptions, originally added by
    Public Law 100-119, as (b). The latter subsection (b) was deleted by the
    Budget Enforcement Act of 1997 (sec. 10108, P.L. 105-33). Although not a
    section 304 revision, the House has by simple resolution modified
    amounts in House enforcement provisions of a concurrent resolution on
    the budget (sec. 2, H. Res. 665, July 22, 2009, p. 18581).

     provisions relating to the consideration of concurrent resolutions on
                                   the budget

      Sec. 305. (a) Procedure in House of Representatives After Report of
    Committee; Debate.--
              (1) When a concurrent resolution on the budget has been
            reported by the Committee on the Budget of the House of
            Representatives and has been referred to the appropriate
            calendar of the House, it shall be in order on any day
            thereafter, subject to clause 4 of rule XIII of the Rules of the
            House of Representatives, to move to proceed to the
            consideration of the concurrent reso

    [[Page 1064]]

            lution. The motion is highly privileged and is not debatable. An
            amendment to the motion is not in order and it is not in order
            to move to reconsider the vote by which the motion is agreed to
            or disagreed to.
              (2) General debate on any concurrent resolution on the budget
            in the House of Representatives shall be limited to not more
            than 10 hours, which shall be divided equally between the
            majority and minority parties, plus such additional hours of
            debate as are consumed pursuant to paragraph (3). A motion
            further to limit debate is not debatable. A motion to recommit
            the concurrent resolution is not in order, and it is not in
            order to move to reconsider the vote by which the concurrent
            resolution is agreed to or disagreed to.
              (3) Following the presentation of opening statements on the
            concurrent resolution on the budget for a fiscal year by the
            chairman and ranking minority member of the Committee on the
            Budget of the House, there shall be a period of up to four hours
            for debate on economic goals and policies.
              (4) Only if a concurrent resolution on the budget reported by
            the Committee on the Budget of the House sets forth the economic
            goals (as described in sections 3(a)(2) and (4)(b) of the Full
            Employment Act of 1946) which the estimates, amounts, and levels
            (as described in section 301(a)) set forth in such resolution
            are designed to achieve, shall it be in order to offer to such
            resolution an amendment relating to such goals, and such
            amendment shall be in order only if it also proposes to alter
            such estimates, amounts, and levels in germane fashion in order
            to be consistent with the goals proposed in such amendment.
              (5) Consideration of any concurrent resolution on the budget
            by the House of Representatives shall be in the Committee of the
            Whole, and the resolution shall be considered for amendment
            under the five-minute rule in accordance with the applicable
            provisions of rule XVIII of the Rules of the House of
            Representatives. After the Committee rises and reports the
            resolution back to the House, the previous question shall be
            considered as ordered on the resolution and any amendments
            thereto to final passage without intervening motion; except that
            it shall be in order at any time prior to final passage
            (notwithstanding any other rule or provision of law) to adopt an
            amendment (or a series of amendments) changing any figure or

    [[Page 1065]]

            figures in the resolution as so reported to the extent necessary
            to achieve mathematical consistency.
              (6) Debate in the House of Representatives on the conference
            report on any concurrent resolution on the budget shall be
            limited to not more than 5 hours, which shall be divided equally
            between the majority and minority parties. A motion further to
            limit debate is not debatable. A motion to recommit the
            conference report is not in order, and it is not in order to
            move to reconsider the vote by which the conference report is
            agreed to or disagreed to.
              (7) Appeals from decisions of the Chair relating to the
            application of the Rules of the House of Representatives to the
            procedure relating to any concurrent resolution on the budget
            shall be decided without debate.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended section 305 in several places, with the most
    important changes being the reduction in the availability requirement
    for the committee report on a budget resolution to five days (from 10)
    and the addition of a one-day availability requirement for any report
    thereon from the Committee on Rules. The Full Employment and Balanced
    Growth Act of 1978 (P.L. 95-523) amended this subsection by adding
    subparagraphs (3) and (4) and making conforming changes relating to
    debate and amendments on economic goals and policies during
    consideration of the first concurrent resolution on the budget in the
    House. A similar addition relating to Senate procedure was made in
    subparagraphs (3) and (4). The Budget Enforcement Act of 1997 (sec.
    10109, P.L. 105-33) amended section 305(a)(1) to provide a three-day
    layover requirement for the concurrent resolution on the budget.
      General debate on economic goals and policies under subsection (a)(3)
    must be confined to that subject (Apr. 23, 1980, p. 8815). Clause 10 of
    rule XVIII (former clause 8 of rule XXVIII), as added in the 95th
    Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) requires that any
    concurrent resolution on the budget (consisting of both aggregate totals
    and functional categories) be considered as read and open to amendment
    at any point, and unanimous consent is required to read such a
    concurrent resolution by section in order to allow amendments to
    aggregates to be considered before amendments to functional categories
    (May 2, 1978, pp. 12074, 12075). Clause 10 of rule XVIII (former clause
    8 of rule XXIII) was further amended in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to require that amendments to budget
    resolutions achieve mathematical consistency and contain all the matter
    set forth in subsections 301(a)(1) through (5). On one occasion, the
    chair of the Committee on the Budget offered a ``mathematical
    consistency'' amendment in Committee of the Whole, rather than in the
    House (Apr. 29, 1976, p. 11916).

    [[Page 1066]]

      A concurrent resolution on the budget is subject to a demand for a
    division of the question if, for example, the resolution grammatically
    and substantively relates to different fiscal years (May 7, 1980, pp.
    10185-87) or includes a separate, hortatory section having its own
    grammatical and substantive meaning (Mar. 5, 1992, p. 4675).
      Where a perfecting amendment changing several figures in a concurrent
    resolution on the budget was pending in Committee of the Whole, the
    Chair indicated that adoption of that amendment would preclude a further
    amendment merely changing those figures but would not preclude a more
    comprehensive amendment changing other (unamended) portions of the
    resolution (Apr. 28, 1976, p. 11599).
      Although under this paragraph there can be up to five hours of debate
    on a conference report on a concurrent resolution on the budget, where
    the conferees report in total disagreement, debate on the motion to
    dispose of the amendment in disagreement is under the ``hour rule'' and
    is equally divided and controlled between the majority and minority
    parties under clause 8(d) of rule XXII (former clause 2 of rule XXVIII)
    (May 13, 1976, p. 13756; Sept. 16, 1976, p. 30182).
      A concurrent resolution on the budget providing for the production of
    three separate reconciliation bills, including a reconciliation bill
    that lowers revenues, is privileged in the Senate under section 305(b)
    (May 21, 1996, pp. 11937-41).
      In the 96th Congress, for the first time, the Committee on Rules
    reported and the House adopted a special order permitting only certain
    designated amendments to be offered to a concurrent resolution on the
    budget (H. Res. 642, Apr. 23, 1980, p. 8789). The House has adopted
    similar ``modified-closed rules'' for the consideration of concurrent
    resolutions on the budget in each subsequent Congress. In the 98th
    Congress, a special order (H. Res. 144, Mar. 22, 1983, p. 6503) waiving
    the existing 10-day layover requirement of section 305(a)(1) was
    construed not to have waived the separate three-day layover requirement
    of clause 4 of rule XIII (former clause 2(l)(6) of rule XI, amended in
    the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39) to conform to the
    five-day layover requirement of this section). The House has adopted
    resolutions to deem budget resolutions, or portions thereof, to be in
    place for temporary enforcement (see annotations under section 301(b) of
    this Act).

      (b) Procedure in Senate After Report of Committee; Debate;
    Amendments.--
              (1) Debate in the Senate on any concurrent resolution on the
            budget, and all amendments thereto and debatable motions and
            appeals in connection therewith, shall be limited to not more
            than 50 hours, except that with respect to any concurrent
            resolution referred to in section 304 all such debate shall be
            limited to not more than 15 hours. The time shall be

    [[Page 1067]]

            equally divided between, and controlled by, the majority leader
            and the minority leader or their designees.
              (2) Debate in the Senate on any amendment to a concurrent
            resolution on the budget shall be limited to 2 hours, to be
            equally divided between, and controlled by, the mover and the
            manager of the concurrent resolution, and debate on any
            amendment to an amendment, debatable motion, or appeal shall be
            limited to 1 hour, to be equally divided between, and controlled
            by, the mover and the manager of the concurrent resolution,
            except that in the event the manager of the concurrent
            resolution is in favor of any such amendment, motion, or appeal,
            the time in opposition thereto shall be controlled by the
            minority leader or his designee. No amendment that is not
            germane to the provisions of such concurrent resolution shall be
            received. Such leaders, or either of them, may, from the time
            under their control on the passage of the concurrent resolution,
            allot additional time to any Senator during the consideration of
            any amendment, debatable motion, or appeal.
              (3) Following the presentation of opening statements on the
            concurrent resolution on the budget for a fiscal year by the
            chairman and ranking minority member of the Committee on the
            Budget of the Senate, there shall be a period of up to four
            hours for debate on economic goals and policies.
              (4) Subject to the other limitations of this Act, only if a
            concurrent resolution on the budget reported by the Committee on
            the Budget of the Senate sets forth the economic goals (as
            described in sections 3(a)(2) and 4(b) of the Employment Act of
            1946) which the estimates, amounts, and levels (as described in
            section 301(a)) set forth in such resolution are designed to
            achieve, shall it be in order to offer to such resolution an
            amendment relating to such goals, and such amendment shall be in
            order only if it also proposes to alter such estimates, amounts,
            and levels in germane fashion in order to be consistent with the
            goals proposed in such amendment.
              (5) A motion to further limit debate is not debatable. A
            motion to recommit (except a motion to recommit with
            instructions to report back within a specified number of days,
            not to exceed 3, not counting any day on which the Senate is not
            in session) is not in order. Debate on any such motion to
            recommit shall be lim

    [[Page 1068]]

            ited to 1 hour, to be equally divided between, and controlled
            by, the mover and the manager of the concurrent resolution.
              (6) Notwithstanding any other rule, an amendment or series of
            amendments to a concurrent resolution on the budget proposed in
            the Senate shall always be in order if such amendment or series
            of amendments proposes to change any figure or figures then
            contained in such concurrent resolution so as to make such
            concurrent resolution mathematically consistent or so as to
            maintain such consistency.

      (c) Action on Conference Reports in the Senate.--
              (1) A motion to proceed to the consideration of the conference
            report on any concurrent resolution on the budget (or a
            reconciliation bill or resolution) may be made even though a
            previous motion to the same effect has been disagreed to.
              (2) During the consideration in the Senate of the conference
            report (or a message between Houses) on any concurrent
            resolution on the budget, and all amendments in disagreement,
            and all amendments thereto, and debatable motions and appeals in
            connection therewith, debate shall be limited to 10 hours, to be
            equally divided between, and controlled by, the majority leader
            and minority leader or their designees. Debate on any debatable
            motion or appeal related to the conference report (or a message
            between Houses) shall be limited to 1 hour, to be equally
            divided between, and controlled by, the mover and the manager of
            the conference report (or a message between Houses).
              (3) Should the conference report be defeated, debate on any
            request for a new conference and the appointment of conferees
            shall be limited to 1 hour, to be equally divided between, and
            controlled by, the manager of the conference report and the
            minority leader or his designee, and should any motion be made
            to instruct the conferees before the conferees are named, debate
            on such motion shall be limited to one-half hour, to be equally
            divided between, and controlled by, the mover and the manager of
            the conference report. Debate on any amendment to any such
            instructions shall be limited to 20 minutes, to be equally
            divided between and controlled by the mover and the manager of
            the conference report. In all cases when the manager of the
            conference report is in favor of any

    [[Page 1069]]

            motion, appeal, or amendment, the time in opposition shall be
            under the control of the minority leader or his designee.
              (4) In any case in which there are amendments in disagreement,
            time on each amendment shall be limited to 30 minutes, to be
            equally divided between, and controlled by, the manager of the
            conference report and the minority leader or his designee. No
            amendment that is not germane to the provisions of such
            amendments shall be received.

      (d) Concurrent Resolution Must Be Consistent in the Senate.--It shall
    not be in order in the Senate to vote on the question of agreeing to--
              (1) a concurrent resolution on the budget unless the figures
            then contained in such resolution are mathematically consistent;
            or
              (2) a conference report on a concurrent resolution on the
            budget unless the figures contained in such resolution, as
            recommended in such conference report, are mathematically
            consistent.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
    subsection (d), which required action by budget conferees within seven
    days, and redesignated the succeeding subsection.

    legislation dealing with congressional budget must be handled by budget
                                   committees

      Sec. 306. (a) In the Senate.--In the Senate, no bill, resolution,
    amendment, motion, or conference report, dealing with any matter which
    is within the jurisdiction of the Committee on the Budget shall be
    considered unless it is a bill or resolution which has been reported by
    the Committee on the Budget (or from the consideration of which such
    committee has been discharged) or unless it is an amendment to such a
    bill or resolution.
      (b) In the House of Representatives.--In the House of Representatives,
    no bill or joint resolution, or amendment thereto, or conference report
    thereon, dealing with any matter which is within the jurisdiction of the
    Committee on the Budget shall be considered unless it is a bill or joint
    resolution which has been reported by the Committee on the Budget (or
    from the consideration of which such committee has been discharged) or
    unless it is an amendment to such a bill or joint resolution.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    this section to standardize its application to any bill, resolution,
    amend

    [[Page 1070]]

    ment, motion, or conference report. The Bipartisan Budget Act of 2013
    (div. A, P.L. 113-67) separated the section into two subsections to
    provide that the point of order applies in the House to a joint
    resolution but not any other resolution. This change codified separate
    orders adopted by the House from the 107th through 113th Congresses that
    construed the term ``resolution'' in the former unified section as
    ``joint resolution'' (sec. 3(b), H. Res. 5, Jan. 3, 2001, p. 24; sec.
    3(a)(1), H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(1), H. Res. 5, Jan.
    4, 2005, p. 44; sec. 511(a)(1), H. Res. 6, Jan. 4, 2007, p. 19 (adopted
    Jan. 5, 2007); sec. 3(a)(1), H. Res. 5, Jan. 6, 2009, p. 9; sec.
    3(a)(1), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(b)(1), H. Res. 5, Jan.
    3, 2013, p. _). The 104th and 105th Congresses expanded the legislative
    jurisdiction of the Committee on the Budget (sec. 202(a), H. Res. 6,
    Jan. 4, 1995, p. 463; sec. 5, H. Res. 5, Jan. 7, 1997, p. 121). See
    clause 1(e) of rule X, supra. Pursuant to section 4(a)(4) of the
    Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139), a
    designation regarding budgetary effects under that Act is not considered
    a matter within the jurisdiction of the Committee on the Budget for
    purposes of section 306 enforcement.
      A special order of business adopted by the House providing for
    consideration of an unreported concurrent resolution on the budget upon
    the Speaker's declaration that the House be resolved into the Committee
    of the Whole has the effect of discharging the Committee on the Budget
    when so announced by the Speaker, and need not contain the term
    ``discharge'' or waive points of order under this section, because the
    concurrent resolution is effectively discharged consistent with, and not
    in violation of, this section (Mar. 13, 1986, p. 4638).
      The following were held to violate this section: (1) an amendment
    directing that certain lease-purchase agreements be scored on an annual
    basis for budget purposes (July 19, 1999, p. 16615); and (2) an
    amendment designating an appropriation as ``emergency spending'' within
    the meaning of the budget-enforcement laws (Sept. 8, 1999, p. 20930).
      In the Senate, the following were held to violate this section: (1) to
    an omnibus revenue bill reported from the Committee on Finance
    containing certain tax credits, an amendment expressing the sense of
    Congress that under the Congressional Budget Act process the
    continuation of tax credits would be offset by reductions in Federal
    spending (June 18, 1976, pp. 19089-97); and (2) to a bill making
    comprehensive amendments to the Social Security Act, an amendment
    removing social security trust funds from the ``unified budget'' and
    establishing separate aggregate and functional categories in all
    concurrent resolutions on the budget for social security trust funds
    (Mar. 22, 1983, p. 6590).

      house committee action on all appropriation bills to be completed by
                                     june 10

      Sec. 307. On or before June 10 of each year, the Committee on
    Appropriations of the House of Representatives

    [[Page 1071]]

    shall report annual appropriation bills providing new budget authority
    under the jurisdiction of all of its subcommittees for the fiscal year
    which begins on October 1 of that year.

      This section was rewritten by the Balanced Budget and Emergency
    Deficit Control Act of 1985 (tit. II, P.L. 99-177) to establish June
    10th as the annual target date for completion of House committee action
    on all regular appropriation bills.

       reports, summaries, and projections of congressional budget actions

      Sec. 308. (a) Legislation Providing New Budget Authority or Providing
    an Increase or Decrease in Revenues or Tax Expenditures.--
              (1) Whenever a committee of either House reports to its House
            a bill or joint resolution, or committee amendment thereto,
            providing new budget authority (other than continuing
            appropriations) or providing an increase or decrease in revenues
            or tax expenditures for a fiscal year (or fiscal years), the
            report accompanying that bill or joint resolution shall contain
            a statement, or the committee shall make available such a
            statement in the case of an approved committee amendment which
            is not reported to its House, prepared after consultation with
            the Director of the Congressional Budget Office--
                      (A) comparing the levels in such measure to the
                    appropriate allocations in the reports submitted under
                    section 302(b) for the most recently agreed to
                    concurrent resolution on the budget for such fiscal year
                    (or fiscal years);
                      (B) containing a projection by the Congressional
                    Budget Office of how such measure will affect the levels
                    of such budget authority, budget outlays, revenues, or
                    tax expenditures under existing law for such fiscal year
                    (or fiscal years) and each of the four ensuing fiscal
                    years, if timely submitted before such report is filed;
                    and
                      (C) containing an estimate by the Congressional Budget
                    Office of the level of new budget authority for
                    assistance to State and local governments provided by
                    such measure, if timely submitted before such report is
                    filed.
              (2) Whenever a conference report is filed in either House and
            such conference report or any amendment

    [[Page 1072]]

            reported in disagreement or any amendment contained in the joint
            statement of managers to be proposed by the conferees in the
            case of technical disagreement on such bill or joint resolution
            provides new budget authority (other than continuing
            appropriations) or provides an increase or decrease in revenues
            for a fiscal year (or fiscal years), the statement of managers
            accompanying such conference report shall contain the
            information described in paragraph (1), if available on a timely
            basis. If such information is not available when the conference
            report is filed, the committee shall make such information
            available to Members as soon as practicable prior to the
            consideration of such conference report.
              (3) CBO paygo estimates.--
                      (A) The Chairs of the Committees on the Budget of the
                    House and Senate, as applicable, shall request from the
                    Director of the Congressional Budget Office an estimate
                    of the budgetary effects of PAYGO legislation.
                      (B) Estimates shall be prepared using baseline
                    estimates supplied by the Congressional Budget Office,
                    consistent with section 257 of the Balanced Budget and
                    Emergency Deficit Control Act of 1985.
                      (C) The Director shall not count timing shifts, as
                    that term is defined at section 3(8) of the Statutory
                    Pay-As-You-Go Act of 2010, in estimates of the budgetary
                    effects of PAYGO Legislation.

      (b) Up-To-Date Tabulations of Congressional Budget Action.--
              (1) The Director of the Congressional Budget Office shall
            issue to the committees of the House of Representatives and the
            Senate reports on at least a monthly basis detailing and
            tabulating the progress of congressional action on bills and
            joint resolutions providing new budget authority or providing an
            increase or decrease in revenues or tax expenditures for each
            fiscal year covered by a concurrent resolution on the budget.
            Such reports shall include but are not limited to an up-to-date
            tabulation comparing the appropriate aggregate and functional
            levels (including outlays) included in the most recently adopted
            concurrent resolution on the budget with the levels provided in
            bills and joint resolutions reported by committees or adopted by
            either House or by the Congress, and with the

    [[Page 1073]]

            levels provided by law for the fiscal year preceding the first
            fiscal year covered by the appropriate concurrent resolution.
              (2) The Committee on the Budget of each House shall make
            available to Members of its House summary budget scorekeeping
            reports. Such reports--
                      (A) shall be made available on at least a monthly
                    basis, but in any case frequently enough to provide
                    Members of each House an accurate representation of the
                    current status of congressional consideration of the
                    budget;
                      (B) shall include, but are not limited to summaries of
                    tabulations provided under subsection (b)(1); and
                      (C) shall be based on information provided under
                    subsection (b)(1) without substantive revision.
    The chairman of the Committee on the Budget of the House of
    Representatives shall submit such reports to the Speaker.

      (c) Five-Year Projection of Congressional Budget Act.--As soon as
    practicable after the beginning of each fiscal year, the Director of the
    Congressional Budget Office shall issue a report projecting for the
    period of 5 fiscal years beginning with such fiscal year--
              (1) total new budget authority and total budget outlays for
            each fiscal year in such period;
              (2) revenues to be received and the major sources thereof, and
            the surplus or deficit, if any, for each fiscal year in such
            period;
              (3) tax expenditures for each fiscal year in such period; and
              (4) entitlement authority for each fiscal year in such period.
      (d) Scorekeeping Guidelines.--Estimates under this section shall be
    provided in accordance with the scorekeeping guidelines determined under
    section 252(d)(5) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) expanded the scope of subsection (a) to apply not only
    to reports on legislation providing budget authority and tax
    expenditures but also to reports on legislation providing new spending
    authority, new credit authority, and changes in revenues. That law also
    added the requirement that the same information be available to Members
    before consider

    [[Page 1074]]

    ation of conference reports or amendments in disagreement on such
    legislation, as well as subsections (b) and (c). The Budget Enforcement
    Act of 1990 (tit. XIII, P.L. 101-508) made conforming changes to
    subsections (a) and (b) to reflect the advent of five-year budget
    resolutions. Certain technical and conforming changes were made to this
    section by the Budget Enforcement Act of 1997 (sec. 10110, P.L. 105-33).
    The Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139) added
    subsections (a)(3) and (d).
      Section 308(a)(1) does not apply either to the consideration or to the
    adoption of a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of an amendment providing new
    budget authority, because the amendment is not separately before the
    House during consideration of the special order (but only when the bill
    of which it becomes a part is before the House), and because it is the
    amendment itself, and not the special order resolution, that provides
    the new budget authority (Feb. 24, 1993, p. 3543). A committee cost
    estimate identifying certain spending authority as recurring annually
    and indefinitely was held necessarily to address the five-year period
    required by this section (Nov. 20, 1993, p. 31354).

                  house approval of regular appropriation bills

      Sec. 309. It shall not be in order in the House of Representatives to
    consider any resolution providing for an adjournment period of more than
    three calendar days during the month of July until the House of
    Representatives has approved annual appropriation bills providing new
    budget authority under the jurisdiction of all the subcommittees of the
    Committee on Appropriations for the fiscal year beginning on October 1
    of such year. For purposes of this section, the chairman of the
    Committee on Appropriations of the House of Representatives shall
    periodically advise the Speaker as to changes in jurisdiction among its
    various subcommittees.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) added this section. See also section 310(f), infra.

                                 reconciliation

      Sec. 310. (a) Inclusion of Reconciliation Directives in Concurrent
    Resolutions on the Budget.--A concurrent resolution on the budget for
    any fiscal year, to the extent necessary to effectuate the provisions
    and requirements of such resolution, shall--
              (1) specify the total amount by which--
                      (A) new budget authority for such fiscal year;

    [[Page 1075]]

                      (B) budget authority initially provided for prior
                    fiscal years;
                      (C) new entitlement authority which is to become
                    effective during such fiscal year; and
                      (D) credit authority for such fiscal year,
            contained in laws, bills, and resolutions within the
            jurisdiction of a committee is to be changed and direct that
            committee to determine and recommend changes to accomplish a
            change of such total amount;
              (2) specify the total amount by which revenues are to be
            changed and direct that the committees having jurisdiction to
            determine and recommend changes in the revenue laws, bills, and
            resolutions to accomplish a change of such total amount;
              (3) specify the amounts by which the statutory limit on the
            public debt is to be changed and direct the committee having
            jurisdiction to recommend such change; or
              (4) specify and direct any combination of the matters
            described in paragraphs (1), (2), and (3) (including a direction
            to achieve deficit reduction).

      (b) Legislative Procedure.--If a concurrent resolution containing
    directives to one or more committees to determine and recommend changes
    in laws, bills, or resolutions is agreed to in accordance with
    subsection (a), and--
              (1) only one committee of the House or the Senate is directed
            to determine and recommend changes, that committee shall
            promptly make such determination and recommendations and report
            to its House reconciliation legislation containing such
            recommendations; or
              (2) more than one committee of the House or the Senate is
            directed to determine and recommend changes, each such committee
            so directed shall promptly make such determination and
            recommendations and submit such recommendations to the Committee
            on the Budget of its House, which upon receiving all such
            recommendations, shall report to its House reconciliation
            legislation carrying out all such recommendations without any
            substantive revision.
    For purposes of this subsection, a reconciliation resolution is a
    concurrent resolution directing the Clerk of the House of
    Representatives or the Secretary of the Senate, as the case may be, to
    make specified changes in bills and resolutions which have not been
    enrolled.

    [[Page 1076]]

      (c) Compliance With Reconciliation Directions.--(1) Any committee of
    the House of Representatives or the Senate that is directed, pursuant to
    a concurrent resolution on the budget, to determine and recommend
    changes of the type described in paragraphs (1) and (2) of subsection
    (a) with respect to laws within its jurisdiction, shall be deemed to
    have complied with such directions--
              (A) if--
                      (i) the amount of the changes of the type described in
                    paragraph (1) of such subsection recommended by such
                    committee do not exceed or fall below the amount of the
                    changes such committee was directed by such concurrent
                    resolution to recommend under that paragraph by more
                    than--
                            (I) in the Senate, 20 percent of the total of
                        the amounts of the changes such committee was
                        directed to make under paragraphs (1) and (2) of
                        such subsection; or
                            (II) in the House of Representatives, 20 percent
                        of the sum of the absolute value of the changes the
                        committee was directed to make under paragraph (1)
                        and the absolute value of the changes the committee
                        was directed to make under paragraph (2); and
                      (ii) the amount of the changes of the type described
                    in paragraph (2) of such subsection recommended by such
                    committee do not exceed or fall below the amount of the
                    changes such committee was directed by such concurrent
                    resolution to recommend under that paragraph by more
                    than--
                            (I) in the Senate, 20 percent of the total of
                        the amounts of the changes such committee was
                        directed to make under paragraphs (1) and (2) of
                        such subsection; or
                            (II) in the House of Representatives, 20 percent
                        of the sum of the absolute value of the changes the
                        committee was directed to make under paragraph (1)
                        and the absolute value of the changes the committee
                        was directed to make under paragraph (2); and
              (B) if the total amount of the changes recommended by such
            committee is not less than the total of the amounts of the
            changes such committee was directed

    [[Page 1077]]

            to make under paragraphs (1) and (2) of such subsection.
              (2)(A) Upon the reporting to the Committee on the Budget of
            the Senate of a recommendation that shall be deemed to have
            complied with such directions solely by virtue of this
            subsection, the chairman of that committee may file with the
            Senate appropriately revised allocations under section 302(a)
            and revised functional levels and aggregates to carry out this
            subsection.
                  (B) Upon the submission to the Senate of a conference
                report recommending a reconciliation bill or resolution in
                which a committee shall be deemed to have complied with such
                directions solely by virtue of this subsection, the chairman
                of the Committee on the Budget of the Senate may file with
                the Senate appropriately revised allocations under section
                302(a) and revised functional levels and aggregates to carry
                out this subsection.
                  (C) Allocations, functional levels, and aggregates revised
                pursuant to this paragraph shall be considered to be
                allocations, functional levels, and aggregates contained in
                the concurrent resolution on the budget pursuant to section
                301.
                  (D) Upon the filing of revised allocations pursuant to
                this paragraph, the reporting committee shall report revised
                allocations pursuant to section 302(b) to carry out this
                subsection.

      (d) Limitation on Amendments to Reconciliation Bills and
    Resolutions.--
              (1) It shall not be in order in the House of Representatives
            to consider any amendment to a reconciliation bill or
            reconciliation resolution if such amendment would have the
            effect of increasing any specific budget outlays above the level
            of such outlays provided in the bill or resolution (for the
            fiscal years covered by the reconciliation instructions set
            forth in the most recently agreed to concurrent resolution on
            the budget), or would have the effect of reducing any specific
            Federal revenues below the level of such revenues provided in
            the bill or resolution (for such fiscal years), unless such
            amendment makes at least an equivalent reduction in other
            specific budget outlays, an equivalent increase in other
            specific Federal revenues, or an equivalent combination thereof
            (for such fiscal years), except that a motion to strike a
            provision

    [[Page 1078]]

            providing new budget authority or new entitlement authority may
            be in order.
              (2) It shall not be in order in the Senate to consider any
            amendment to a reconciliation bill or reconciliation resolution
            if such amendment would have the effect of decreasing any
            specific budget outlay reductions below the level of such outlay
            reductions provided (for the fiscal years covered) in the
            reconciliation instructions which relate to such bill or
            resolution set forth in a resolution providing for
            reconciliation, or would have the effect of reducing Federal
            revenue increases below the level of such revenue increases
            provided (for such fiscal years) in such instructions relating
            to such bill or resolution, unless such amendment makes a
            reduction in other specific budget outlays, an increase in other
            specific Federal revenues, or a combination thereof (for such
            fiscal years) at least equivalent to any increase in outlays or
            decrease in revenues provided by such amendment, except that a
            motion to strike a provision shall always be in order.
              (3) Paragraphs (1) and (2) shall not apply if a declaration of
            war by the Congress is in effect.
              (4) For purposes of this section, the levels of budget outlays
            and Federal revenues for a fiscal year shall be determined on
            the basis of estimates made by the Committee on the Budget of
            the House of Representatives or of the Senate, as the case may
            be.
              (5) The Committee on Rules of the House of Representatives may
            make in order amendments to achieve changes specified by
            reconciliation directives contained in a concurrent resolution
            on the budget if a committee or committees of the House fail to
            submit recommended changes to its Committee on the Budget
            pursuant to its instruction.
      (e) Procedure in the Senate.--
              (1) Except as provided in paragraph (2), the provisions of
            section 305 for the consideration in the Senate of concurrent
            resolutions on the budget and conference reports thereon shall
            also apply to the consideration in the Senate of reconciliation
            bills reported under subsection (b) and conference reports
            thereon.
              (2) Debate in the Senate on any reconciliation bill reported
            under subsection (b), and all amendments thereto and debatable
            motions and appeals in connec

    [[Page 1079]]

            tion therewith, shall be limited to not more than 20 hours.

      (f) Completion of Reconciliation Process.--It shall not be in order in
    the House of Representatives to consider any resolution providing for an
    adjournment period of more than three calendar days during the month of
    July until the House of Representatives has completed action on the
    reconciliation legislation for the fiscal year beginning on October 1 of
    the calendar year to which the adjournment resolution pertains, if
    reconciliation legislation is required to be reported by the concurrent
    resolution on the budget for such fiscal year.
      (g) Limitation on Changes to the Social Security Act.--Notwithstanding
    any other provision of law, it shall not be in order in the Senate or
    the House of Representatives to consider any reconciliation bill or
    reconciliation resolution reported pursuant to a concurrent resolution
    on the budget agreed to under section 301 or 304, or a joint resolution
    pursuant to section 258C of the Balanced Budget and Emergency Deficit
    Control Act of 1985, or any amendment thereto or conference report
    thereon, that contains recommendations with respect to the old-age,
    survivors, and disability insurance program established under title II
    of the Social Security Act.

      Until the enactment of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (tit. II, P.L. 99-177) this section required
    Congress to complete action on a concurrent resolution on the budget,
    normally the second for that fiscal year, reaffirming or revising the
    most recently agreed to concurrent resolution on the budget. It also
    permitted the second budget resolution to implement the reconciliation
    process (instructions to committees to make changes in law necessary to
    achieve the changes in spending or revenues contemplated by the budget
    resolution). The Balanced Budget and Emergency Deficit Control Act of
    1985 (tit. II, P.L. 99-177) amended subsection (a) to eliminate the
    requirement for subsequent budget resolutions and specified the
    reconciliation process in greater detail by adding paragraph (1)(D) to
    subsection (a) along with new subsections (b) through (g). The Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended subsection
    (c), relating to adjustments to allocations in the Senate, and deleted
    from subsection (f) a June 15 deadline for congressional action on
    reconciliation. The Budget Enforcement Act of 1997 (sec. 10111, P.L.
    105-33) amended section 310(c)(1)(A) to clarify that committees, in
    meeting their reconciliation targets, may alternatively substitute
    revenue and spending changes by up to 20 percent of the sum of the
    absolute value of reconciled changes as long as the result does not
    increase the deficit

    [[Page 1080]]

    relative to the reconciliation instructions. Clause 7 of rule XXI places
    restrictions on reconciliation directives relative to direct spending.

          budget-related legislation must be within appropriate levels

      Sec. 311. (a) Enforcement of Budget Aggregates.--
              (1) In the house of representatives.--Except as provided by
            subsection (c), after the Congress has completed action on a
            concurrent resolution on the budget for a fiscal year, it shall
            not be in order in the House of Representatives to consider any
            bill, joint resolution, amendment, motion, or conference report
            providing new budget authority or reducing revenues, if--
                      (A) the enactment of that bill or resolution as
                    reported;
                      (B) the adoption and enactment of that amendment; or
                      (C) the enactment of that bill or resolution in the
                    form recommended in that conference report;
            would cause the level of total new budget authority or total
            outlays set forth in the applicable concurrent resolution on the
            budget for the first fiscal year to be exceeded, or would cause
            revenues to be less than the level of total revenues set forth
            in that concurrent resolution for the first fiscal year or for
            the total of that first fiscal year and the ensuing fiscal years
            for which allocations are provided under section 302(a), except
            when a declaration of war by the Congress is in effect.
              (2) In the senate.--After a concurrent resolution on the
            budget is agreed to, it shall not be in order in the Senate to
            consider any bill, joint resolution, amendment, motion, or
            conference report that--
                      (A) would cause the level of total new budget
                    authority or total outlays set forth for the first
                    fiscal year in the applicable resolution to be exceeded;
                    or
                      (B) would cause revenues to be less than the level of
                    total revenues set forth for that first fiscal year or
                    for the total of that first fiscal year and the ensuing
                    fiscal years in the applicable resolution for which
                    allocations are provided under section 302(a).
              (3) Enforcement of social security levels in the senate.--
            After a concurrent resolution on the budget is agreed to, it
            shall not be in order in the Senate to consider any bill, joint
            resolution, amendment,

    [[Page 1081]]

            motion, or conference report that would cause a decrease in
            social security surpluses or an increase in social security
            deficits relative to the levels set forth in the applicable
            resolution for the first fiscal year or for the total of that
            fiscal year and the ensuing fiscal years for which allocations
            are provided under section 302(a).
      (b) Social Security Levels.--
              (1) In General.--For purposes of subsection (a)(3), social
            security surpluses equal the excess of social security revenues
            over social security outlays in a fiscal year or years with such
            an excess and social security deficits equal the excess of
            social security outlays over social security revenues in a
            fiscal year or years with such an excess.
              (2) Tax Treatment.--For purposes of subsection (a)(3), no
            provision of any legislation involving a change in chapter 1 of
            the Internal Revenue Code of 1986 shall be treated as affecting
            the amount of social security revenues or outlays unless that
            provision changes the income tax treatment of social security
            benefits.
      (c) Exception in the House of Representatives.--Subsection (a)(1)
    shall not apply in the House of Representatives to any bill, joint
    resolution, or amendment that provides new budget authority for a fiscal
    year or to any conference report on any such bill or resolution, if--
              (1) the enactment of that bill or resolution as reported;
              (2) the adoption and enactment of that amendment; or
              (3) the enactment of that bill or resolution in the form
            recommended in that conference report;
    would not cause the appropriate allocation of new budget authority made
    pursuant to section 302(a) for that fiscal year to be exceeded.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    subsection (a) by: (1) standardizing its application to any bill, joint
    resolution, amendment, motion, or conference report; (2) adding the
    exception for the case of a declaration of war; and (3) adding a new
    paragraph (2) relating to Senate procedure. The Balanced Budget and
    Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177) made
    important changes in this section by codifying in subsection (b) the
    exception for the House that previously had appeared in the budget
    resolution, and by adding subsection (c). The Budget Enforcement Act of
    1997 (sec. 10112, P.L. 105-33) further amended this section by: (1)
    eliminating references to ``new entitlement

    [[Page 1082]]

    authority''; (2) modifying Senate procedure; and (3) enforcing the
    revenue level for the same multiyear period covered by the allocations
    under section 302(a).
      Clause 8 of rule XXI, adopted in the 110th Congress, provides that
    points of order under title III of the Budget Act apply to unreported
    measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
    2007)). Previously, a point of order under section 311(a) operated with
    respect to a bill or joint resolution in its reported state and thus did
    not lie against consideration of an unreported measure (Mar. 21, 1995,
    p. 8491). The budget resolution deemed in place for fiscal year 2005
    provided that, for purposes of titles II and III of the Budget Act, the
    term ``amendment'' or ``amendment thereto'' means an amendment offered
    or an amendment made in order as original text or considered as adopted
    by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong.,
    May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004,
    p. 10105, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p.
    44). The House has adopted resolutions to deem budget resolutions, or
    portions thereof, to be in place for temporary enforcement (see
    annotations under section 301(b) of this Act). A point of order under
    this section is untimely after consideration of the measure has begun
    (July 11, 2014, p. _).
      To an appropriation bill already containing new budget outlays in
    excess of the total level permitted by the second concurrent resolution
    on the budget for that fiscal year, where the bill was considered under
    a waiver of section 311(a) of the Budget Act, an amendment striking a
    proposed rescission of existing budget authority that had the effect of
    causing the net total of new budget authority in the bill to be
    increased was ruled out in the House as in violation of section 311(a),
    as further exceeding the total budget outlay ceiling in the second
    concurrent resolution on the budget (May 12, 1981, pp. 9314, 15). An
    amendment that provides no new budget authority or outlays but instead
    results in outlay savings is not subject to a point of order under
    section 311(a) (June 30, 1987, p. 18308).
      The Chair relied on estimates furnished by the Committee on the Budget
    to hold that a motion to amend a Senate amendment providing new budget
    authority for official mail costs to be available immediately violated
    section 311(a) because the appropriate level of new budget authority
    contained in the budget resolution had already been exceeded and because
    the Appropriations Committee had exceeded its section 302(a) allocation
    (thereby rendering the section 311(b) exception inapplicable) (Sept. 28,
    1989, p. 22267).
      In the Senate, the Chair sustained a point of order (later withdrawn)
    against an amendment that had the effect of reducing revenues for fiscal
    year 1977 below the total level of revenues contained in the final
    concurrent resolution on the budget for that year, in violation of
    section 311(a) (Oct. 1, 1976, p. 34557). Similarly, a motion in the
    Senate to recommit a bill with instructions to report it back with an
    amendment to the Internal Revenue Code delaying the implementation of
    withholding on interest and

    [[Page 1083]]

    dividends was held (in response to a parliamentary inquiry) to be
    subject to a point of order because the amendment would cause revenues
    to be less than the appropriate level provided in the budget resolution
    for that year (where S. Con. Res. 92 of the 97th Congress, the first
    budget resolution for fiscal year 1985, provided that if a second budget
    resolution was not adopted by October 1, 1982, then section 311 would be
    enforced based on the aggregate figures contained in that resolution)
    (Apr. 20, 1983, pp. 9131, 9151). A point of order was sustained (and
    upheld on appeal) in the Senate against consideration of an amendment
    reducing the amount of a rescission of appropriated funds where the
    effect was to increase the net amount of total budget outlays contained
    in the bill to a level that, when taken together with other spending
    actions already completed by Congress, exceeded the total amount of
    budget outlays provided for the current fiscal year in the third budget
    resolution, in violation of section 311 (June 27, 1980, pp. 17478,
    17479). Also in the Senate, to a bill making comprehensive changes in
    the Social Security Act being considered at a time when the revenue
    floor established by the second concurrent resolution on the budget for
    that fiscal year had already been breached, an amendment to the Internal
    Revenue Code to delay interest and dividend withholding during that
    fiscal year was held to constitute a further revenue reduction and to
    violate section 311 (Vice President Bush, Mar. 22, 1983, p. 6573). An
    amendment in the Senate to a Defense Department authorization bill,
    providing a new entitlement program of educational assistance to members
    and veterans of the armed forces, to become effective in a future fiscal
    year or at any earlier time if so determined by the President, was held
    to allow new entitlement spending for the current fiscal year and to
    breach the applicable budget total, in violation of section 311 (July
    13, 1983, p. 19018).

                       determinations and points of order

      Sec. 312. (a) Budget Committee Determinations.--For purposes of this
    title and title IV, the levels of new budget authority, outlays, direct
    spending, new entitlement authority, and revenues for a fiscal year
    shall be determined on the basis of estimates made by the Committee on
    the Budget of the House of Representatives or the Senate, as applicable.
      (b) Discretionary Spending Point of Order in the Senate.--
              (1) In General.--Except as otherwise provided in this
            subsection, it shall not be in order in the Senate to consider
            any bill or resolution (or amendment, motion, or conference
            report on that bill or resolution) that would exceed any of the
            discretionary spending limits in section 251(c) of the Balanced
            Budget and Emergency Deficit Control Act of 1985.

    [[Page 1084]]

              (2) Exceptions.--This subsection shall not apply if a
            declaration of war by the Congress is in effect or if a joint
            resolution pursuant to section 258 of the Balanced Budget and
            Emergency Deficit Control Act of 1985 has been enacted.
      (c) Maximum Deficit Amount Point of Order in the Senate.--It shall not
    be in order in the Senate to consider any concurrent resolution on the
    budget for a fiscal year, or to consider any amendment to that
    concurrent resolution, or to consider a conference report on that
    concurrent resolution, if--
              (1) the level of total outlays for the first fiscal year set
            forth in that concurrent resolution or conference report
            exceeds; or
              (2) the adoption of that amendment would result in a level of
            total outlays for that fiscal year that exceeds;
    the recommended level of Federal revenues for that fiscal year, by an
    amount that is greater than the maximum deficit amount, if any,
    specified in the Balanced Budget and Emergency Deficit Control Act of
    1985 for that fiscal year.
      (d) Timing of Points of Order in the Senate.--A point of order under
    this Act may not be raised against a bill, resolution, amendment,
    motion, or conference report while an amendment or motion, the adoption
    of which would remedy the violation of this Act, is pending before the
    Senate.
      (e) Points of Order in the Senate Against Amendments Between the
    Houses.--Each provision of this Act that establishes a point of order
    against an amendment also establishes a point of order in the Senate
    against an amendment between the Houses. If a point of order under this
    Act is raised in the Senate against an amendment between the Houses and
    the point of order is sustained, the effect shall be the same as if the
    Senate had disagreed to the amendment.
      (f) Effect of a Point of Order in the Senate.--In the Senate, if a
    point of order under this Act against a bill or resolution is sustained,
    the Presiding Officer shall then recommit the bill or resolution to the
    committee of appropriate jurisdiction for further consideration.

      Section 312 was added by the Budget Enforcement Act of 1990 (tit.
    XIII, P.L. 101-508). The section was amended by the Budget Enforcement
    Act of 1997 (sec. 10113, P.L. 105-33) to: (1) clarify the responsibility
    of the Committee on the Budget to provide estimates to the Chair upon
    which

    [[Page 1085]]

    points of order under the Congressional Budget Act are evaluated; and
    (2) modify Senate procedure. The concurrent resolution on the budget for
    fiscal year 2000 included a point of order against consideration in the
    House or Senate of a concurrent resolution on the budget for fiscal year
    2001, or any amendment thereto or conference report thereon, that sets
    forth a deficit for any fiscal year (as determined by the Committee on
    the Budget) (sec. 201, H. Con. Res. 68, 106th Cong., Apr. 13, 1999, p.
    6337). Pursuant to clause 4 of rule XXIX, estimates may be provided by
    the chair of the Committee on the Budget.

                 extraneous matter in reconciliation legislation

      Sec. 313. (a) In General.--When the Senate is considering a
    reconciliation bill or a reconciliation resolution pursuant to section
    310 (whether that bill or resolution originated in the Senate or the
    House) or section 258C of the Balanced Budget and Emergency Deficit
    Control Act of 1985, upon a point of order being made by any Senator
    against material extraneous to the instructions to a committee which is
    contained in any title or provision of the bill or resolution or offered
    as an amendment to the bill or resolution, and the point of order is
    sustained by the Chair, any part of said title or provision that
    contains material extraneous to the instructions to said Committee as
    defined in subsection (b) shall be deemed stricken from the bill and may
    not be offered as an amendment from the floor.

      (b) Extraneous Provisions.--(1)(A) Except as provided in paragraph
    (2), a provision of a reconciliation bill or reconciliation resolution
    considered pursuant to section 310 shall be considered extraneous if
    such provision does not produce a change in outlays or revenue,
    including changes in outlays and revenues brought about by changes in
    the terms and conditions under which outlays are made or revenues are
    required to be collected (but a provision in which outlay decreases or
    revenue increases exactly offset outlay increases or revenue decreases
    shall not be considered extraneous by virtue of this subparagraph); (B)
    any provision producing an increase in outlays or decrease in revenues
    shall be considered extraneous if the net effect of provisions reported
    by the Committee reporting the title containing the provision is that
    the Committee fails to achieve its reconciliation instructions; (C) a
    provision that is not in the jurisdiction of the Committee with
    jurisdiction over said title or provision shall be considered
    extraneous; (D) a provision shall be considered extraneous if it
    produces changes in outlays or revenues which are merely

    [[Page 1086]]

    incidental to the non-budgetary components of the provision; (E) a
    provision shall be considered to be extraneous if it increases, or would
    increase, net outlays, or if it decreases, or would decrease, revenues
    during a fiscal year after the fiscal years covered by such
    reconciliation bill or reconciliation resolution, and such increases or
    decreases are greater than outlay reductions or revenue increases
    resulting from other provisions in such title in such year; and (F) a
    provision shall be considered extraneous if it violates section 310(g).
      (2) A Senate-originated provision shall not be considered extraneous
    under paragraph (1)(A) if the Chairman and Ranking Minority Member of
    the Committee on the Budget and the Chairman and Ranking Minority Member
    of the Committee which reported the provision certify that: (A) the
    provision mitigates direct effects clearly attributable to a provision
    changing outlays or revenue and both provisions together produce a net
    reduction in the deficit; (B) the provision will result in a substantial
    reduction in outlays or a substantial increase in revenues during fiscal
    years after the fiscal years covered by the reconciliation bill or
    reconciliation resolution; (C) a reduction of outlays or an increase in
    revenues is likely to occur as a result of the provision, in the event
    of new regulations authorized by the provision or likely to be proposed,
    court rulings on pending litigation, or relationships between economic
    indices and stipulated statutory triggers pertaining to the provision,
    other than the regulations, court rulings or relationships currently
    projected by the Congressional Budget Office for scorekeeping purposes;
    or (D) such provision will be likely to produce a significant reduction
    in outlays or increase in revenues but, due to insufficient data, such
    reduction or increase cannot be reliably estimated.
      (3) A provision reported by a committee shall not be considered
    extraneous under paragraph (1)(C) if (A) the provision is an integral
    part of a provision or title, which if introduced as a bill or
    resolution would be referred to such committee, and the provision sets
    forth the procedure to carry out or implement the substantive provisions
    that were reported and which fall within the jurisdiction of such
    committee; or (B) the provision states an exception to, or a special
    application of, the general provision or title of which it is a part and
    such general provision or title if introduced as a bill or resolution
    would be referred to such committee.

    [[Page 1087]]

      (c) Extraneous Materials.--Upon the reporting or discharge of a
    reconciliation bill or resolution pursuant to section 310 in the Senate,
    and again upon the submission of a conference report on such a
    reconciliation bill or resolution, the Committee on the Budget of the
    Senate shall submit for the record a list of material considered to be
    extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
    section to the instructions of a committee as provided in this section.
    The inclusion or exclusion of a provision shall not constitute a
    determination of extraneousness by the Presiding Officer of the Senate.

      (d) Conference Reports.--When the Senate is considering a conference
    report on, or an amendment between the Houses in relation to, a
    reconciliation bill or reconciliation resolution pursuant to section
    310, upon--
              (1) a point of order being made by any Senator against
            extraneous material meeting the definition of subsections
            (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and
              (2) such point of order being sustained,
    such material contained in such conference report or amendment shall be
    deemed stricken, and the Senate shall proceed, without intervening
    action or motion, to consider the question of whether the Senate shall
    recede from its amendment and concur with a further amendment, or concur
    in the House amendment with a further amendment, as the case may be,
    which further amendment shall consist of only that portion of the
    conference report or House amendment, as the case may be, not so
    stricken. Any such motion in the Senate shall be debatable for two
    hours. In any case in which such point of order is sustained against a
    conference report (or Senate amendment derived from such conference
    report by operation of this subsection), no further amendment shall be
    in order.

      (e) General Point of Order.--Notwithstanding any other law or rule of
    the Senate, it shall be in order for a Senator to raise a single point
    of order that several provisions of a bill, resolution, amendment,
    motion, or conference report violate this section. The Presiding Officer
    may sustain the point of order as to some or all of the provisions
    against which the Senator raised the point of order. If the Presiding
    Officer so sustains the point of order as to some of the provisions
    (including provisions of an amendment, motion, or conference report)
    against

    [[Page 1088]]

    which the Senator raised the point of order, then only those provisions
    (including provisions of an amendment, motion, or conference report)
    against which the Presiding Officer sustains the point of order shall be
    deemed stricken pursuant to this section. Before the Presiding Officer
    rules on such a point of order, any Senator may move to waive such a
    point of order as it applies to some or all of the provisions against
    which the point of order was raised. Such a motion to waive is amendable
    in accordance with the rules and precedents of the Senate. After the
    Presiding Officer rules on such a point of order, any Senator may appeal
    the ruling of the Presiding Officer on such a point of order as it
    applies to some or all of the provisions on which the Presiding Officer
    ruled.

      Section 313, popularly known as the ``Byrd Rule,'' was added by the
    Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). The Budget
    Enforcement Act of 1997 effected a technical correction to this section
    (sec. 10113, P.L. 105-33). Changes in outlays or revenues are not
    rendered incidental under this section simply by their insusceptibility
    to measurement (Aug. 6, 1993, p. 19764). A provision that achieved a net
    reduction in revenue beyond the 10-year directive of the concurrent
    resolution on the budget was stricken under this section (July 28, 1999,
    pp. 18172, 18178). An amendment expressing the sense of the Senate
    presents nonbinding language with no budgetary effect and is, therefore,
    in violation of this section (Oct. 27, 1995, p. 30379).

                                   adjustments

      Sec. 314. (a) Adjustments.--After the reporting of a bill or joint
    resolution or the offering of an amendment thereto or the submission of
    a conference report thereon, the chairman of the Committee on the Budget
    of the House of Representatives or the Senate may make appropriate
    budgetary adjustments of new budget authority and the outlays flowing
    therefrom in the same amount as required by section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.
      (b) Application of Adjustments.--The adjustments made pursuant to
    subsection (a) for legislation shall--
              (1) apply while that legislation is under consideration;
              (2) take effect upon the enactment of that legislation; and
              (3) be published in the Congressional Record as soon as
            practicable.

    [[Page 1089]]

      (c) Reporting Revised Suballocations.--Following any adjustment made
    under subsection (a), the Committees on Appropriations of the Senate and
    the House of Representatives may report appropriately revised
    suballocations under section 302(b) to carry out this section.
      (d) Emergencies in the House of Representatives.--(1) In the House of
    Representatives, if a reported bill or joint resolution, or amendment
    thereto or conference report thereon, contains a provision providing new
    budget authority and outlays or reducing revenue, and a designation of
    such provision as an emergency requirement pursuant to 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985, the chair
    of the Committee on the Budget of the House of Representatives shall not
    count the budgetary effects of such provision for purposes of title III
    and title IV of the Congressional Budget Act of 1974 and the Rules of
    the House of Representatives.
      (2)(A) In the House of Representatives, a proposal to strike a
    designation under paragraph (1) shall be excluded from an evaluation of
    budgetary effects for purposes of this title and title IV and the Rules
    of the House of Representatives.
      (B) An amendment offered under subparagraph (A) that also proposes to
    reduce each amount appropriated or otherwise made available by the
    pending measure that is not required to be appropriated or otherwise
    made available shall be in order at any point in the reading of the
    pending measure.
      (e) Senate Point of Order Against an Emergency Designation.--
              (1) In General.--When the Senate is considering a bill,
            resolution, amendment, motion, amendment between the Houses, or
            conference report, if a point of order is made by a Senator
            against an emergency designation in that measure, that provision
            making such a designation shall be stricken from the measure and
            may not be offered as an amendment from the floor.
              (2) Supermajority Waiver and Appeals.--
                      (A) Waiver.--Paragraph (1) may be waived or suspended
                    in the Senate only by an affirmative vote of three-
                    fifths of the Members, duly chosen and sworn.
                      (B) Appeals.--Appeals in the Senate from the decisions
                    of the Chair relating to any provision of this
                    subsection shall be limited to 1 hour, to be

    [[Page 1090]]

                    equally divided between, and controlled by, the
                    appellant and the manager of the bill or joint
                    resolution, as the case may be. An affirmative vote of
                    three-fifths of the Members of the Senate, duly chosen
                    and sworn, shall be required to sustain an appeal of the
                    ruling of the Chair on a point of order raised under
                    this subsection.
              (3) Definition of an Emergency Designation.--For purposes of
            paragraph (1), a provision shall be considered an emergency
            designation if it designates any item pursuant to section
            251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
            Control Act of 1985.
              (4) Form of the point of order.--A point of order under
            paragraph (1) may be raised by a Senator as provided in section
            313(e) of the Congressional Budget Act of 1974.
              (5) Conference Reports.--When the Senate is considering a
            conference report on, or an amendment between the Houses in
            relation to, a bill, upon a point of order being made by any
            Senator pursuant to this section, and such point of order being
            sustained, such material contained in such conference report
            shall be deemed stricken, and the Senate shall proceed to
            consider the question of whether the Senate shall recede from
            its amendment and concur with a further amendment, or concur in
            the House amendment with a further amendment, as the case may
            be, which further amendment shall consist of only that portion
            of the conference report or House amendment, as the case may be,
            not so stricken. Any such motion in the Senate shall be
            debatable. In any case in which such point of order is sustained
            against a conference report (or Senate amendment derived from
            such conference report by operation of this subsection), no
            further amendment shall be in order.
      (f) Enforcement of Discretionary Spending Caps.--It shall not be in
    order in the House of Representatives or the Senate to consider any
    bill, joint resolution, amendment, motion, or conference report that
    would cause the discretionary spending limits as set forth in section
    251 of the Balanced Budget and Emergency Deficit Control Act to be
    exceeded.

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10114, P.L. 105-33). Subsection (b)(6) was added by the Adoption and
    Safe Families Act of 1997 (sec. 201(b), P.L. 105-89). Subsection (a) was
    amended

    [[Page 1091]]

    and subsections (d) and (e) (later redesignated as (f)) were added by
    the Budget Control Act of 2011 (sec. 105, P.L. 112-25). Subsection
    (d)(2) was amended by the Bipartisan Budget Act of 2013 (div. A, P.L.
    113-67) to strike a subparagraph (A) that was erroneously duplicative of
    subsection (d)(1). Subsection (e) was added by the Temporary Payroll Tax
    Cut Continuation Act of 2011 (sec. 511, P.L. 112-78). Budget resolutions
    have provided that new budget authority, new entitlement authority,
    outlays, and receipts designated as an emergency in bills, joint
    resolutions, amendments, or conference reports are not cognizable under
    specified sections of title III and IV of the Budget Act. The budget
    resolutions also have required to be included in a committee report,
    joint statement of managers, or the Congressional Record an explanation
    of how an emergency item meets certain criteria (sec. 502, H. Con. Res.
    95, 108th Cong.; sec. 402, S. Con. Res. 95, 108th Cong., May 19, 2004,
    deemed in place by H. Res. 649, 108th Cong., May 19, 2004, p. 10105, and
    by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. 44; sec. 402,
    H. Con. Res. 95, 109th Cong.; sec. 204, S. Con. Res. 21, 110th Cong.;
    sec. 301, S. Con. Res. 70, 110th Cong.). The budget resolution adopted
    by the House in 2006 provided a specific amount of emergency spending
    that, to be exceeded, would require a vote of the Committee on the
    Budget to raise the relevant 302 allocation (sec. 501, H. Con. Res. 376,
    109th Cong., May 18, 2006). In the absence of a budget resolution, the
    House has enabled the designation of budget authority or revenue as an
    emergency (sec. 3(c), H. Res. 5, Jan. 5, 2011, p. 80).

       effect of adoption of a special order of business in the house of
                                 representatives

      Sec. 315. For purposes of a reported bill or joint resolution
    considered in the House of Representatives pursuant to a special order
    of business, the term ``as reported'' in this title or title IV shall be
    considered to refer to the text made in order as an original bill or
    joint resolution for the purpose of amendment or to the text on which
    the previous question is ordered directly to passage, as the case may
    be. In the case of a reported bill or joint resolution considered
    pursuant to a special order of business, a point of order under section
    303 shall be determined on the basis of the text made in order as an
    original bill or joint resolution for the purpose of amendment or to the
    text on which the previous question is ordered directly to passage, as
    the case may be.

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10115, P.L. 105-33). The second sentence was added by the Bipartisan
    Budget Act of 2013 (div. A, P.L. 113-67), codifying separate orders
    adopted by the House from the 106th through 113th Congresses (see
    annotations

    [[Page 1092]]

    under section 303 of this Act). See clause 8 of rule XXI for similar
    treatment of unreported bills under title III.
      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
    established a new title VI that placed temporary limits on discretionary
    spending and provided mechanisms for enforcement that included those
    found in title III of the Congressional Budget Act, which was extended
    by the Omnibus Budget Reconciliation Act of 1993 (tit. XIV, P.L. 103-
    66). Title VI was repealed by the Budget Enforcement Act of 1997 (sec.
    10118, P.L. 105-33). For the text of title VI, see the House Rules and
    Manual for the 104th Congress (H. Doc. 103-342).

          TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES

                           Part A--General Provisions

            budget-related legislation not subject to appropriations

      Sec. 401. (a) Controls on Certain Budget-related Legislation Not
    Subject to Appropriations.--It shall not be in order in either the House
    of Representatives or the Senate to consider any bill or joint
    resolution (in the House of Representatives only, as reported),
    amendment, motion, or conference report that provides--
              (1) new authority to enter into contracts under which the
            United States is obligated to make outlays;
              (2) new authority to incur indebtedness (other than
            indebtedness incurred under chapter 31 of title 31 of the United
            States Code) for the repayment of which the United States is
            liable; or
              (3) new credit authority;
    unless that bill, joint resolution, amendment, motion, or conference
    report also provides that the new authority is to be effective for any
    fiscal year only to the extent or in the amounts provided in advance in
    appropriation Acts.
      (b) Legislation Providing New Entitlement Authority.--
              (1) Point of order.--It shall not be in order in either the
            House of Representatives or the Senate to consider any bill or
            joint resolution (in the House of Representatives only, as
            reported), amendment, motion, or conference report that provides
            new entitlement authority that is to become effective during the
            current fiscal year.
              (2) If any committee of the House of Representatives or the
            Senate reports any bill or resolution which provides new
            entitlement authority which is to

    [[Page 1093]]

            become effective during a fiscal year and the amount of new
            budget authority which will be required for such fiscal year if
            such bill or resolution is enacted as so reported exceeds the
            appropriate allocation of new budget authority reported under
            section 302(a) in connection with the most recently agreed to
            concurrent resolution on the budget for such fiscal year, such
            bill or resolution shall then be referred to the Committee on
            Appropriations of the Senate or may then be referred to the
            Committee on Appropriations of the House, as the case may be,
            with instructions to report it, with the committee's
            recommendations, within 15 calendar days (not counting any day
            on which that House is not in session) beginning with the day
            following the day on which it is so referred. If the Committee
            on Appropriations of either House fails to report a bill or
            resolution referred to it under this paragraph within such 15-
            day period, the committee shall automatically be discharged from
            further consideration of such bill or resolution and such bill
            or resolution shall be placed on the appropriate calendar.
              (3) The Committee on Appropriations of each House shall have
            jurisdiction to report any bill or resolution referred to it
            under paragraph (2) with an amendment which limits the total
            amount of new spending authority provided in such bill or
            resolution.
      (c) Exceptions.--
              (1) Subsections (a) and (b) shall not apply to new authority
            described in those subsections if outlays from that new
            authority [will]\1\ flow--
    ---------------------------------------------------------------------------
      \1\Paragraph (4)(A) of section 10116(a) of Public Law 105-
    33 amended this provision as shown above. However, the word ``will''
    probably should have appeared in the matter proposed to be stricken by
    that public law.
    ---------------------------------------------------------------------------
                      (A) from a trust fund established by the Social
                    Security Act (as in effect on the date of the enactment
                    of this Act); or
                      (B) from any other trust fund, 90 percent or more of
                    the receipts of which consist or will consist of amounts
                    (transferred from the general fund of the Treasury)
                    equivalent to amounts of taxes (related to the purposes
                    for which such outlays are or will be made) received in
                    the Treasury under specified provisions of the Internal
                    Revenue Code of 1954.

    [[Page 1094]]

              (2) Subsections (a) and (b) shall not apply to new authority
            described in those subsections to the extent that--
                      (A) the outlays resulting therefrom are made by an
                    organization which is (i) a mixed-ownership Government
                    corporation (as defined in section 201 of the Government
                    Corporation Control Act), or (ii) a wholly owned
                    Government corporation (as defined in section 101 of
                    such Act) which is specifically exempted by law from
                    compliance with any or all of the provisions of that
                    Act, as of the date of enactment of the Balanced Budget
                    and Emergency Deficit Control Act of 1985; or
                      (B) the outlays resulting therefrom consist
                    exclusively of the proceeds of gifts or bequests made to
                    the United States for a specific purpose.
              (3) In the House of Representatives, subsections (a) and (b)
            shall not apply to new authority described in those subsections
            to the extent that a provision in a bill or joint resolution, or
            an amendment thereto or a conference report thereon, establishes
            prospectively for a Federal office or position a specified or
            minimum level of compensation to be funded by annual
            discretionary appropriations.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended subsection (a) by substituting the phrase
    ``spending authority'' for ``contract or borrowing authority'' and
    extended the point of order to conference reports, consistent with House
    precedent. The Balanced Budget and Emergency Deficit Control Act of 1985
    (tit. II, P.L. 99-177) left the subsection entitled ``exceptions''
    intact except to clarify the application of section 401 to Government
    corporations created after December 12, 1985. The Budget Enforcement Act
    of 1990 (tit. XIII, P.L. 101-508) amended subsections (a) and (b)(1) to
    standardize their application to any bill, joint resolution, amendment,
    motion, or conference report. The Budget Enforcement Act of 1997 (sec.
    10116, P.L. 105-33): (1) repealed section 402, collapsing the point of
    order under that section into section 401; (2) repealed the definition
    of ``new spending authority,'' while shifting the definition of new
    entitlement authority to section 3; and (3) converted the mandatory
    referral of measures providing new entitlement authority to the
    Appropriations Committee to discretionary referral of such measures. The
    Bipartisan Budget Act of 2013 (div. A, P.L. 113-67) added subsection
    (c)(3), codifying separate orders adopted by the House in the 109th and
    110th Congresses (sec. 3(a)(3), H. Res. 5, Jan. 4, 2005, p. 44; sec.
    511(a)(3), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). The
    107th, 108th, 111th, 112th, and 113th Congresses had adopted similar
    orders regarding entitlement authority, but they were not limited to
    section 401

    [[Page 1095]]

    (sec. 3(b)(3), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(3), H. Res. 5,
    Jan. 7, 2003, p. 10; sec. 3(a)(3), H. Res. 5, Jan. 6, 2009, p. 9; sec.
    3(a)(3), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(b)(3), H. Res. 5, Jan.
    3, 2013, p. _). The 106th Congress adopted a temporary version of that
    order (sec. 2(a)(2), H. Res. 5, Jan. 6, 1999, p. 47), which expired upon
    the adoption of the budget resolution for fiscal year 2000. Before these
    orders, an amendment establishing a new executive position at
    compensation level II but subjecting its salary to the appropriation
    process was held not to provide new entitlement authority (Mar. 26,
    1992, p. 7203).
      Language in a bill authorizing receipts from loans under certain
    legislation to be made available for designated purposes was held not to
    be ``new spending authority'' that would prohibit the consideration of
    the bill under section 401(a) of the Congressional Budget Act, where it
    was shown from the term ``authorized'' and from the committee report on
    the bill that the amounts of repaid loans must again be appropriated in
    appropriation acts before the funds could be expended (Speaker Albert,
    Sept. 10, 1975, p. 28270). A point of order under section 401(a)
    operates with respect to a bill or joint resolution in reported state
    and thus does not lie against consideration of an unreported measure
    (Mar. 21, 1995, p. 8491). Section 401(a) prohibits the consideration of
    a bill or amendment, including a conference report, containing new
    spending authority to incur indebtedness for the repayment of which the
    United States is primarily liable, the budget authority for which is not
    provided in advance by appropriation acts. Thus a conference report
    authorizing a Secretary to borrow funds by issuing Government notes as a
    public debt transaction to make payments in connection with defaults on
    loans by medical students, not subject to amounts specified in advance
    by appropriation acts, was ruled out of order as violating section
    401(a) (Sept. 27, 1976, pp. 32655-704).
      A point of order under section 401(b) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. 8491).
      A conference report (filed in 1976 to accompany a bill originally
    reported in the House in calendar year 1975) requiring the Secretary of
    Agriculture to pay a cost of transporting agricultural commodities to
    major disaster areas upon the date of enactment was held to constitute
    new spending ``entitlement'' authority that could become effective
    before the fiscal year beginning during the calendar year in which the
    bill had been reported from conference, in violation of section
    401(b)(1), and the conference report was ruled out of order (Speaker
    Albert, Sept. 23, 1976, pp. 32099, 32100). A Senate amendment providing
    new spending ``entitlement'' authority for adjustment assistance under
    the Trade Act of 1974, by requiring the Secretary of Labor to certify a
    new group of workers as eligible beginning on the day before to the
    start of the ensuing fiscal year, was conceded to violate section
    401(b)(1), and a motion to concur was ruled out on that point of order
    (June 26, 1986, p. 15729). Where an amendment contained new entitlement
    authority in the form of retirement benefits to certain

    [[Page 1096]]

    Federal employees, the Chair contemplated immediate enactment in his
    determination that the new entitlement authority became effective before
    the fiscal year beginning during the calendar year in which the pending
    bill was reported (May 9, 1995, p. 12178).
      Where a committee had not yet filed with the House a report
    subdividing among its subcommittees or by programs new entitlement
    authority allocated to that committee in the joint statement
    accompanying a conference report on a concurrent resolution on the
    budget, formerly required under section 302(a), the Speaker under
    section 401(b) referred to the Appropriations Committee for the 15-day
    period a bill reported by that committee that exceeded the total
    entitlement authority allocated to that committee in the joint
    statement, and also referred a subsequent bill reported by that
    committee that contained new entitlement authority (Speaker Albert, May
    17, 1976, p. 14093; Aug. 25, 1976, p. 27775). During the efficacy of
    title VI, section 401(b)(2) had no practical effect because that section
    remained linked to section 302 rather than the overriding section 602.
    Before consideration of a bill in Committee of the Whole, the Speaker
    may discharge from the Union Calendar and refer to the Appropriations
    Committee for 15 days, pursuant to section 401(b), a bill that has been
    reported providing new entitlement authority in excess of the total
    amount allocated to the reporting committee (Speaker O'Neill, Sept. 8,
    1977, p. 28153; Sept. 8, 1978, p. 28543) even if the bill was reported
    before final adoption of the first budget resolution (Speaker O'Neill,
    July 19, 1978, pp. 21786, 21787; May 21, 1981, p. 10622). A bill
    reported from the Committee on Agriculture amending the Food and
    Agriculture Act to increase certain commodity target prices of 1979
    crops, thereby providing new entitlement authority for fiscal year 1980
    in excess of the amount allocated to that committee under the first
    budget resolution, and a bill reported from the Committee on Ways and
    Means increasing eligibility and payments for child welfare and social
    services under the Social Security Act, providing new entitlement
    authority in excess of the net amount of such authority allocated to
    that committee under the first budget resolution, were discharged from
    the Union Calendar by the Speaker and referred to the Appropriations
    Committee pursuant to section 401(b) (Speaker O'Neill, June 5, 1979, p.
    13385; June 6, 1979, p. 13665). The Speaker may exercise the referral
    authority under section 401(b), whether or not the committee has filed
    its report under section 302(b) of the Budget Act, where the budget
    authority for the entitlement bill has been assumed in the budget
    resolution and would be included in the committee's 302(b) report, but
    where the budget authority for such bill exceeds the net amount of such
    authority allocated to the reporting committee, because the budget
    resolution assumes the reporting of other legislation, decreasing other
    programs for the year in question, that has yet to be reported (Speaker
    O'Neill, June 6, 1979, p. 13665).
      Although the former definition of new spending authority in section
    401(c)(2) did not include the authority to insure or guarantee the repay

    [[Page 1097]]

    ment of indebtedness incurred by another person or government (as where
    the authority to incur contractual obligations to insure or guarantee
    another person's debt is a contingent liability of the United States),
    the authority to make payments in connection with defaults that have
    already occurred was conceded to constitute a primary liability of the
    United States to incur indebtedness and to require budget authority in
    advance in appropriation acts (Sept. 27, 1976, pp. 32655-704). A
    provision that requires payments to individuals meeting certain
    qualifications, but that also contains an authorization for
    appropriations to make such payments and a provision that if sums
    appropriated pursuant thereto are insufficient to make payments, then
    payments be ratably reduced to the amounts of appropriations actually
    made, does not constitute new entitlement authority (Sept. 13, 1983, p.
    23884).
      The former definition of new entitlement authority did not include
    revenue-sharing spending authority in the form of entitlements, because
    the exception from the definition of new spending authority for revenue-
    sharing programs did not apply to new entitlement authority for future
    fiscal years (Speaker Albert, Sept. 30, 1976, pp. 34074-100).

                     analysis by congressional budget office

      Sec. 402. The Director of the Congressional Budget Office shall, to
    the extent practicable, prepare for each bill or resolution of a public
    character reported by any committee of the House of Representatives or
    the Senate (except the Committee on Appropriations of each House), and
    submit to such committee--
              (1) an estimate of the costs which would be incurred in
            carrying out such bill or resolution in the fiscal year in which
            it is to become effective and in each of the 4 fiscal years
            following such fiscal year, together with the basis for each
            such estimate;
              (2) a comparison of the estimates of costs described in
            paragraph (1), with any available estimates of costs made by
            such committee or by any Federal agency; and
              (3) a description of each method for establishing a Federal
            financial commitment contained in such bill or resolution.
    The estimates, comparison, and description so submitted shall be
    included in the report accompanying such bill or resolution if timely
    submitted to such committee before such report is filed.
    * * * * *
      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended this section by adding paragraph (4) to
    subsection

    [[Page 1098]]

    (a), along with a conforming change to the second sentence of that
    subsection. Public Law 97-108 previously amended section 403 by adding
    subsections (a)(2), (b), and (c). The Unfunded Mandates Reform Act of
    1995 deleted from this section a requirement that the Director estimate
    costs incurred by State and local governments, in favor of a more
    particularized requirement in section 424, infra (sec. 104, P.L. 104-4;
    109 Stat. 62). The Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-
    33) redesignated this section, formerly section 403, as section 402. A
    committee cost estimate identifying certain spending authority as
    recurring annually and indefinitely was held necessarily to address the
    five-year period required by section 308 (Nov. 20, 1993, p. 31354).
    During the 102d Congress, former clause 8 of rule XXI required that
    certain measures contain a statement of cost by the Congressional Budget
    Office (H. Res. 5, Jan. 3, 1991, p. 39).

       study by the government accountability office of forms of federal
         financial commitment that are not reviewed annually by congress

      Sec. 404. The Government Accountability Office shall study those
    provisions of law which provide mandatory spending and report to the
    Congress its recommendations for the appropriate form of financing for
    activities or programs financed by such provisions not later than
    eighteen months after the effective date of this section. Such report
    shall be revised from time to time.

      This section, formerly section 405, was redesignated by the Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33).

                  off-budget agencies, programs, and activities

      Sec. 405. (a) Notwithstanding any other provision of law, budget
    authority, credit authority, and estimates of outlays and receipts for
    activities of the Federal budget which are off-budget immediately prior
    to the date of enactment of this section, not including activities of
    the Federal Old-Age and Survivors Insurance and Federal Disability
    Insurance Trust Funds, shall be included in a budget submitted pursuant
    to section 1105 of title 31, United States Code, and in a concurrent
    resolution on the budget reported pursuant to section 301 or section 304
    of this Act and shall be considered, for purposes of this Act, budget
    authority, outlays, and spending authority in accordance with
    definitions set forth in this Act.
      (b) All receipts and disbursements of the Federal Financing Bank with
    respect to any obligations which are issued, sold, or guaranteed by a
    Federal agency shall be

    [[Page 1099]]

    treated as a means of financing such agency for purposes of section 1105
    of title 31, United States Code, and for purposes of this Act.

      This section, formerly section 406, was redesignated by the Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33).

                                member user group

      Sec. 406. The Speaker of the House of Representatives, after
    consulting with the Minority Leader of the House, may appoint a Member
    User Group for the purpose of reviewing budgetary scorekeeping rules and
    practices of the House and advising the Speaker from time to time on the
    effect and impact of such rules and practices.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) added sections 405, 406, and 407 as new sections at the
    end of title IV. This section, formerly section 407, was redesignated by
    the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33).
    * * * * *

                            Part B--Federal Mandates

    SEC. 421. DEFINITIONS.
      For purposes of this part:
              (1) Agency.--The term ``agency'' has the same meaning as
            defined in section 551(1) of title 5, United States Code, but
            does not include independent regulatory agencies.
              (2) Amount.--The term ``amount'', with respect to an
            authorization of appropriations for Federal financial
            assistance, means the amount of budget authority for any Federal
            grant assistance program or any Federal program providing loan
            guarantees or direct loans.
              (3) Direct costs.--The term ``direct costs''--
                      (A)(i) in the case of a Federal intergovernmental
                    mandate, means the aggregate estimated amounts that all
                    State, local, and tribal governments would be required
                    to spend or would be prohibited from raising in revenues
                    in order to comply with the Federal intergovernmental
                    mandate; or
                      (ii) in the case of a provision referred to in
                    paragraph (5)(A)(ii), means the amount of Federal
                    financial assistance eliminated or reduced;

    [[Page 1100]]

                      (B) in the case of a Federal private sector mandate,
                    means the aggregate estimated amounts that the private
                    sector will be required to spend in order to comply with
                    the Federal private sector mandate;
                      (C) shall be determined on the assumption that--
                            (i) State, local, and tribal governments, and
                        the private sector will take all reasonable steps
                        necessary to mitigate the costs resulting from the
                        Federal mandate, and will comply with applicable
                        standards of practice and conduct established by
                        recognized professional or trade associations; and
                            (ii) reasonable steps to mitigate the costs
                        shall not include increases in State, local, or
                        tribal taxes or fees; and
                      (D) shall not include--
                            (i) estimated amounts that the State, local, and
                        tribal governments (in the case of a Federal
                        intergovernmental mandate) or the private sector (in
                        the case of a Federal private sector mandate) would
                        spend--

        (I) to comply with or carry out all applicable Federal, State, local,
    and tribal laws and regulations in effect at the time of the adoption of
    the Federal mandate for the same activity as is affected by that Federal
    mandate; or

        (II) to comply with or carry out State, local, and tribal governmental
    programs, or private-sector business or other activities in effect at the
    time of the adoption of the Federal mandate for the same activity as is
    affected by that mandate; or

                            (ii) expenditures to the extent that such
                        expenditures will be offset by any direct savings to
                        the State, local, and tribal governments, or by the
                        private sector, as a result of--

        (I) compliance with the Federal mandate; or

        (II) other changes in Federal law or regulation that are enacted or
    adopted in the same bill or joint resolution or proposed or final Federal
    regulation and that govern the

    [[Page 1101]]

    same activity as is affected by the Federal mandate.

              (4) Direct savings.--The term ``direct savings'', when used
            with respect to the result of compliance with the Federal
            mandate--
                      (A) in the case of a Federal intergovernmental
                    mandate, means the aggregate estimated reduction in
                    costs to any State, local, or tribal government as a
                    result of compliance with the Federal intergovernmental
                    mandate; and
                      (B) in the case of a Federal private sector mandate,
                    means the aggregate estimated reduction in costs to the
                    private sector as a result of compliance with the
                    Federal private sector mandate.
              (5) Federal intergovernmental mandate.--The term ``Federal
            intergovernmental mandate'' means--
                      (A) any provision in legislation, statute, or
                    regulation that--
                            (i) would impose an enforceable duty upon State,
                        local, or tribal governments, except--

        (I) a condition of Federal assistance; or

        (II) a duty arising from participation in a voluntary Federal program,
    except as provided in subparagraph (B); or

                            (ii) would reduce or eliminate the amount of
                        authorization of appropriations for--

        (I) Federal financial assistance that would be provided to State,
    local, or tribal governments for the purpose of complying with any such
    previously imposed duty unless such duty is reduced or eliminated by a
    corresponding amount; or

        (II) the control of borders by the Federal Government; or reimbursement
    to State, local, or tribal governments for the net cost associated with
    illegal, deportable, and excludable aliens, including court-mandated
    expenses related to emergency health care, education or criminal justice;
    when such a reduction or elimination would result in increased net costs to
    State, local, or tribal governments in providing education or emergency
    health care to, or incarceration of, illegal aliens; except that this
    subclause shall not be in effect with respect to a State, local, or tribal
    government, to the extent that such gov

    [[Page 1102]]

    ernment has not fully cooperated in the efforts of the Federal Government
    to locate, apprehend, and deport illegal aliens; [or]

                      (B) any provision in legislation, statute, or
                    regulation that relates to a then-existing Federal
                    program under which $500,000,000 or more is provided
                    annually to State, local, and tribal governments under
                    entitlement authority, if the provision--
                            (i)(I) would increase the stringency of
                        conditions of assistance to State, local, or tribal
                        governments under the program; or
                            (II) would place caps upon, or otherwise
                        decrease, the Federal Government's responsibility to
                        provide funding to State, local, or tribal
                        governments under the program; and
                            (ii) the State, local, or tribal governments
                        that participate in the Federal program lack
                        authority under that program to amend their
                        financial or programmatic responsibilities to
                        continue providing required services that are
                        affected by the legislation, statute, or regulation.
              (6) Federal mandate.--The term ``Federal mandate'' means a
            Federal intergovernmental mandate or a Federal private sector
            mandate, as defined in paragraphs (5) and (7).
              (7) Federal private sector mandate.--The term ``Federal
            private sector mandate'' means any provision in legislation,
            statute, or regulation that--
                      (A) would impose an enforceable duty upon the private
                    sector except--
                            (i) a condition of Federal assistance; or
                            (ii) a duty arising from participation in a
                        voluntary Federal program; or
                      (B) would reduce or eliminate the amount of
                    authorization of appropriations for Federal financial
                    assistance that will be provided to the private sector
                    for the purposes of ensuring compliance with such duty.
              (8) Local government.--The term ``local government'' has the
            same meaning as defined in section 6501(6) of title 31, United
            States Code.
              (9) Private sector.--The term ``private sector'' means all
            persons or entities in the United States, including individuals,
            partnerships, associations, corporations, and educational and
            nonprofit institutions,

    [[Page 1103]]

            but shall not include State, local, or tribal governments.
              (10) Regulation; rule.--The term ``regulation'' or ``rule''
            (except with respect to a rule of either House of the Congress)
            has the meaning of ``rule'' as defined in section 601(2) of
            title 5, United States Code.
              (11) Small government.--The term ``small government'' means
            any small governmental jurisdictions defined in section 601(5)
            of title 5, United States Code, and any tribal government.
              (12) State.--The term ``State'' has the same meaning as
            defined in section 6501(9) of title 31, United States Code.
              (13) Tribal government.--The term ``tribal government'' means
            any Indian tribe, band, nation, or other organized group or
            community, including any Alaska Native village or regional or
            village corporation as defined in or established pursuant to the
            Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C.
            1601 et seq.) which is recognized as eligible for the special
            programs and services provided by the United States to Indians
            because of their special status as Indians.
    SEC. 422. EXCLUSIONS.
      This part shall not apply to any provision in a bill, joint
    resolution, amendment, motion, or conference report before Congress
    that--
              (1) enforces constitutional rights of individuals;
              (2) establishes or enforces any statutory rights that prohibit
            discrimination on the basis of race, color, religion, sex,
            national origin, age, handicap, or disability;
              (3) requires compliance with accounting and auditing
            procedures with respect to grants or other money or property
            provided by the Federal Government;
              (4) provides for emergency assistance or relief at the request
            of any State, local, or tribal government or any official of a
            State, local, or tribal government;
              (5) is necessary for the national security or the ratification
            or implementation of international treaty obligations;
              (6) the President designates as emergency legislation and that
            the Congress so designates in statute; or
              (7) relates to the old-age, survivors, and disability
            insurance program under title II of the Social Security Act
            (including taxes imposed by sections 3101(a) and 3111(a) of the
            Internal Revenue Code of 1986 (relating to old-age, survivors,
            and disability insurance)).

    [[Page 1104]]

    SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.
      (a) In General.--When a committee of authorization of the Senate or
    the House of Representatives reports a bill or joint resolution of
    public character that includes any Federal mandate, the report of the
    committee accompanying the bill or joint resolution shall contain the
    information required by subsections (c) and (d).
      (b) Submission of Bills to the Director.--When a committee of
    authorization of the Senate or the House of Representatives orders
    reported a bill or joint resolution of a public character, the committee
    shall promptly provide the bill or joint resolution to the Director of
    the Congressional Budget Office and shall identify to the Director any
    Federal mandates contained in the bill or resolution.
      (c) Reports on Federal Mandates.--Each report described under
    subsection (a) shall contain--
              (1) an identification and description of any Federal mandates
            in the bill or joint resolution, including the direct costs to
            State, local, and tribal governments, and to the private sector,
            required to comply with the Federal mandates;
              (2) a qualitative, and if practicable, a quantitative
            assessment of costs and benefits anticipated from the Federal
            mandates (including the effects on health and safety and the
            protection of the natural environment); and
              (3) a statement of the degree to which a Federal mandate
            affects both the public and private sectors and the extent to
            which Federal payment of public sector costs or the modification
            or termination of the Federal mandate as provided under section
            425(a)(2) would affect the competitive balance between State,
            local, or tribal governments and the private sector including a
            description of the actions, if any, taken by the committee to
            avoid any adverse impact on the private sector or the
            competitive balance between the public sector and the private
            sector.
      (d) Intergovernmental Mandates.--If any of the Federal mandates in the
    bill or joint resolution are Federal intergovernmental mandates, the
    report required under subsection (a) shall also contain--
              (1)(A) a statement of the amount, if any, of increase or
            decrease in authorization of appropriations under existing
            Federal financial assistance programs, or of authorization of
            appropriations for new Federal financial assistance, provided by
            the bill or joint resolution

    [[Page 1105]]

            and usable for activities of State, local, or tribal governments
            subject to the Federal intergovernmental mandates;
              (B) a statement of whether the committee intends that the
            Federal intergovernmental mandates be partly or entirely
            unfunded, and if so, the reasons for that intention; and
              (C) if funded in whole or in part, a statement of whether and
            how the committee has created a mechanism to allocate the
            funding in a manner that is reasonably consistent with the
            expected direct costs among and between the respective levels of
            State, local, and tribal government;
              (2) any existing sources of Federal assistance in addition to
            those identified in paragraph (1) that may assist State, local,
            and tribal governments in meeting the direct costs of the
            Federal intergovernmental mandates; and
              (3) if the bill or joint resolution would make the reduction
            specified in section 421(5)(B)(i)(II), a statement of how the
            committee specifically intends the States to implement the
            reduction and to what extent the legislation provides additional
            flexibility, if any, to offset the reduction.
      (e) Preemption Clarification and Information.--When a committee of
    authorization of the Senate or the House of Representatives reports a
    bill or joint resolution of public character, the committee report
    accompanying the bill or joint resolution shall contain, if relevant to
    the bill or joint resolution, an explicit statement on the extent to
    which the bill or joint resolution is intended to preempt any State,
    local, or tribal law, and, if so, an explanation of the effect of such
    preemption.
      (f) Publication of Statement From the Director.--
              (1) In general.--Upon receiving a statement from the Director
            under section 424, a committee of the Senate or the House of
            Representatives shall publish the statement in the committee
            report accompanying the bill or joint resolution to which the
            statement relates if the statement is available at the time the
            report is printed.
              (2) Other publication of statement of director.--If the
            statement is not published in the report, or if the bill or
            joint resolution to which the statement relates is expected to
            be considered by the Senate or the House of Representatives
            before the report is pub

    [[Page 1106]]

            lished, the committee shall cause the statement, or a summary
            thereof, to be published in the Congressional Record in advance
            of floor consideration of the bill or joint resolution.
    SEC. 424. DUTIES OF THE DIRECTOR; STATEMENTS ON BILLS AND JOINT
            RESOLUTIONS OTHER THAN APPROPRIATIONS BILLS AND JOINT
            RESOLUTIONS.
      (a) Federal Intergovernmental Mandates in Reported Bills and
    Resolutions.--For each bill or joint resolution of a public character
    reported by any committee of authorization of the Senate or the House of
    Representatives, the Director of the Congressional Budget Office shall
    prepare and submit to the committee a statement as follows:
              (1) Contents.--If the Director estimates that the direct cost
            of all Federal intergovernmental mandates in the bill or joint
            resolution will equal or exceed $50,000,000 (adjusted annually
            for inflation) in the fiscal year in which any Federal
            intergovernmental mandate in the bill or joint resolution (or in
            any necessary implementing regulation) would first be effective
            or in any of the 4 fiscal years following such fiscal year, the
            Director shall so state, specify the estimate, and briefly
            explain the basis of the estimate.
              (2) Estimates.--Estimates required under paragraph (1) shall
            include estimates (and brief explanations of the basis of the
            estimates) of--
                      (A) the total amount of direct cost of complying with
                    the Federal intergovernmental mandates in the bill or
                    joint resolution;
                      (B) if the bill or resolution contains an
                    authorization of appropriations under section
                    425(a)(2)(B), the amount of new budget authority for
                    each fiscal year for a period not to exceed 10 years
                    beyond the effective date necessary for the direct cost
                    of the intergovernmental mandate; and
                      (C) the amount, if any, of increase in authorization
                    of appropriations under existing Federal financial
                    assistance programs, or of authorization of
                    appropriations for new Federal financial assistance,
                    provided by the bill or joint resolution and usable by
                    State, local, or tribal governments for activities
                    subject to the Federal intergovernmental mandates.
              (3) Additional flexibility information.--The Director shall
            include in the statement submitted under

    [[Page 1107]]

            this subsection, in the case of legislation that makes changes
            as described in section 421(5)(B)(i)(II)--
                      (A) if no additional flexibility is provided in the
                    legislation, a description of whether and how the States
                    can offset the reduction under existing law; or
                      (B) if additional flexibility is provided in the
                    legislation, whether the resulting savings would offset
                    the reductions in that program assuming the States fully
                    implement that additional flexibility.
              (4) Estimate not feasible.--If the Director determines that it
            is not feasible to make a reasonable estimate that would be
            required under paragraphs (1) and (2), the Director shall not
            make the estimate, but shall report in the statement that the
            reasonable estimate cannot be made and shall include the reasons
            for that determination in the statement. If such determination
            is made by the Director, a point of order under this part shall
            lie only under section 425(a)(1) and as if the requirement of
            section 425(a)(1) had not been met.
      (b) Federal Private Sector Mandates in Reported Bills and Joint
    Resolutions.--For each bill or joint resolution of a public character
    reported by any committee of authorization of the Senate or the House of
    Representatives, the Director of the Congressional Budget Office shall
    prepare and submit to the committee a statement as follows:
              (1) Contents.--If the Director estimates that the direct cost
            of all Federal private sector mandates in the bill or joint
            resolution will equal or exceed $100,000,000 (adjusted annually
            for inflation) in the fiscal year in which any Federal private
            sector mandate in the bill or joint resolution (or in any
            necessary implementing regulation) would first be effective or
            in any of the 4 fiscal years following such fiscal year, the
            Director shall so state, specify the estimate, and briefly
            explain the basis of the estimate.
              (2) Estimates.--Estimates required under paragraph (1) shall
            include estimates (and a brief explanation of the basis of the
            estimates) of--
                      (A) the total amount of direct costs of complying with
                    the Federal private sector mandates in the bill or joint
                    resolution; and

    [[Page 1108]]

                      (B) the amount, if any, of increase in authorization
                    of appropriations under existing Federal financial
                    assistance programs, or of authorization of
                    appropriations for new Federal financial assistance,
                    provided by the bill or joint resolution usable by the
                    private sector for the activities subject to the Federal
                    private sector mandates.
              (3) Estimate not feasible.--If the Director determines that it
            is not feasible to make a reasonable estimate that would be
            required under paragraphs (1) and (2), the Director shall not
            make the estimate, but shall report in the statement that the
            reasonable estimate cannot be made and shall include the reasons
            for that determination in the statement.
      (c) Legislation Falling Below the Direct Costs Thresholds.--If the
    Director estimates that the direct costs of a Federal mandate will not
    equal or exceed the thresholds specified in subsections (a) and (b), the
    Director shall so state and shall briefly explain the basis of the
    estimate.
      (d) Amended Bills and Joint Resolutions; Conference Reports.--If a
    bill or joint resolution is passed in an amended form (including if
    passed by one House as an amendment in the nature of a substitute for
    the text of a bill or joint resolution from the other House) or is
    reported by a committee of conference in amended form, and the amended
    form contains a Federal mandate not previously considered by either
    House or which contains an increase in the direct cost of a previously
    considered Federal mandate, then the committee of conference shall
    ensure, to the greatest extent practicable, that the Director shall
    prepare a statement as provided in this subsection or a supplemental
    statement for the bill or joint resolution in that amended form.
    SEC. 425. LEGISLATION SUBJECT TO POINT OF ORDER.
      (a) In General.--It shall not be in order in the Senate or the House
    of Representatives to consider--
              (1) any bill or joint resolution that is reported by a
            committee unless the committee has published a statement of the
            Director on the direct costs of Federal mandates in accordance
            with section 423(f) before such consideration, except this
            paragraph shall not apply to any supplemental statement prepared
            by the Director under section 424(d); and
              (2) any bill, joint resolution, amendment, motion, or
            conference report that would increase the direct costs

    [[Page 1109]]

            of Federal intergovernmental mandates by an amount that causes
            the thresholds specified in section 424(a)(1) to be exceeded,
            unless--
                      (A) the bill, joint resolution, amendment, motion, or
                    conference report provides new budget authority or new
                    entitlement authority in the House of Representatives or
                    direct spending authority in the Senate for each fiscal
                    year for such mandates included in the bill, joint
                    resolution, amendment, motion, or conference report in
                    an amount equal to or exceeding the direct costs of such
                    mandate; or
                      (B) the bill, joint resolution, amendment, motion, or
                    conference report includes an authorization for
                    appropriations in an amount equal to or exceeding the
                    direct costs of such mandate, and--
                            (i) identifies a specific dollar amount of the
                        direct costs of such mandate for each year up to 10
                        years during which such mandate shall be in effect
                        under the bill, joint resolution, amendment, motion
                        or conference report, and such estimate is
                        consistent with the estimate determined under
                        subsection (e) for each fiscal year;
                            (ii) identifies any appropriation bill that is
                        expected to provide for Federal funding of the
                        direct cost referred to under clause (i); and
                            (iii)(I) provides that for any fiscal year the
                        responsible Federal agency shall determine whether
                        there are insufficient appropriations for that
                        fiscal year to provide for the direct costs under
                        clause (i) of such mandate, and shall (no later than
                        30 days after the beginning of the fiscal year)
                        notify the appropriate authorizing committees of
                        Congress of the determination and submit either--

        (aa) a statement that the agency has determined, based on a re-estimate
    of the direct costs of such mandate, after consultation with State, local,
    and tribal governments, that the amount appropriated is sufficient to pay
    for the direct costs of such mandate; or

        (bb) legislative recommendations for either implementing a less costly
    mandate or making such mandate ineffective for the fiscal year;

    [[Page 1110]]

                            (II) provides for expedited procedures for the
                        consideration of the statement or legislative
                        recommendations referred to in subclause (I) by
                        Congress no later than 30 days after the statement
                        or recommendations are submitted to Congress; and
                            (III) provides that such mandate shall--

        (aa) in the case of a statement referred to in subclause (I)(aa), cease
    to be effective 60 days after the statement is submitted unless Congress
    has approved the agency's determination by joint resolution during the 60-
    day period;

        (bb) cease to be effective 60 days after the date the legislative
    recommendations of the responsible Federal agency are submitted to Congress
    under subclause (I)(bb) unless Congress provides otherwise by law; or

        (cc) in the case that such mandate that has not yet taken effect,
    continue not to be effective unless Congress provides otherwise by law.

      (b) Rule of Construction.--The provisions of subsection (a)(2)(B)(iii)
    shall not be construed to prohibit or otherwise restrict a State, local,
    or tribal government from voluntarily electing to remain subject to the
    original Federal intergovernmental mandate, complying with the
    programmatic or financial responsibilities of the original Federal
    intergovernmental mandate and providing the funding necessary consistent
    with the costs of Federal agency assistance, monitoring, and
    enforcement.
      (c) Committee on Appropriations.--
              (1) Application.--The provisions of subsection (a)--
                      (A) shall not apply to any bill or resolution reported
                    by the Committee on Appropriations of the Senate or the
                    House of Representatives; except
                      (B) shall apply to--
                            (i) any legislative provision increasing direct
                        costs of a Federal intergovernmental mandate
                        contained in any bill or resolution reported by the
                        Committee on Appropriations of the Senate or House
                        of Representatives;
                            (ii) any legislative provision increasing direct
                        costs of a Federal intergovernmental mandate
                        contained in any amendment offered to a bill or
                        resolution reported by the Committee on

    [[Page 1111]]

                        Appropriations of the Senate or House of
                        Representatives;
                            (iii) any legislative provision increasing
                        direct costs of a Federal intergovernmental mandate
                        in a conference report accompanying a bill or
                        resolution reported by the Committee on
                        Appropriations of the Senate or House of
                        Representatives; and
                            (iv) any legislative provision increasing direct
                        costs of a Federal intergovernmental mandate
                        contained in any amendments in disagreement between
                        the two Houses to any bill or resolution reported by
                        the Committee on Appropriations of the Senate or
                        House of Representatives.
              (2) Certain provisions stricken in senate.--Upon a point of
            order being made by any Senator against any provision listed in
            paragraph (1)(B), and the point of order being sustained by the
            Chair, such specific provision shall be deemed stricken from the
            bill, resolution, amendment, amendment in disagreement, or
            conference report and may not be offered as an amendment from
            the floor.
      (d) Determinations of Applicability to Pending Legislation.--For
    purposes of this section, in the Senate, the presiding officer of the
    Senate shall consult with the Committee on Governmental Affairs, to the
    extent practicable, on questions concerning the applicability of this
    part to a pending bill, joint resolution, amendment, motion, or
    conference report.
      (e) Determinations of Federal Mandate Levels.--For purposes of this
    section, in the Senate, the levels of Federal mandates for a fiscal year
    shall be determined based on the estimates made by the Committee on the
    Budget.
    SEC. 426. PROVISIONS RELATING TO THE HOUSE OF REPRESENTATIVES.
      (a) Enforcement in the House of Representatives.--It shall not be in
    order in the House of Representatives to consider a rule or order that
    waives the application of section 425.
      (b) Disposition of Points of Order.--
              (1) Application to the house of representatives.--This
            subsection shall apply only to the House of Representatives.

    [[Page 1112]]

              (2) Threshold burden.--In order to be cognizable by the Chair,
            a point of order under section 425 or subsection (a) of this
            section must specify the precise language on which it is
            premised.
              (3) Question of consideration.--As disposition of points of
            order under section 425 or subsection (a) of this section, the
            Chair shall put the question of consideration with respect to
            the proposition that is the subject of the points of order.
              (4) Debate and intervening motions.--A question of
            consideration under this section shall be debatable for 10
            minutes by each Member initiating a point of order and for 10
            minutes by an opponent on each point of order, but shall
            otherwise be decided without intervening motion except one that
            the House adjourn or that the Committee of the Whole rise, as
            the case may be.
              (5) Effect on amendment in order as original text.--The
            disposition of the question of consideration under this
            subsection with respect to a bill or joint resolution shall be
            considered also to determine the question of consideration under
            this subsection with respect to an amendment made in order as
            original text.
    SEC. 427. REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE FROM SENATORS.
      At the written request of a Senator, the Director shall, to the extent
    practicable, prepare an estimate of the direct costs of a Federal
    intergovernmental mandate contained in an amendment of such Senator.
    SEC. 428. CLARIFICATION OF APPLICATION.
      (a) In General.--This part applies to any bill, joint resolution,
    amendment, motion, or conference report that reauthorizes
    appropriations, or that amends existing authorizations of
    appropriations, to carry out any statute, or that otherwise amends any
    statute, only if enactment of the bill, joint resolution, amendment,
    motion, or conference report--
              (1) would result in a net reduction in or elimination of
            authorization of appropriations for Federal financial assistance
            that would be provided to State, local, or tribal governments
            for use for the purpose of complying with any Federal
            intergovernmental mandate, or to the private sector for use to
            comply with any Federal private sector mandate, and would not
            elimi

    [[Page 1113]]

            nate or reduce duties established by the Federal mandate by a
            corresponding amount; or
              (2) would result in a net increase in the aggregate amount of
            direct costs of Federal intergovernmental mandates or Federal
            private sector mandates other than as described in paragraph
            (1).
      (b) Direct Costs.--
              (1) In general.--For purposes of this part, the direct cost of
            the Federal mandates in a bill, joint resolution, amendment,
            motion, or conference report that reauthorizes appropriations,
            or that amends existing authorizations of appropriations, to
            carry out a statute, or that otherwise amends any statute, means
            the net increase, resulting from enactment of the bill, joint
            resolution, amendment, motion, or conference report, in the
            amount described under paragraph (2)(A) over the amount
            described under paragraph (2)(B).
              (2) Amounts.--The amounts referred to under paragraph (1)
            are--
                      (A) the aggregate amount of direct costs of Federal
                    mandates that would result under the statute if the
                    bill, joint resolution, amendment, motion, or conference
                    report is enacted; and
                      (B) the aggregate amount of direct costs of Federal
                    mandates that would result under the statute if the
                    bill, joint resolution, amendment, motion, or conference
                    report were not enacted.
              (3) Extension of authorization of appropriations.--For
            purposes of this section, in the case of legislation to extend
            authorization of appropriations, the authorization level that
            would be provided by the extension shall be compared to the
            authorization level for the last year in which authorization of
            appropriations is already provided.

      Part B of title IV was added by the Unfunded Mandates Reform Act of
    1995 (sec. 101(a), P.L. 104-4; 109 Stat. 50-60). That Act explicitly
    declared that the new part was enacted as an exercise of congressional
    rulemaking powers (sec. 108; 109 Stat. 63-64).
      Pursuant to section 426, a Member raising a point of order under
    section 425 or 426 must specify the precise language upon which the
    point of order is based (see e.g., May 23, 1996, p. 12283; May 14, 2008,
    p. 9050), and the content of estimates prepared under section 424 is a
    matter for debate (June 8, 2006, p 10457). A point of order under
    section 426 raised against consideration of a resolution providing a
    special order of business must specify the precise language upon which
    the point of order is based (see e.g., June 10, 1998 p. 11853; June 26,
    2001, p. 11906), which may include

    [[Page 1114]]

    a waiver of points of order against amendments (Jan. 28, 2009, p. 1796;
    May 21, 2014, p. _), must be made when the special order is called up
    and comes too late after the resolution has been adopted (July 18, 1996,
    p. 17668), and may be raised against a resolution that, by hereby
    adopting legislative text, effectively waives the application of section
    425 (Feb. 1, 2006, pp. 549, 550). A point of order under section 425
    against consideration of a bill is properly raised pending the Speaker's
    declaration that the House resolve into the Committee of the Whole for
    such consideration (Oct. 29, 1997, p. 23712). A statutorily privileged
    joint resolution of approval may be subject to a point of order under
    section 425 (May 8, 2002, p. 7145). Debate on the point of order is on
    the question of considering the underlying text that is the subject of
    the point of order (May 14, 2008, p. 9051). The Members controlling
    debate on the point of order may reserve their time (Mar. 28, 1996, p.
    6932), and a manager of a measure who controls time for debate against
    the point of order that is to be resolved by a question of consideration
    has the right to close debate (June 10, 1998, p. 11854).

                    TITLE VII--PROGRAM REVIEW AND EVALUATION

    * * * * *

             continuing study of additional budget reform proposals

      Sec. 703. (a) The Committees on the Budget of the House of
    Representatives and the Senate shall study on a continuing basis
    proposals designed to improve and facilitate methods of congressional
    budgetmaking. The proposals to be studied shall include, but are not
    limited to, proposals for--
              (1) improving the information base required for determining
            the effectiveness of new programs by such means as pilot
            testing, survey research, and other experimental and analytical
            techniques;
              (2) improving analytical and systematic evaluation of the
            effectiveness of existing programs;
              (3) establishing maximum and minimum time limitations for
            program authorization; and
              (4) developing techniques of human resource accounting and
            other means of providing noneconomic as well as economic
            evaluation measures.
      (b) The Committee on the Budget of each House shall, from time to
    time, report to its House the results of the study carried on by it
    under subsection (a), together with its recommendations.
      (c) Nothing in this section shall preclude studies to improve the
    budgetary process by any other committee of the

    [[Page 1115]]

    House of Representatives or the Senate or any joint committee of the
    Congress.
    * * * * *

               TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

    * * * * *

                          exercise of rulemaking powers

      Sec. 904. (a) The provisions of this title and of titles I, III, IV,
    and V and the provisions of sections 701, 703, and 1017 are enacted by
    the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such they
            shall be considered as part of the rules of each House,
            respectively, or of that House to which they specifically apply,
            and such rules shall supersede other rules only to the extent
            that they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change such rules (so far as relating to such
            House) at any time, in the same manner, and to the same extent
            as in the case of any other rule of such House.

      (b) Any provision of title III or IV may be waived or suspended in the
    Senate by a majority vote of the Members voting, a quorum being present,
    or by the unanimous consent of the Senate.

      (c) Waivers.--
              (1) Permanent.--Sections 305(b)(2), 305(c)(4), 306, 310(d)(2),
            313, 904(c), and 904(d) of this Act may be waived or suspended
            in the Senate only by the affirmative vote of three-fifths of
            the Members, duly chosen and sworn.
              (2) Temporary.--Sections 301(i), 302(c), 302(f), 310(g),
            311(a), 312(b), 312(c), 314(e), and 314(f) of this Act and
            sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1),
            258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget
            and Emergency Deficit Control Act of 1985 may be waived or
            suspended in the Senate only by the affirmative vote of three-
            fifths of the Members, duly chosen and sworn.

      (d) Appeals.--

    [[Page 1116]]

              (1) Procedure.--Appeals in the Senate from the decisions of
            the Chair relating to any provision of title III or IV or
            section 1017 shall, except as otherwise provided therein, be
            limited to 1 hour, to be equally divided between, and controlled
            by, the mover and the manager of the resolution, concurrent
            resolution, reconciliation bill, or rescission bill, as the case
            may be.
              (2) Permanent.--An affirmative vote of three-fifths of the
            Members, duly chosen and sworn, shall be required in the Senate
            to sustain an appeal of the ruling of the Chair on a point of
            order raised under sections 305(b)(2), 305(c)(4), 306,
            310(d)(2), 313, 904(c), and 904(d) of this Act.
              (3) Temporary.--An affirmative vote of three-fifths of the
            Members, duly chosen and sworn, shall be required in the Senate
            to sustain an appeal of the ruling of the Chair on a point of
            order raised under sections 301(i), 302(c), 302(f), 310(g),
            311(a), 312(b), 312(c), 314(e), and 314(f) of this Act and
            sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1),
            258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget
            and Emergency Deficit Control Act of 1985.
      (e) Expiration of Certain Supermajority Voting Requirements.--
    Subsections (c)(2) and (d)(3) shall expire on September 30, 2002.

      Section 904 was amended by the Budget Enforcement Act of 1997 (sec.
    10119, P.L. 105-33) to clarify points of order in the Senate that may be
    waived by a supermajority vote. The Senate extended to 2017 the
    expiration in subsection (e) in the budget resolution for fiscal year
    2008 (sec. 205, S. Con. Res. 21, 110th Cong.).
      Pursuant to this section, and under its authority contained in clause
    5 of rule XIII (former clause 4(b) of rule XI) to report on rules and
    the order of business, the Committee on Rules may report as privileged a
    resolution recommending the temporary waiver of the provisions of
    section 401 of the Congressional Budget Act during the consideration of
    designated legislation in the House (Speaker Albert, Mar. 20, 1975, p.
    7676). A point of order against consideration of a resolution reported
    from the Committee on Rules providing for consideration of a concurrent
    resolution on the budget does not lie based upon alleged violation of a
    statute that merely reaffirms the congressional commitment towards
    achieving balanced Federal budgets (P.L. 96-389), because the statute
    does not constitute a rule of the House and because section 904 of the
    Budget Act acknowledges the constitutional authority of either House to
    change its rules at any time (June 10, 1982, pp. 13352, 13353). A
    unanimous-consent agreement that only permits a (nonprivileged) bill to
    be considered in the House before three-day availability of the report
    thereon, but that does not specifically

    [[Page 1117]]

    waive points of order against consideration, does not preclude a point
    of order against consideration of the bill when called up based upon an
    alleged violation of the Budget Act (Feb. 4, 1982, p. 845).

    [[Page 1119]]

                                                                   Sec. 1129

                         BUDGET ENFORCEMENT ACT OF 1990

                                   __________

                    excerpts from title xiii of p.l. 101-508

    In addition <> to adding titles V and VI to the
    Congressional Budget Act of 1974 (relating to credit reform and to
    budget agreement enforcement, respectively), the Budget Enforcement Act
    of 1990 (tit. XIII, P.L. 101-508) also included these free-standing
    provisions addressing the budgetary treatment of social security.

                           Subtitle C--Social Security

    SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
      (a) Exclusion of Social Security From All Budgets.--Notwithstanding
    any other provision of law, the receipts and disbursements of the
    Federal Old-Age and Survivors Insurance Trust Fund and the Federal
    Disability Insurance Trust Fund shall not be counted as new budget
    authority, outlays, receipts, or deficit or surplus for purposes of--
              (1) the budget of the United States Government as submitted by
            the President,
              (2) the congressional budget, or
              (3) the Balanced Budget and Emergency Deficit Control Act of
            1985.

      The House has waived this section in requiring that discretionary
    administrative expenses of the Social Security Administration be
    included in an allocation under section 302 of the Congressional Budget
    Act of 1974 (sec. 3(f)(1), H. Res. 5, Jan. 5, 2011, p. 80).

    * * * * *
    SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF
            REPRESENTATIVES.
      (a) In General.--It shall not be in order in the House of
    Representatives to consider any bill or joint resolution, as reported,
    or any amendment thereto or conference report thereon, if, upon
    enactment--

    [[Page 1120]]

              (1)(A) such legislation under consideration would provide for
            a net increase in OASDI benefits of at least 0.02 percent of the
            present value of future taxable payroll for the 75-year period
            utilized in the most recent annual report of the Board of
            Trustees provided pursuant to section 201(c)(2) of the Social
            Security Act, and (B) such legislation under consideration does
            not provide at least a net increase, for such 75-year period, in
            OASDI taxes of the amount by which the net increase in such
            benefits exceeds 0.02 percent of the present value of future
            taxable payroll for such 75-year period,
              (2)(A) such legislation under consideration would provide for
            a net increase in OASDI benefits (for the 5-year estimating
            period for such legislation under consideration), (B) such net
            increase, together with the net increases in OASDI benefits
            resulting from previous legislation enacted during that fiscal
            year or any of the previous 4 fiscal years (as estimated at the
            time of enactment) which are attributable to those portions of
            the 5-year estimating periods for such previous legislation that
            fall within the 5-year estimating period for such legislation
            under consideration, exceeds $250,000,000, and (C) such
            legislation under consideration does not provide at least a net
            increase, for the 5-year estimating period for such legislation
            under consideration, in OASDI taxes which, together with net
            increases in OASDI taxes resulting from such previous
            legislation which are attributable to those portions of the 5-
            year estimating periods for such previous legislation that fall
            within the 5-year estimating period for such legislation under
            consideration, equals the amount by which the net increase
            derived under subparagraph (B) exceeds $250,000,000;
              (3)(A) such legislation under consideration would provide for
            a net decrease in OASDI taxes of at least 0.02 percent of the
            present value of future taxable payroll for the 75-year period
            utilized in the most recent annual report of the Board of
            Trustees provided pursuant to section 201(c)(2) of the Social
            Security Act, and (B) such legislation under consideration does
            not provide at least a net decrease, for such 75-year period, in
            OASDI benefits of the amount by which the net decrease in such
            taxes exceeds 0.02 percent of the

    [[Page 1121]]

            present value of future taxable payroll for such 75-year period,
            or
              (4)(A) such legislation under consideration would provide for
            a net decrease in OASDI taxes (for the 5-year estimating period
            for such legislation under consideration), (B) such net
            decrease, together with the net decreases in OASDI taxes
            resulting from previous legislation enacted during that fiscal
            year or any of the previous 4 fiscal years (as estimated at the
            time of enactment) which are attributable to those portions of
            the 5-year estimating periods for such previous legislation that
            fall within the 5-year estimating period for such legislation
            under consideration, exceeds $250,000,000, and (C) such
            legislation under consideration does not provide at least a net
            decrease, for the 5-year estimating period for such legislation
            under consideration, in OASDI benefits which, together with net
            decreases in OASDI benefits resulting from such previous
            legislation which are attributable to those portions of the 5-
            year estimating periods for such previous legislation that fall
            within the 5-year estimating period for such legislation under
            consideration, equals the amount by which the net decrease
            derived under subparagraph (B) exceeds $250,000,000.

      (b) Application.--In applying paragraph (3) or (4) of subsection (a),
    any provision of any bill or joint resolution, as reported, or any
    amendment thereto, or conference report thereon, the effect of which is
    to provide for a net decrease for any period in taxes described in
    subsection (c)(2)(A) shall be disregarded if such bill, joint
    resolution, amendment, or conference report also includes a provision
    the effect of which is to provide for a net increase of at least an
    equivalent amount for such period in medicare taxes.

      (c) Definitions.--For purposes of this subsection:
              (1) The term ``OASDI benefits'' means the benefits under the
            old-age, survivors, and disability insurance programs under
            title II of the Social Security Act.
              (2) The term ``OASDI taxes'' means--
                      (A) the taxes imposed under sections 1401(a), 3101(a),
                    and 3111(a) of the Internal Revenue Code of 1986, and
                      (B) the taxes imposed under chapter 1 of such Code (to
                    the extent attributable to section 86 of such Code).

    [[Page 1122]]

              (3) The term ``medicare taxes'' means the taxes imposed under
            sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue
            Code of 1986.
              (4) The term ``previous legislation'' shall not include
            legislation enacted before fiscal year 1991.
              (5) The term ``5-year estimating period'' means, with respect
            to any legislation, the fiscal year in which such legislation
            becomes or would become effective and the next 4 fiscal years.
              (6) No provision of any bill or resolution, or any amendment
            thereto or conference report thereon, involving a change in
            chapter 1 of the Internal Revenue Code of 1986 shall be treated
            as affecting the amount of OASDI taxes referred to in paragraph
            (2)(B) unless such provision changes the income tax treatment of
            OASDI benefits.

      The House in the 114th Congress established a point of order against
    consideration of measures that would reduce the actuarial balance of the
    Federal Old-Age and Survivors Insurance Trust Fund by a specified
    percentage (sec. 3(q), H. Res. 5, Jan. 6, 2015, p. _).

    * * * * *

      For a discussion of the Federal budget process, including the Balanced
    Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman), which
    sets forth executive budget enforcement mechanisms, see House Practice,
    ch. 7 and Deschler-Brown-Johnson-Sullivan, ch. 41.

    [[Page 1123]]

                                                                  Sec. 1129a

                       STATUTORY PAY-AS-YOU-GO ACT OF 2010

                                   __________

              excerpts from title i of p.l. 111-139 (2 U.S.C. 939)

    The Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139) included
    this provision addressing the budgetary treatment of social security.

    SEC. 13. LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.
      (a) Limitation on Changes to the Social Security Act.--Notwithstanding
    any other provision of law, it shall not be in order in the Senate or
    the House of Representatives to consider any bill or resolution pursuant
    to any expedited procedure to consider the recommendations of a Task
    Force for Responsible Fiscal Action or other commission that contains
    recommendations with respect to the old-age, survivors, and disability
    insurance program established under title II of the Social Security Act,
    or the taxes received under subchapter A of chapter 9; the taxes imposed
    by subchapter E of chapter 1; and the taxes collected under section 86
    of part II of subchapter B of chapter 1 of the Internal Revenue
    Code. end segment .015  deg. segment .016 -- expedited
    procedures through (15)  deg.

    [[Page 1125]]

    ========================================================================

                             LEGISLATIVE PROCEDURES

                                 ENACTED IN LAW

    ========================================================================

    [[Page 1127]]

                      LEGISLATIVE PROCEDURES ENACTED IN LAW

      Congress has, <> from time to time, passed laws
    reserving to itself an absolute or limited right of review by approval
    or disapproval of certain actions of the executive branch or of
    independent agencies. These laws usually envision some form of
    congressional action falling into one of three general categories: (1)
    action by both Houses of Congress on a bill or joint resolution
    requiring presidential signature; (2) action by one or both Houses of
    Congress on a simple or concurrent resolution; and (3) action by a
    congressional committee. Although provisions in the first category
    remain viable, provisions in the latter two categories should be read in
    light of Immigration and Naturalization Service v. Chadha, 462 U.S. 919
    (1983). In that case the Supreme Court held unconstitutional as in
    violation of the presentment clause of article I, section 7, and the
    doctrine of separation of powers the provisions of the Immigration and
    Nationality Act contemplating disapproval of a decision of the Attorney
    General to allow an otherwise deportable alien to remain in the United
    States by simple resolution of one House. That same year, the Supreme
    Court summarily affirmed several lower court decisions invalidating
    provisions contemplating disapproval of executive actions by methods
    described in both categories (2) and (3) above. 463 U.S. 1216 (1983).
    Since then, Congress has amended several ``legislative procedure''
    statutes to convert provisions requiring simple or concurrent
    resolutions to provisions requiring joint resolutions.
      Many ``legislative procedure'' statutes prescribe special procedures
    for the House to follow when reviewing executive actions. These
    procedures, termed ``privileged procedures,'' technically are Rules of
    the House, enacted expressly or impliedly as an exercise of the House's
    rulemaking authority. At the beginning of each Congress, it is customary
    for the House to re-incorporate by reference in the resolution adopting
    its rules such ``legislative procedure'' procedures as may exist in
    current law. Nevertheless, because the House retains the constitutional
    right to

    [[Page 1128]]

    change its rules at any time, the Committee on Rules may report a
    resolution varying the statutorily prescribed procedures for the House.
      Below is a compilation of the various provisions in ``legislative
    procedure'' statutes setting forth ``privileged procedures'' to be
    followed by the House when considering executive actions, together with
    any annotations of decisions of the Chair interpreting those provisions.
    Although some annotations provide pertinent legislative history, this
    compilation does not endeavor to provide a comprehensive record of
    legislative history for every provision. Excerpts of the Balanced Budget
    and Emergency Deficit Control Act, formerly carried after the
    Congressional Budget Act, have been scaled down and moved to this
    segment of the Manual for quick reference to the legislative procedures
    therein. The primary enforcement mechanisms in the statute (such as
    sequestration) are no longer carried because they are not legislative
    procedures. However, sections 250, 251, 251A, and 252 operate in
    conjunction with procedural provisions in title III of the Congressional
    Budget Act of 1974, supra. Sections 258, 258A, 258B, and 258C primarily
    provide for reporting and consideration of legislation in the Senate;
    therefore, only portions of those sections are carried here. A more
    thorough understanding of the statutory scheme requires the full
    statutory text (see 2 U.S.C. 900).
                                                                   Sec. 1130

               Measures Privileged for Consideration in the House

     1.                       Executive Reorganization.

     2.                       War Powers Resolution.

     3.                       National Emergencies Act.

     4.                       International Emergency Economic Powers Act.

     5.                       District of Columbia Home Rule Act.

     6.                       Title X of the Congressional Budget and
                              Impoundment Control Act of 1974.

        a.                        Impoundment Control.

        b.                        Line Item Veto Authority.

     7.                       Foreign Spent Nuclear Fuel.

     8.                       Pension Reform Act.

     9.                       Multiemployer Guarantees, Revised Schedules.

    10.                       Atomic Energy Act Provisions on Nuclear Non-
                              Proliferation.

    11.                       Trade Provisions.

       a.                        Import Relief.

       b.                        Freedom of Emigration.

       c.                        Nondiscriminatory Treatment.

       d.                        ``Fast-Track'' Procedures.

       e.                        Narcotics Control Provisions.

    [[Page 1129]]

       f.                        Customs Duties, Negotiation and Implementation
                              of Trade Agreements.

       g.                        Trade Promotion Authority.

       h.                        U.S. Participation in WTO.

       i.                        Burmese Freedom and Democracy Act.

       j.                        Prohibition on import restrictions that would
                              threaten to impair national security.

    12.                       Federal Salary Act of 1967.

    13.                       Energy Policy and Conservation Act.

    14.                       Extensions of Emergency Energy Authorities.

    15.                       Nuclear Waste Fund Fees.

    16.                       Arms Export Control.

       a.                        Arms Export Control Act, Sec. 36(b).

       b.                        Arms Export Control Act, Sec. 36(c).

       c.                        Arms Export Control Act, Sec. 36(d).

       d.                        Arms Export Control Act, Sec. 3.

       e.                        Arms Export Control Act, Sec. Sec. 62-63.

       f.                        Arms Export Control Act, Sec. 40(f).

    17.                       Federal Election Commission Regulations.

    18.                       Alaska Natural Gas Transportation Act of 1976.

    19.                       Crude Oil Transportation Systems.

    20.                       Alaska National Interest Lands Conservation
                              Act.

    21.                       Federal Land Policy and Management Act of
                              1976.

       a.                        Land Use Planning.

       b.                        Sales.

       c.                        Withdrawals.

       d.                        Review of Withdrawals.

    22.                       Marine Fisheries Conservation Act.

    23.                       Outer Continental Shelf Lands Act.

    24.                       Nuclear Waste Policy Act of 1982.

       a.                        High-level Radioactive Waste and Spent Nuclear
                              Fuel.

       b.                        Interim Storage Program.

       c.                        Monitored Retrievable Storage.

    25.                       Defense Base Closure and Realignment.

       a.                        Defense Base Closure and Realignment Act of
                              1990.

       b.                        Limitation on Military Construction Funds.

    26.                       Congressional Accountability Act of 1995.

    27.                       Termination of Cuban Economic Embargo.

    28.                       Congressional Review of Agency Rulemaking.

    29.                       The Balanced Budget and Emergency Deficit
                              Control Act of 1985.

    30.                       Andean Counterdrug Initiative.

    31.                       Medicare Cost Containment.

    32.                       Minimum Standards for Identification of
                              Documents.

    33.                       Independent Payment Advisory Board.

                  1. Executive Reorganization [5 U.S.C. 902-12]

                              Sec. 902. definitions

      For the purpose of this chapter--
              (1) ``agency'' means--
                      (A) an Executive agency or part thereof; and
                      (B) an office or officer in the executive branch;
            but does include the Government Accountability Office or the
            Comptroller General of the United States;

    [[Page 1130]]

              (2) ``reorganization'' means a transfer, consolidation,
            coordination, authorization, or abolition, referred to in
            section 903 of this title; and
              (3) ``officer'' is not limited by section 2104 of this title.
                                                                Sec. 1130(1)

                         Sec. 903. reorganization plans

      (a) Whenever the President, after investigation, finds that changes in
    the organization of agencies are necessary to carry out any policy set
    forth in section 901(a) of this title, he shall prepare a reorganization
    plan specifying the reorganizations he finds are necessary. Any plan may
    provide for--
              (1) the transfer of the whole or a part of an agency, or of
            the whole or a part of the functions thereof, to the
            jurisdiction and control of another agency;
              (2) the abolition of all or a part of the functions of an
            agency, except that no enforcement function or statutory program
            shall be abolished by the plan;
              (3) the consolidation or coordination of the whole or a part
            of an agency, or of the whole part of the functions thereof,
            with the whole or a part of another agency or the functions
            thereof;
              (4) the consolidation or coordination of a part of an agency
            or the functions thereof with another part of the same agency or
            the functions thereof;
              (5) the authorization of an officer to delegate any of his
            functions; or
              (6) the abolition of the whole or a part of an agency which
            agency or part does not have, or on the taking effect of the
            reorganization plan will not have, any functions.
    The President shall transmit the plan (bearing an identification number)
    to the Congress together with a declaration that, with respect to each
    reorganization included in the plan, he has found that the
    reorganization is necessary to carry out any policy set forth in section
    901(a) of this title.
      (b) The President shall have a reorganization plan delivered to both
    Houses on the same day and to each House while it is in session, except
    that no more than three plans may be pending before the Congress at one
    time. In his message transmitting a reorganization plan, the President
    shall specify with respect to each abolition of a function included in
    the plan the statutory authority for the

    [[Page 1131]]

    exercise of the function. The message shall also estimate any reduction
    or increase in expenditures (itemized so far as practicable), and
    describe any improvements in management, delivery of Federal services,
    execution of the laws, and increases in efficiency of Government
    operations, which it is expected will be realized as a result of the
    reorganizations included in the plan. In addition, the President's
    message shall include an implementation section which shall (1) describe
    in detail (A) the actions necessary or planned to complete the
    reorganization, (B) the anticipated nature and substance of any orders,
    directives, and other administrative and operational actions which are
    expected to be required for completing or implementing the
    reorganization, and (C) any preliminary actions which have been taken in
    the implementation process, and (2) contain a projected timetable for
    completion of the implementation process. The President shall also
    submit such further background or other information as the Congress may
    require for its consideration of the plan.
      (c) Any time during the period of 60 calendar days of continuous
    session of Congress after the date on which the plan is transmitted to
    it, but before any resolution described in section 909 has been ordered
    reported in either House, the President may make amendments or
    modifications to the plan, consistent with sections 903-905 of this
    title, which modifications or revisions shall thereafter be treated as a
    part of the reorganization plan originally transmitted and shall not
    affect in any way the time limits otherwise provided for in this
    chapter. The President may withdraw the plan any time prior to the
    conclusion of 90 calendar days of continuous session of Congress
    following the date on which the plan is submitted to Congress.

                                      * * *

                         Sec. 905. limitations on powers

      (a) A reorganization plan may not provide for, and a reorganization
    under this chapter may not have the effect of--
              (1) creating a new executive department or renaming an
            existing executive department, abolishing or transferring an
            executive department or independent regulatory agency, or all
            the functions thereof, or consolidating two or more executive
            departments or two

    [[Page 1132]]

            or more independent regulatory agencies, or all the functions
            thereof;
              (2) continuing an agency beyond the period authorized by law
            for its existence or beyond the time when it would have
            terminated if the reorganization had not been made;
              (3) continuing a function beyond the period authorized by law
            for its exercise or beyond the time when it would have
            terminated if the reorganization had not been made;
              (4) authorizing an agency to exercise a function which is not
            expressly authorized by law at the time the plan is transmitted
            to Congress;
              (5) creating a new agency which is not a component or part of
            an existing executive department or independent agency;
              (6) increasing the term of an office beyond that provided by
            law for the office; or
              (7) dealing with more than one logically consistent subject
            matter.
      (b) A provision contained in a reorganization plan may take effect
    only if the plan in transmitted to Congress (in accordance with section
    903(b) of this chapter) on or before December 31, 1984.

        Sec. 906. effective date and publication of reorganization plans

      (a) Except as provided under subsection (c) of this section, a
    reorganization plan shall be effective upon approval by the President of
    a resolution (as defined in section 909) with respect to such plan, if
    such resolution is passed by the House of Representatives and the
    Senate, within the first period of 90 calendar days of continuous
    session of Congress after the date on which the plan is transmitted to
    Congress. Failure of either House to act upon such resolution by the end
    of such period shall be the same as disapproval of the resolution.
      (b) For the purpose of this chapter--
              (1) continuity of session is broken only by an adjournment of
            Congress sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than three days to a day certain are
            excluded in the computation of any period of time in which
            Congress is in continuous session.

    [[Page 1133]]

      (c) Under provisions contained in a reorganization plan, any provision
    thereof may be effective at a time later than the date on which the plan
    otherwise is effective.
      (d) A reorganization plan which is effective shall be printed (1) in
    the Statutes at Large in the same volume as the public laws and (2) in
    the Federal Register.

                                      * * *

    Sec. 908. rules of senate and house of representatives on reorganization
                                      plans

      Sections 909 through 912 of this title are enacted by Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of resolutions with respect to any
            reorganization plans transmitted to Congress (in accordance with
            section 903(b) of this chapter) on or before December 31, 1984;
            and they supersede other rules only to the extent that they are
            inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.

                          Sec. 909. terms of resolution

      For the purpose of sections 908 through 912 of this title,
    ``resolution'' means only a joint resolution of the Congress, the matter
    after the resolving clause of which is as follows: ``That the ___
    Congress approves the reorganization plan numbered _ transmitted to the
    Congress by the President on ___, 19_.'', and includes such
    modifications and revisions as submitted by the President under section
    903(c) of this chapter. The blank spaces therein are to be filled
    appropriately. The term does not include a resolution which specifies
    more than one reorganization plan.

    [[Page 1134]]

               Sec. 910. introduction and reference of resolution

      (a) No later than the first day of session following the day on which
    a reorganization plan is transmitted to the House of Representatives and
    the Senate under section 903, a resolution, as defined in section 909,
    shall be introduced (by request) in the House by the chairman of the
    Committee on Government Reform of the House, or by a Member of Members
    of the House designated by such chairman; and shall be introduced (by
    request) in the Senate by the chairman of the Governmental Affairs
    Committee of the Senate, or by a Member or Members of the Senate
    designated by such chairman.
      (b) A resolution with respect to a reorganization plan shall be
    referred to the Committee on Governmental Affairs of the Senate and the
    Committee on Government Reform of the House (and all resolutions with
    respect to the same plan shall be referred to the same committee) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be. The committee shall make its recommendations to the
    House of Representatives or the Senate, respectively, within 75 calendar
    days of continuous session of Congress following the date of such
    resolution's introduction.

             Sec. 911. discharge of committee considering resolution

      If the committee to which is referred a resolution introduced pursuant
    to subsection (a) of section 910 (or, in the absence of such a
    resolution, the first resolution introduced with respect to the same
    reorganization plan) has not reported such resolution or identical
    resolution at the end of 75 calendar days of continuous session of
    Congress after its introduction, such committee shall be deemed to be
    discharged from further consideration of such resolution and such
    resolution shall be placed on the appropriate calendar of the House
    involved.

    Sec. 912. procedure after report or discharge of committee; debate; vote
                                on final passage

      (a) When the committee has reported, or has been deemed to be
    discharged (under section 911) from further consideration of, a
    resolution with respect to a reorganization plan, it is at any time
    thereafter in order (even

    [[Page 1135]]

    though a previous motion to the same effect has been disagreed to) for
    any Member of the respective House to move to proceed to the
    consideration of the resolution. The motion is highly privileged and is
    not debatable. The motion shall not be subject to amendment, or to a
    motion to postpone, or a motion to proceed to the consideration of other
    business. A motion to reconsider the vote by which the motion is agreed
    to or disagreed to shall not be in order. If a motion to proceed to the
    consideration of the resolution is agreed to, the resolution shall
    remain the unfinished business of the respective House until disposed
    of.
      (b) Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally between individuals favoring and
    individuals opposing the resolution. A motion further to limit debate is
    in order and not debatable. An amendment to, or a motion to postpone, or
    a motion to proceed to the consideration of other business, or a motion
    to recommit the resolution is not in order. A motion to reconsider the
    vote by which the resolution is passed or rejected shall not be in
    order.
      (c) Immediately following the conclusion of the debate on the
    resolution with respect to a reorganization plan, and a single quorum
    call at the conclusion of the debate if requested in accordance with the
    rules of the appropriate House, the vote on final passage of the
    resolution shall occur.
      (d) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution with
    respect to a reorganization plan shall be decided without debate.
      (e) If, prior to the passage by one House of a resolution of that
    House, that House receives a resolution with respect to the same
    reorganization plan from the other House, then--
              (1) the procedure in that House shall be the same as if no
            resolution had been received from the other House; but
              (2) the vote on final passage shall be on the resolution of
            the other House.

      Section 905(b) was amended by Public Law 98-614 to terminate the
    authority of the President to submit reorganization plans under this
    statute on December 31, 1984. These provisions are carried in this
    compilation because other Acts have incorporated their procedures by
    reference.

    [[Page 1136]]

                                                                Sec. 1130(2)

           2. War Powers Resolution, Sec. Sec. 5-7 [50 U.S.C. 1544-46]

      Sec. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be
    transmitted to the Speaker of the House of Representatives and to the
    President pro tempore of the Senate on the same calendar day. Each
    report so transmitted shall be referred to the Committee on
    International Relations of the House of Representatives and to the
    Committee on Foreign Relations of the Senate for appropriate action. If,
    when the report is transmitted, the Congress has adjourned sine die or
    has adjourned for any period in excess of three calendar days, the
    Speaker of the House of Representatives and the President pro tempore of
    the Senate, if they deem if advisable (or if petitioned by at least 30
    percent of the membership of their respective Houses) shall jointly
    request the President to convene Congress in order that it may consider
    the report and take appropriate action pursuant to this section.
      (b) Within sixty calendar days after a report is submitted or is
    required to be submitted pursuant to section 4(a)(1), whichever is
    earlier, the President shall terminate any use of United States Armed
    Forces with respect to which such report was submitted (or required to
    be submitted), unless the Congress (1) has declared war or has enacted a
    specific authorization for such use of United States Armed Forces, (2)
    has extended by law such sixty-day period, or (3) is physically unable
    to meet as a result of an armed attack upon the United States. Such
    sixty-day period shall be extended for not more than an additional
    thirty days if the President determines and certifies to the Congress in
    writing that unavoidable military necessity respecting the safety of
    United States Armed Forces requires the continued use of such armed
    forces in the course of bringing about a prompt removal of such forces.
      (c) Notwithstanding subsection (b), at any time that United States
    Armed Forces are engaged in hostilities outside the territory of the
    United States, its possessions and territories without a declaration of
    war or specific statutory authorization, such forces shall be removed by
    the President if the Congress so directs by concurrent resolution.

      This section (and section 7, infra) should be read in light of INS v.
    Chadha, 462 U.S. 919 (1983).

    [[Page 1137]]

      Sec. 6. (a) Any joint resolution or bill introduced pursuant to
    section 5(b) at least thirty calendar days before the expiration of the
    sixty-day period specified in such section shall be referred to the
    Committee on International Relations of the House of Representatives or
    the Committee on Foreign Relations of the Senate, as the case may be,
    and such committee shall report one such joint resolution or bill,
    together with its recommendations, not later than twenty-four calendar
    days before the expiration of the sixty-day period specified in such
    section, unless such House shall otherwise determine by the yeas and
    nays.
      (b) Any joint resolution or bill so reported shall become the pending
    business of the House in question (in the case of the Senate the time
    for debate shall be equally divided between the proponents and the
    opponents), and shall be voted on within three calendar days thereafter,
    unless such House shall otherwise determine by yeas and nays.
      (c) Such a joint resolution or bill passed by one House shall be
    referred to the committee of the other House named in subsection (a) and
    shall be reported out not later than fourteen calendar days before the
    expiration of the sixty-day period specified in section 5(b). The joint
    resolution or bill so reported shall become the pending business of the
    House in question and shall be voted on within three calendar days after
    it has been reported, unless such House shall otherwise determine by
    yeas and nays.
      (d) In the case of any disagreement between the two Houses of Congress
    with respect to a joint resolution or bill passed by both Houses,
    conferees shall be promptly appointed and the committee of conference
    shall make and file a report with respect to such resolution or bill not
    later than four calendar days before the expiration of the sixty-day
    period specified in section 5(b). In the event the conferees are unable
    to agree within 48 hours, they shall report back to their respective
    Houses in disagreement. Notwithstanding any rule in either House
    concerning the printing of conference reports in the Record or
    concerning any delay in the consideration of such reports, such report
    shall be acted on by both Houses not later than the expiration of such
    sixty-day period.

      Sec. 7. (a) Any concurrent resolution introduced pursuant to section
    5(c) shall be referred to the Committee on International Relations of
    the House of Representatives or the Committee on Foreign Relations of
    the Senate, as the case may be, and one such concurrent resolution shall
    be reported out by such committee together with its rec

    [[Page 1138]]

    ommendations within fifteen calendar days, unless such House shall
    otherwise determine by the yeas and nays.
      (b) Any concurrent resolution so reported shall become the pending
    business of the House in question (in the case of the Senate the time
    for debate shall be equally divided between the proponents and the
    opponents) and shall be voted on within three calendar days thereafter,
    unless such House shall otherwise determine by yeas and nays.
      (c) Such a concurrent resolution passed by one House shall be referred
    to the committee of the other House named in subsection (a) and shall be
    reported out by such committee together with its recommendations within
    fifteen calendar days and shall thereupon become the pending business of
    such House and shall be voted upon within three calendar days, unless
    such House shall otherwise determine by yeas and nays.
      (d) In the case of any disagreement between the two Houses of Congress
    with respect to a concurrent resolution passed by both Houses, conferees
    shall be promptly appointed and the committee of conference shall make
    and file a report with respect to such concurrent resolution within six
    calendar days after the legislation is referred to the committee of
    conference. Notwithstanding any rule in either House concerning the
    printing of conference reports in the Record or concerning any delay in
    the consideration of such reports, such report shall be acted on by both
    Houses not later than six calendar days after the conference report is
    filed. In the event the conferees are unable to agree within 48 hours,
    they shall report back to their respective Houses in disagreement.

      In the 94th Congress the President was granted authority to implement
    a ``Sinai early-warning system'' involving the assignment of civilian
    personnel to noncombat functions. In the same enactment, Congress
    provided for privileged consideration of a concurrent resolution calling
    for the removal of such personnel (see 22 U.S.C. 2348 note).
      In the 98th Congress the Committee on Foreign Affairs reported a joint
    resolution providing statutory authorization under the War Powers
    Resolution for a multinational peacekeeping force in Lebanon. The joint
    resolution would have been subject to consideration under the procedural
    provisions of the statute, but the House adopted a special order
    reported from the Committee on Rules varying the procedures for
    consideration of the joint resolution and also providing for
    consideration of a similar Senate joint resolution (H. Res. 318, Sept.
    28, 1983, p. 26108). The House subsequently passed a Senate joint
    resolution on the subject that changed the Rules of the House and Senate
    to provide special procedures for consideration

    [[Page 1139]]

    of a joint resolution or bill to amend or repeal its provisions (P.L.
    98-119, Sept. 29, 1983, p. 26493).
      The 98th Congress provided for expedited consideration in the Senate
    of bills or joint resolutions requiring the removal of U.S. forces
    engaged in hostilities outside U.S. territory without a declaration of
    war (P.L. 98-164, 97 Stat. 1062). Those procedures appear in section
    601(b) of the International Security Assistance and Arms Export Control
    Act of 1976 (P.L. 94-329; 90 Stat. 765).
      In the 102d and 107th Congresses the President was granted specific
    authority within the meaning of section 5(b) of the Act to use U.S.
    armed forces (P.L. 102-1; P.L. 107-40; P.L. 107-243).
      In the 103d Congress the Committee on Foreign Affairs reported H. Con.
    Res. 170, directing the President pursuant to 5(c) of the Act to remove
    United States Armed Forces from Somalia by January 31, 1994. By
    unanimous consent the House extended by one day the time for privileged
    consideration of that measure under section 7(b) (Nov. 4, 1993, p.
    27393).
      In the 105th Congress the Committee on International Relations (now
    Foreign Affairs) reported H. Con. Res. 227, directing the President
    pursuant to section 5(c) of the Act to remove United States Armed Forces
    from the Republic of Bosnia and Herzegovina. By unanimous consent the
    House postponed consideration of the measure until a date certain and
    provided for its consideration under a ``closed'' procedure (Mar. 12,
    1998, p. 3398).
      In the 106th Congress the Committee on International Relations (now
    Foreign Affairs) reported H. Con. Res. 82, directing the President
    pursuant to section 5(c) of the Act to remove United States Armed Forces
    from their positions in connection with the operations against the
    Federal Republic of Yugoslavia, and H. J. Res. 44, pursuant to section
    5(b) of the Act and article I, section 8 of the Constitution, declaring
    a state of war between the United States and the Government of the
    Federal Republic of Yugoslavia. The House adopted a special order
    reported from the Committee on Rules varying the statutory procedures
    for consideration of both measures (H. Res. 151, Apr. 28, 1999, p.
    7718).
                                                                Sec. 1130(3)

            3. National Emergencies Act [50 U.S.C. 1601, 1621, 1622]

               title i--terminating existing declared emergencies

                                [50 U.S.C. 1601]

      Sec. 101. (a) All powers and authorities possessed by the President,
    any other officer or employee of the Federal Government, or any
    executive agency, as defined in section 105 of title 5, United States
    Code, as a result of the existence of any declaration of national
    emergency in effect on the date of enactment of this Act [Sept. 14,
    1976]

    [[Page 1140]]

    are terminated two years from the date of such enactment. Such
    termination shall not affect--
              (1) any action taken or proceeding pending not finally
            concluded or determined on such date;
              (2) any action or proceeding based on any act committed prior
            to such date; or
              (3) any rights or duties that matured or penalties that were
            incurred prior to such date.
      (b) For the purpose of this section, the words ``any national
    emergency in effect'' means a general declaration of emergency made by
    the President.

              title ii--declarations of future national emergencies

                                [50 U.S.C. 1621]

      Sec. 201. (a) With respect to Acts of Congress authorizing the
    exercise, during the period of a national emergency, of any special or
    extraordinary power, the President is authorized to declare such
    national emergency. Such proclamation shall immediately be transmitted
    to the Congress and published in the Federal Register.
      (b) Any provisions of law conferring powers and authorities to be
    exercised during a national emergency shall be effective and remain in
    effect (1) only when the President (in accordance with subsection (a) of
    this section), specifically declares a national emergency, and (2) only
    in accordance with this Act. No law enacted after the date of enactment
    of this Act shall supersede this title unless it does so in specific
    terms, referring to this title, and declaring that the new law
    supersedes the provisions of this title.

                                [50 U.S.C. 1622]

      Sec. 202. (a) Any national emergency declared by the President in
    accordance with this title shall terminate if--
              (1) there is enacted into law a joint resolution terminating
            the emergency; or
              (2) the President issues a proclamation terminating the
            emergency.
    Any national emergency declared by the President shall be terminated on
    the date specified in any joint resolution referred to in clause (1) or
    on the date specified in a proclamation by the President terminating the
    emergency as provided in clause (2) of this subsection, whichever date
    is

    [[Page 1141]]

    earlier, and any powers or authorities exercised by reason of said
    emergency shall cease to be exercised after such specified date, except
    that such termination shall not affect--
              (A) any action taken or proceeding pending not finally
            concluded or determined on such date;
              (B) any action or proceeding based on any act committed prior
            to such date; or
              (C) any rights or duties that matured or penalties that were
            incurred prior to such date.
      (b) Not later than six months after a national emergency is declared,
    and not later than the end of each six-month period thereafter that such
    emergency continues, each House of Congress shall meet to consider a
    vote on a joint resolution to determine whether that emergency shall be
    terminated.
      (c)(1) A joint resolution to terminate a national emergency declared
    by the President shall be referred to the appropriate committee of the
    House of Representatives or the Senate, as the case may be. One such
    joint resolution shall be reported out by such committee together with
    its recommendations within fifteen calendar days after the day on which
    such resolution is referred to such committee, unless such House shall
    otherwise determine by the yeas and nays.
      (2) Any joint resolution so reported shall become the pending business
    of the House in question (in the case of the Senate the time for debate
    shall be equally divided between the proponents and the opponents) and
    shall be voted on within three calendar days after the day on which such
    resolution is reported, unless such House shall otherwise determine by
    yeas and nays.
      (3) Such a joint resolution passed by one House shall be referred to
    the appropriate committee of the other House and shall be reported out
    by such committee together within its recommendations within fifteen
    calendar days after the day on which such resolution is referred to such
    committee and shall thereupon become the pending business of such House
    and shall be voted upon within three calendar days after the day on
    which such resolution is reported, unless such House shall otherwise
    determine by yeas and nays.
      (4) In the case of any disagreement between the two Houses of Congress
    with respect to a joint resolution passed by both Houses, conferees
    shall be promptly appointed and the committee of conference shall make
    and

    [[Page 1142]]

    file a report with respect to such joint resolution within six calendar
    days after the day on which managers on the part of the Senate and the
    House have been appointed. Notwithstanding any rule in either House
    concerning the printing of conference reports or concerning any delay in
    the consideration of such reports, such report shall be acted on by both
    Houses not later than six calendar days after the conference report is
    filed in the House in which such report is filed first. In the event the
    conferees are unable to agree within forty-eight hours, they shall
    report back to their respective Houses in disagreement.
      (5) Paragraphs (1)-(4) of this subsection (b) of this section, and
    section 502(b) of this Act are enacted by Congress--
              (A) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            the House in the case of resolutions described by this
            subsection; and they supersede other rules only to the extent
            that they are inconsistent therewith; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner, and to
            the same extent as in the case of any other rule of that House.
      (d) Any national emergency declared by the President in accordance
    with this title, and not otherwise previously terminated, shall
    terminate on the anniversary of the declaration of that emergency if,
    within the ninety-day period prior to each anniversary date, the
    President does not publish in the Federal Register and transmit to the
    Congress a notice stating that such emergency is to continue in effect
    after such anniversary.

       A privileged motion to discharge a committee from further
    consideration of a joint resolution terminating an emergency is
    available after the measure has been referred to committee for 15
    calendar days (Nov. 7, 2005, pp. 25133, 25134).
                                                                Sec. 1130(4)

      4. International Emergency Economic Powers Act [50 U.S.C. 1702, 1706]

      Sec. 203. (a)(1) At the times and to the extent specified in section
    202, the President may, under such regulations

    [[Page 1143]]

    as he may prescribe, by means of instructions, licenses, or otherwise--
              (A) investigate, regulate, or prohibit--
                      (i) any transactions in foreign exchange,
                      (ii) transfers of credit or payments between, by,
                    through, or to any banking institution, to the extent
                    that such transfers or payments involve any interest of
                    any foreign country or a national thereof,
                      (iii) the importing or exporting of currency or
                    securities,
            by any person, or with respect to any property, subject to the
            jurisdiction of the United States;
              (B) investigate, block during the pendency of an
            investigation, regulate, direct and compel, nullify, void,
            prevent or prohibit, any acquisition, holding, withholding, use,
            transfer, withdrawal, transportation, importation or exportation
            of, or dealing in, or exercising any right, power, or privilege
            with respect to, or transactions involving, any property in
            which any foreign country or a national thereof has any interest
            by any person, or with respect to any property, subject to the
            jurisdiction of the United States; and
              (C) when the United States is engaged in armed hostilities or
            has been attacked by a foreign country or foreign nationals,
            confiscate any property, subject to the jurisdiction of the
            United States, of any foreign person, foreign organization, or
            foreign country that he determines has planned, authorized,
            aided, or engaged in such hostilities or attacks against the
            United States; and all right, title, and interest in any
            property so confiscated shall vest, when, as, and upon the terms
            directed by the President, in such agency or person as the
            President may designate from time to time, and upon such terms
            and conditions as the President may prescribe, such interest or
            property shall be held, used, administered, liquidated, sold, or
            otherwise dealt with in the interest of and for the benefit of
            the United States, and such designated agency or person may
            perform any and all acts incident to the accomplishment or
            furtherance of these purposes.

                                      * * *

      Sec. 207. * * * (b) The authorities described in subsection (a)(1) may
    not continue to be exercised under this

    [[Page 1144]]

    section if the national emergency is terminated by the Congress by
    concurrent resolution pursuant to section 202 of the National
    Emergencies Act [50 U.S.C. 1622] and if the Congress specifies in such
    concurrent resolution that such authorities may not continue to be
    exercised under this section.
                                                                Sec. 1130(5)

      5. District of Columbia Home Rule Act, Sec. Sec. 303(b), 602(c), 604

      Sec. 303. * * * (b) An amendment to the charter ratified by the
    registered electors shall take effect upon the expiration of the 35-
    calendar-day period (excluding Saturday, Sunday, holidays, and days on
    which either House of Congress is not in session) following the date
    such amendment was submitted to the Congress, or upon the date
    prescribed by such amendment, whichever is later, unless during such 35-
    day period, there has been enacted into law a joint resolution, in
    accordance with the procedures specified in section 604 of this Act,
    disapproving such amendment. In any case in which any such joint
    resolution disapproving such an amendment has, within such 35-day
    period, passed both Houses of Congress and has been transmitted to the
    President, such resolution, upon becoming law subsequent to the
    expiration of such 35-day period, shall be deemed to have repealed such
    amendment, as of the date such resolution becomes law.

      Sec. 602. * * * (c)(1) Except acts of the Council which are submitted
    to the President in accordance with the Budget and Accounting Act, 1921,
    any act which the Council determines according to section 412(a), should
    take effect immediately because of emergency circumstances, and acts
    proposing amendments to title IV of this Act, and except as provided in
    section 462(c) and section 472(d)(1) [relative to borrowing in
    anticipation of revenues], the Chairman of the Council shall transmit to
    the Speaker of the House of Representatives, and the President of the
    Senate a copy of each act passed by the Council and signed by the Mayor,
    or vetoed by the Mayor and repassed by two-thirds of the Council present
    and voting, each act passed by the Council and allowed to become
    effective by the Mayor without his signature, and each initiated act and
    act subject to referendum which has been ratified by a majority of the
    registered qualified electors voting on the initiative or referendum.
    Except as provided

    [[Page 1145]]

    in paragraph (2), such act shall take effect upon the expiration of the
    30-calendar-day period (excluding Saturdays, Sundays, and holidays, and
    any day on which neither House is in session because of an adjournment
    sine die, a recess of more than three days, or an adjournment of more
    than three days) beginning on the day such act is transmitted by the
    Chairman to the Speaker of the House of Representatives and the
    President of the Senate, or upon the date prescribed by such act,
    whichever is later, unless during such 30-day period, there has been
    enacted into law a joint resolution disapproving such act. In any case
    in which any such joint resolution disapproving such an act has, within
    such 30-day period, passed both Houses of Congress and has been
    transmitted to the President, such resolution, upon becoming law,
    subsequent to the expiration of such 30-day period, shall be deemed to
    have repealed such act, as of the date such resolution becomes law. The
    provisions of section 604, except subsections (d), (e), and (f) of such
    section, shall apply with respect to any joint resolution disapproving
    any act pursuant to this paragraph.
      (2) In the case of any such Act transmitted by the Chairman with
    respect to any Act codified in title 22, 23, or 24 of the District of
    Columbia Code, such act shall take effect at the end of the 60-day
    period beginning on the day such act is transmitted by the Chairman to
    the Speaker of the House of Representatives and the President of the
    Senate unless, during such 60-day period, there has been enacted into
    law a joint resolution disapproving such act. In any case in which any
    such joint resolution disapproving such an act has, within such 60-day
    period, passed both Houses of Congress and has been transmitted to the
    President, such resolution, upon becoming law subsequent to the
    expiration of such 60-day period shall be deemed to have repealed such
    act, as of the date such resolution becomes law. The provisions of
    section 604, relating to an expedited procedure for consideration of
    joint resolutions, shall apply to a joint resolution disapproving such
    Act as specified in this paragraph.
      (3) The Council shall submit with each Act transmitted under this
    subsection an estimate of the costs which will be incurred by the
    District of Columbia as a result of the enactment of the Act in each of
    the first 4 fiscal years for which the Act is in effect, together with a
    statement of the basis for such estimate.

    [[Page 1146]]

                congressional action on certain district matters

      Sec. 604. (a) This section is enacted by Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such these
            provisions are deemed a part of the rule of each House,
            respectively, but applicable only with respect to the procedure
            to be followed in that House in the case of resolutions
            described by this section; and they supersede other rules only
            to the extent that they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rule (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.
      (b) For the purpose of this section, ``resolution'' means only a joint
    resolution, the matter after the resolving clause of which is as
    follows: ``That the ___ approves/disapproves of the action of the
    District of Columbia Council described as follows: ___.'', the blank
    spaces therein being appropriately filled, and either approval or
    disapproval being appropriately indicated; but does not include a
    resolution which specifies more than one action.
      (c) A resolution with respect to Council action shall be referred to
    the Committee on Government Reform of the House of Representatives, or
    the Committee on the District of Columbia of the Senate, by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.
      (d) If the committee to which a resolution has been referred has not
    reported it at the end of twenty calendar days after its introduction,
    it is in order to move to discharge the committee from further
    consideration of any other resolution with respect to the same Council
    action which has been referred to the committee.
      (e) A motion to discharge may be made only by an individual favoring
    the resolution, is highly privileged (except that it may not be made
    after the committee has reported a resolution with respect to the same
    action), and debate thereon shall be limited to not more than one hour,
    to be divided equally between those favoring and those opposing the
    resolution. An amendment to the motion is not in order, and it is not in
    order to move to reconsider the vote by which the motion is agreed to or
    disagreed to.

    [[Page 1147]]

      (f) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same action.
      (g) When the committee has reported, or has been discharged from
    further consideration of, a resolution, it is at any time thereafter in
    order (even though a previous motion to the same effect has been
    disagreed to) to move to proceed to the consideration of the resolution.
    The motion is highly privileged and is not debatable. An amendment to
    the motion is not in order, and it is not in order to move to reconsider
    the vote by which the motion is agreed to or disagreed to.
      (h) Debate on the resolution shall be limited to not more than ten
    hours, which shall be divided equally between those favoring and those
    opposing the resolution. A motion further to limit debate is not
    debatable. An amendment to, or motion to recommit, the resolution is not
    in order, and it is not in order to move to reconsider the vote by which
    the resolution is agreed to or disagreed to.
      (i) Motions to postpone made with respect to the discharge from
    committee or the consideration of a resolution, and motions to proceed
    to the consideration of other business, shall be decided without debate.
      (j) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution shall be
    decided without debate.

      It is not in order to offer as privileged a motion to discharge the
    Committee on the District of Columbia (now Oversight and Government
    Reform) from a simple (now joint) resolution disapproving an act passed
    by the D.C. City Council before the time that the Council was vested
    with the authority to pass the category of act to which the simple
    resolution disapproval procedure applies (Speaker Albert, Sept. 22,
    1976, pp. 31873-74). The D.C. City Council subsequently having been
    vested with that authority, a motion to discharge the Committee on the
    District of Columbia (now Oversight and Government Reform) from further
    consideration of a (joint) resolution disapproving an act of the Council
    amending the D.C. Criminal Code is privileged after 20 calendar days
    from introduction of the resolution, if not reported during that time
    (Oct. 1, 1981, p. 22752; Oct. 14, 1987, p. 27847).
      Section 604 does not provide a privileged motion to discharge the
    Committee on the District of Columbia (now Oversight and Government
    Reform) from a concurrent (now joint) resolution disapproving acts of
    the D.C. City Council not affecting the D.C. Criminal Code, such
    concurrent resolutions only being privileged when reported by that
    committee (Speak

    [[Page 1148]]

    er Albert, Sept. 22, 1976, pp. 31873-74). The House has provided that
    section 604(g) not apply to a specified joint resolution of disapproval
    (not affecting the D.C. Criminal Code) and instead provided for its
    separate consideration by special order of business (Apr. 30, 2015, p.
    _). Under section 604(h), debate on a concurrent (now joint) resolution
    of disapproval can be limited by motion, but otherwise extends not to
    exceed 10 hours; a concurrent (now joint) resolution disapproving an
    action of the D.C. Council that does not affect the U.S. Treasury is
    considered in the House (Dec. 20, 1979, p. 37303).
                                                               Sec. 1130(6A)

     6. Title X of the Congressional Budget and Impoundment Control Act of
                                      1974

                 a. impoundment control, Sec. Sec. 1011-13, 1017

                             [2 U.S.C. 682-84, 688]

                                   definitions

      Sec. 1011. For purposes of this part--
              (1) ``deferral of budget authority'' includes--
                      (A) withholding or delaying the obligation or
                    expenditure of budget authority (whether by establishing
                    reserves or otherwise) provided for projects or
                    activities; or
                      (B) any other type of Executive action or inaction
                    which effectively precludes the obligation or
                    expenditure of budget authority, including authority to
                    obligate by contract in advance of appropriations as
                    specifically authorized by law;
              (2) ``Comptroller General'' means the Comptroller General of
            the United States;
              (3) ``rescission bill'' means a bill or joint resolution which
            only rescinds, in whole or in part, budget authority proposed to
            be rescinded in a special message transmitted by the President
            under section 1012, and upon which the Congress completes action
            before the end of the first period of 45 calendar days of
            continuous session of the Congress after the date on which the
            President's message is received by the Congress;
              (4) ``impoundment resolution'' means a resolution of the House
            of Representatives or the Senate which only expresses its
            disapproval of a proposed deferral of budget authority set forth
            in a special message transmitted by the President under section
            1013; and

    [[Page 1149]]

              (5) continuity of a session of the Congress shall be
            considered as broken only by an adjournment of the Congress sine
            die, and the days on which either House is not in session
            because of an adjournment of more than 3 days to a day certain
            shall be excluded in the computation of the 45-day period
            referred to in paragraph (3) of this section and in section
            1012, and the 25-day periods referred to in sections 1016 and
            1017(b)(1). If a special message is transmitted under section
            1012 during any Congress and the last session of such Congress
            adjourns sine die before the expiration of 45 calendar days of
            continuous session (or a special message is so transmitted after
            the last session of the Congress adjourns sine die), the message
            shall be deemed to have been retransmitted on the first day of
            the succeeding Congress and the 45-day period referred to in
            paragraph (3) of this section and in section 1012 (with respect
            to such message) shall commence on the day after such first day.

                         rescission of budget authority

      Sec. 1012. (a) transmittal of special message.--Whenever the President
    determines that all or part of any budget authority will not be required
    to carry out the full objectives or scope of programs for which it is
    provided or that such budget authority should be rescinded for fiscal
    policy or other reasons (including the termination of authorized
    projects or activities for which budget authority has been provided), or
    whenever all or part of budget authority provided for only one fiscal
    year is to be reserved from obligation for such fiscal year, the
    President shall transmit to both Houses of Congress a special message
    specifying--
              (1) the amount of budget authority which he proposes to be
            rescinded or which is to be so reserved;
              (2) any account, department, or establishment of the
            Government to which such budget authority is available for
            obligation, and the specific project or governmental functions
            involved;
              (3) the reasons why the budget authority should be rescinded
            or is to be so reserved;
              (4) to the maximum extent practicable, the estimated fiscal,
            economic, and budgetary effect of the proposed rescission or of
            the reservation; and

    [[Page 1150]]

              (5) all facts, circumstances, and considerations relating to
            or bearing upon the proposed rescission or the reservation and
            the decision to effect the proposed rescission or the
            reservation, and to the maximum extent practicable, the
            estimated effect of the proposed rescission or the reservation
            upon the objects, purposes, and programs for which the budget
            authority is provided.
      (b) requirement to make available for obligation.--Any amount of
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in such special message shall be made available for obligation
    unless, within the prescribed 45-day period, the Congress has completed
    action on a rescission bill rescinding all or part of the amount
    proposed to be rescinded or that is to be reserved. Funds made available
    for obligation under this procedure may not be proposed for rescission
    again.

                     proposed deferrals of budget authority

      Sec. 1013. (a) transmittal of special message.--Whenever the
    President, the Director of the Office of Management and Budget, the head
    of any department or agency of the United States, or any officer or
    employee of the United States proposes to defer any budget authority
    provided for a specific purpose or project, the President shall transmit
    to the House of Representatives and the Senate a special message
    specifying--
              (1) The amount of the budget authority proposed to be
            deferred;
              (2) any account, department, or establishment of the
            Government to which such budget authority is available for
            obligation, and the specific projects or governmental functions
            involved;
              (3) the period of time during which the budget authority is
            proposed to be deferred;
              (4) the reasons for the proposed deferral, including any legal
            authority invoked to justify the proposed deferral;
              (5) to the maximum extent practicable, the estimated fiscal,
            economic, and budgetary effect of the proposed deferral; and
              (6) all facts, circumstances, and considerations relating to
            or bearing upon the proposed deferral and the decision to effect
            the proposed deferral, including an analysis of such facts,
            circumstances, and consider

    [[Page 1151]]

            ations in terms of their application to any legal authority,
            including specific elements of legal authority, invoked to
            justify such proposed deferral, and to the maximum extent
            practicable, the estimated effect of the proposed deferral upon
            the objects, purposes, and programs for which the budget
            authority is provided.
    A special message may include one or more proposed deferrals of budget
    authority. A deferral may not be proposed for any period of time
    extending beyond the end of the fiscal year in which the special message
    proposing the deferral is transmitted to the House and the Senate.
      (b) consistency with legislative policy.--Deferrals shall be
    permissible only--
              (1) to provide for contingencies;
              (2) to achieve savings made possible by or through changes in
            requirements or greater efficiency of operations; or
              (3) as specifically provided by law.
    No officer or employee of the United States may defer any budget
    authority for any other purpose.
      (c) exception.--The provisions of this section do not apply to any
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in a special message required to be transmitted under section
    1012.

                                      * * *

                          procedure in house and senate

      Sec. 1017. (a) referral.--Any rescission bill introduced with respect
    to a special message or impoundment resolution introduced with respect
    to a proposed deferral of budget authority shall be referred to the
    appropriate committee of the House of Representatives or the Senate, as
    the case may be.
      (b) discharge of committee.--(1) If the committee of which a
    rescission bill or impoundment resolution has been referred has not
    reported it at the end of 25 calendar days of continuous session of the
    Congress after its introduction, it is in order to move either to
    discharge the committee from further consideration of the bill or
    resolution or to discharge the committee from further consideration of
    any other rescission bill with respect to the same special message or
    impoundment resolution with respect to the same proposed deferral, as
    the case may be, which has been referred to the committee.

    [[Page 1152]]

      (2) A motion to discharge may be made only by an individual favoring
    the bill or resolution, may be made only if supported by one-fifth of
    the Members of the House involved (a quorum being present), and is
    highly privileged in the House and privileged in the Senate (except that
    it may not be made after the committee has reported a bill or resolution
    with respect to the same special message or the same proposed deferral,
    as the case may be); and debate thereon shall be limited to not more
    than 1 hour, the time to be divided in the House equally between those
    favoring and those opposing the bill or resolution, and to be divided in
    the Senate equally between, and controlled by, the majority leader and
    the minority leader or their designees. An amendment to the motion is
    not in order, and it is not in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to.
      (c) floor consideration in the house.--(1) When the committee of the
    House of Representatives has reported, or has been discharged from
    further consideration of, a rescission bill or impoundment resolution,
    it shall at any time thereafter be in order (even though a previous
    motion to the same effect has been disagreed to) to move to proceed to
    the consideration of the bill or resolution. The motion shall be highly
    privileged and not debatable. An amendment to the motion shall not be in
    order, nor shall it be in order to move to reconsider the vote by which
    the motion is agreed to or disagreed to.
      (2) Debate on a rescission bill or impoundment resolution shall be
    limited to not more than 2 hours, which shall be divided equally between
    those favoring and those opposing the bill or resolution. A motion
    further to limit debate shall not be debatable. In the case of an
    impoundment resolution, no amendment to, or motion to recommit, the
    resolution shall be in order. It shall not be in order to move to
    reconsider the vote by which a rescission bill or impoundment resolution
    is agreed to or disagreed to.
      (3) Motions to postpone, made with respect to the consideration of a
    rescission bill or impoundment resolution, and motions to proceed to the
    consideration of other business, shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to any rescission bill or impoundment resolution
    shall be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of any

    [[Page 1153]]

    rescission bill or impoundment resolution and amendments thereto (or any
    conference report thereon) shall be governed by the Rules of the House
    of Representatives applicable to other bills and resolutions,
    amendments, and conference reports in similar circumstances.
      (d) floor consideration in the senate.--(1) Debate in the Senate on
    any rescission bill or impoundment resolution, and all amendments
    thereto (in the case of a rescission bill) and debatable motions and
    appeals in connection therewith, shall be limited to not more than 10
    hours. The time shall be equally divided between, and controlled by, the
    majority leader and the minority leader or their designees.
      (2) Debate in the Senate on any amendment to a rescission bill shall
    be limited to 2 hours, to be equally divided between, and controlled by,
    the mover and the manager of the bill. Debate on any amendment to an
    amendment, to such a bill, and debate on any debatable motion or appeal
    in connection with such a bill or an impoundment resolution shall be
    limited to 1 hour, to be equally divided between, and controlled by, the
    mover and the manager of the bill or resolution, except that in the
    event the manager of the bill or resolution is in favor of any such
    amendment, motion, or appeal, the time in opposition thereto, shall be
    controlled by the minority leader or his designee. No amendment that is
    not germane to the provisions of a rescission bill shall be received.
    Such leaders, or either of them, may, from the time under their control
    on the passage of a rescission bill or impoundment resolution, allot
    additional time to any Senator during the consideration of any
    amendment, debatable motion, or appeal.
      (3) A motion to further limit debate is not debatable. In the case of
    a rescission bill, a motion to recommit (except a motion to recommit
    with instructions to report back within a specified number of days, not
    to exceed 3, not counting any day on which the Senate is not in session)
    is not in order. Debate on any such motion to recommit shall be limited
    to one hour, to be equally divided between, and controlled by, the mover
    and the manager of the concurrent resolution. In the case of an
    impoundment resolution, no amendment or motion to recommit is in order.
      (4) The conference report on any rescission bill shall be in order in
    the Senate at any time after the third day (excluding Saturdays,
    Sundays, and legal holidays) following the day on which such a
    conference report is reported and

    [[Page 1154]]

    is available to Members of the Senate. A motion to proceed to the
    consideration of the conference report may be made even though a
    previous motion to the same effect has been disagreed to.
      (5) During the consideration in the Senate of the conference report on
    any rescission bill, debate shall be limited to 2 hours, to be equally
    divided between, and controlled by, the majority leader and minority
    leader or their designees. Debate on any debatable motion or appeal
    related to the conference report shall be limited to 30 minutes, to be
    equally divided between, and controlled by, the mover and the manager of
    the conference report.
      (6) Should the conference report be defeated, debate on any request
    for a new conference and the appointment of conferees shall be limited
    to one hour, to be equally divided, between, and controlled by, the
    manager of the conference report and the minority leader or his
    designee, and should any motion be made to instruct the conferees before
    the conferees are named, debate on such motion shall be limited to 30
    minutes, to be equally divided between, and controlled by, the mover and
    the manager of the conference report. Debate on any amendment to any
    such instructions shall be limited to 20 minutes, to be equally divided
    between, and controlled by the mover and the manager of the conference
    report. In all cases when the manager of the conference report is in
    favor of any motion, appeal, or amendment, the time in opposition shall
    be under the control of the minority leader or his designee.
      (7) In any case in which there are amendments in disagreement, time on
    each amendment shall be limited to 30 minutes, to be equally divided
    between, and controlled by, the manager of the conference report and the
    minority leader or his designee. No amendment that is not germane to the
    provisions of such amendments shall be received.

      The privileged status given in section 1017(c)(1) to rescission bills
    within the 45-day period prescribed in section 1011 applies only to the
    initial consideration of the bill in the House, and consideration of a
    conference report on any bill containing rescissions of budget authority
    is subject only to the general rules of the House relating to conference
    reports and is not prevented by the expiration of the 45-day period
    following the initial consideration of the bill in the House (Speaker
    Albert, Mar. 25, 1975, pp. 8484-85).

    [[Page 1155]]

                                                               Sec. 1130(6B)

                 b. line item veto authority, Sec. Sec. 1021-27

                                 [P.L. 104-130]

                            line item veto authority

      In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme Court
    held that the cancellation procedures of the Line Item Veto Act violated
    the presentment clause of article I, section 7 of the Constitution.
    During the period between the January 1, 1997, effective date of the Act
    and the Court decision, the President exercised his authority under the
    Act to cancel dollar amounts of discretionary budget authority (see
    e.g., H. Doc. 105-147), new direct spending (H. Doc. 105-115), and
    limited tax benefits (H. Doc. 105-116). Cancellations were effective
    unless disapproved by law (P.L. 105-159). The congressional review
    procedures remained in the law until their expiration on January 1,
    2005, but were not invoked following the Court's decision. Accordingly
    their text is omitted here but may be found in pp. 1029-45 of the House
    Rules and Manual for the 105th Congress. The procedures may be
    summarized as follows: The cancellations were transmitted to the
    Congress by the President by a special message within five calendar days
    after the enactment of the law to which the cancellation applied. The
    Act provided for a congressional review period of 30 calendar days of
    session with expedited House consideration of bills disapproving the
    cancellations including: (1) prescribing the text (section 1026(6)); (2)
    referral to committee with directions to report within seven calendar
    days subject to a motion to discharge (section 1025(d)); (3)
    consideration of a disapproval bill in the Committee of the Whole with
    no amendment in order (except that a Member, supported by 49 other
    Members, could offer an amendment striking cancellations from the bill),
    and consideration of the bill for amendment limited to one hour (section
    1025(d)); and (4) one-calendar-day availability for a conference report
    (section 1025(f)). The Act also provided for expedited procedures in the
    Senate.
                                                                Sec. 1130(7)

        7. Foreign Spent Nuclear Fuel [Department of Energy Act of 1978--
               Civilian Applications, Sec. 107 (22 U.S.C. 3224a)]

      Sec. 107. * * * Provided, That notwithstanding any other provision of
    law, that none of the funds made available to the Secretary of Energy
    under any other authorization or appropriation Act shall be used,
    directly or indirectly, for the repurchase, transportation or storage of
    any foreign spent nuclear fuel (including any nuclear fuel irradiated in
    any nuclear power reactor located outside of the United States and
    operated by any foreign legal entity,

    [[Page 1156]]

    government or nongovernment, regardless of the legal ownership or
    control of the fuel or the reactor, and regardless of the origin or
    licensing of the fuel or the reactor, but not including fuel irradiated
    in a research reactor, and not including fuel irradiated in a power
    reactor if the President determines that (1) use of funds for
    repurchase, transportation or storage of such fuel is required by an
    emergency situation, (2) it is in the interest of the common defense and
    security of the United States to take such action, and (3) he notifies
    the Congress of the determination and action, with a detailed
    explanation and justification thereof, as soon as possible) unless the
    President formally notifies, with the report information specified
    herein, the Committee on Energy and Natural Resources of the Senate and
    the Committee on Science, Space, and Technology of the House of
    Representatives of such use of funds thirty calendar days, during such
    time as either House of Congress is in session, before the commitment,
    expenditure, or obligation of such funds: And provided further, That,
    notwithstanding any other provision of law, that none of the funds
    appropriated pursuant to this Act or any other funds made available to
    the Secretary of Energy under any other authorization or appropriation
    Act shall be used, directly or indirectly, for the repurchase,
    transportation, or storage of any such foreign spent nuclear fuel for
    storage or other disposition, interim or permanent, in the United
    States, unless the use of the funds for that specific purpose has been
    (1) previously and expressly authorized by Congress in legislation
    hereafter enacted, (2) previously and expressly authorized by a
    concurrent resolution, or (3) the President submits a plan for such use,
    with the report information specified herein, thirty days during which
    the Congress is in continuous session, as defined in the Impoundment
    Control Act of 1974, prior to such use and neither House of Congress
    approves a resolution of disapproval of the plan prior to the expiration
    of the aforementioned thirty-day period. If such a resolution of
    disapproval has been introduced, but has not been reported by the
    Committee on or before the twentieth day after transmission of the
    presidential message, a privileged motion shall be in order in the
    respective body to discharge the Committee from further consideration of
    the resolution and to provide for its immediate consideration, using the
    procedures specified for consideration of an impoundment resolution in
    section 1017 of the Impoundment Control Act of 1974 (2 U.S.C. 688).

    [[Page 1157]]

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).
                                                                Sec. 1130(8)

             8. Pension Reform Act, Sec. 4006(b) [29 U.S.C. 1306(b)]

      Sec. 4006. revised schedule; congressional procedures applicable-- * *
    * (b)(1) In order to place a revised schedule (other than a schedule
    described in subsection (a)(2) (C), (D), or (E) of this section) in
    effect, the corporation shall transmit the proposed schedule, its
    proposed effective date, and the reasons for its proposal to the
    Committee on Ways and Means and the Committee on Education and Labor of
    the House of Representatives, and to the Committee on Finance and the
    Committee on Labor and Human Resources of the Senate.
      (2) The succeeding paragraphs of this subsection are enacted by
    Congress as an exercise of the rulemaking power of the Senate and the
    House of Representatives, respectively, and as such they shall be deemed
    a part of the rules of each House, respectively, but applicable only
    with respect to the procedure to be followed in that House in the case
    of resolutions described in paragraph (3). They shall supersede other
    rules only to the extent that they are inconsistent therewith. They are
    enacted with full recognition of the constitutional right of either
    House to change the rules (so far as relating to the procedure of that
    House) at any time, in the same manner and to the same extent as in the
    case of any rule of that House.
      (3) For the purpose of the succeeding paragraphs of this subsection,
    ``resolution'' means only a joint resolution, the matter after the
    resolving clause of which is as follows: ``The proposed revised schedule
    transmitted to Congress by the Pension Benefit Guaranty Corporation on
    ___ is hereby approved.'', the blank space therein being filled with the
    date on which the corporation's message proposing the rate was
    delivered.
      (4) A resolution shall be referred to the Committee on Ways and Means
    and the Committee on Education and Labor of the House of Representatives
    and to the Committee on Finance and the Committee on Labor and Human
    Resources of the Senate.
      (5) If a committee to which has been referred a resolution has not
    reported it before the expiration of 10 calendar days after its
    introduction, it shall then (but not before) be in order to move to
    discharge the committee from

    [[Page 1158]]

    further consideration of that resolution, or to discharge the committee
    from further consideration of any other resolution with respect to the
    proposed adjustment which has been referred to the committee. The motion
    to discharge may be made only by a person favoring the resolution, shall
    be highly privileged (except that it may not be made after the committee
    has reported a resolution with respect to the same proposed rate), and
    debate thereon shall be limited to not more than 1 hour, to be divided
    equally between those favoring and those opposing the resolution. An
    amendment to the motion is not in order, and it is not in order to move
    to reconsider the vote by which the motion is agreed to or disagreed to.
    If the motion to discharge is agreed to or disagreed to, the motion may
    not be renewed, nor may another motion to discharge the committee be
    made with respect to any other resolution with respect to the same
    proposed rate.
      (6) When a committee has reported, or has been discharged from further
    consideration of a resolution, it is at any time thereafter in order
    (even though a previous motion to the same effect has been disagreed to)
    to move to proceed to the consideration of the resolution. The motion is
    highly privileged and is not debatable. An amendment to the motion is
    not in order, and it is not in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to. Debate on the resolution
    shall be limited to not more than 10 hours, which shall be divided
    equally between those favoring and those opposing the resolution. A
    motion further to limit debate is not debatable. An amendment to, or
    motion to recommit, the resolution is not in order, and it is not in
    order to move to reconsider the vote by which the resolution is agreed
    to or disagreed to.
      (7) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of, a resolution and motions to proceed
    to the consideration of other business shall be decided without debate.
    Appeals from the decisions of the Chair relating to the application of
    the rules of the Senate or the House of Representatives, as the case may
    be, to the procedure relating to a resolution shall be decided without
    debate.

      By unanimous consent a concurrent resolution approving a revised
    coverage schedule proposed by the Pension Benefit Guaranty Corporation
    was considered ``in the House as in Committee of the Whole'' (Nov. 2,
    1977, pp. 36644-46).

    [[Page 1159]]

                                                                Sec. 1130(9)

      9. Multiemployer Guarantees, Revised Schedules [Employee Retirement
           Income Security Act of 1974, Sec. 4022A (29 U.S.C. 1322a)]

                     multiemployer plan benefits guaranteed

      Sec. 4022A. * * * (f)(1) No later than 5 years after September 26,
    1980, and at least every fifth year thereafter, the corporation shall--
              (A) conduct a study to determine--
                      (i) the premiums needed to maintain the basic-benefit
                    guarantee levels for multiemployer plans described in
                    subsection (c), and
                      (ii) whether the basic-benefit guarantee levels for
                    multiemployer plans may be increased without increasing
                    the basic-benefit premiums for multiemployer plans under
                    this title; and
              (B) report such determinations to the Committee on Ways and
            Means and the Committee on Education and Labor of the House of
            Representatives and to the Committee on Finance and the
            Committee on Labor and Human Resources of the Senate.
      (2)(A) If the last report described in paragraph (1) indicates that a
    premium increase is necessary to support the existing basic-benefit
    guarantee levels for multiemployer plans, the corporation shall transmit
    to the Committee on Ways and Means and the Committee on Education and
    Labor of the House of Representatives and to the Committee on Finance
    and the Committee on Labor and Human Resources of the Senate by March 31
    of any calendar year in which congressional action under this subsection
    is requested--
              (i) a revised schedule of basic-benefit guarantees for
            multiemployer plans which would be necessary in the absence of
            an increase in premiums approved in accordance with section
            4006(b) [29 U.S.C. 1306(b)],
              (ii) a revised schedule of basic-benefit premiums for
            multiemployer plans which is necessary to support the existing
            basic-benefit guarantees for such plans, and
              (iii) a revised schedule of basic-benefit guarantees for
            multiemployer plans for which the schedule of premiums necessary
            is higher than the existing premium schedule for such plans but
            lower than the revised

    [[Page 1160]]

            schedule of premiums for such plans specified in clause (ii),
            together with such schedule of premiums.
      (B) The revised schedule of increased premiums referred to in
    subparagraph (A)(ii) or (A)(iii) shall go into effect as approved by the
    enactment of a joint resolution.
      (C) If an increase in premiums is not so enacted, the revised
    guarantee schedule described in subparagraph (A)(i) shall go into effect
    on the first day of the second calendar year following the year in which
    such revised guarantee schedule was submitted to the Congress.
      (3)(A) If the last report described in paragraph (1) indicates that
    basic-benefit guarantees for multiemployer plans can be increased
    without increasing the basic-benefit premiums for multiemployer plans
    under this title, the corporation shall submit to the Committee on Ways
    and Means and the Committee on Education and Labor of the House of
    Representatives and to the Committee on Finance and the Committee on
    Labor and Human Resources of the Senate by March 31 of the calendar year
    in which congressional action under this paragraph is requested--
              (i) a revised schedule of increases in the basic-benefit
            guarantees which can be supported by the existing schedule of
            basic-benefit premiums for multiemployer plans, and
              (ii) a revised schedule of basic-benefit premiums sufficient
            to support the existing basic-benefit guarantees.
      (B) The revised schedules referred to in subparagraph (A)(i) or
    subparagraph (A)(ii) shall go into effect as approved by the Congress by
    the enactment of a joint resolution.
      (4)(A) The succeeding subparagraphs of this paragraph are enacted by
    the Congress as an exercise of the rulemaking power of the Senate and
    the House of Representatives, respectively, and as such they shall be
    deemed a part of the rules of each House, respectively, but applicable
    only with respect to the procedure to be followed in that House in the
    case of joint resolutions (as defined in subparagraph (B)). Such
    subparagraphs shall supersede other rules only to the extent that they
    are inconsistent therewith. They are enacted with full recognition of
    the constitutional right of either House to change the rules (so far as
    relating to the procedure of that House) at any time, in the same
    manner, and to the same extent as in the case of any rule of that House.

    [[Page 1161]]

      (B) For purposes of this subsection, ``joint resolution'' means only a
    joint resolution, the matter after the resolving clause of which is as
    follows: ``The proposed schedule described in ___ transmitted to the
    Congress by the Pension Benefit Guaranty Corporation on ___ is hereby
    approved.'', the first blank space therein being filled with ``section
    4022A(f)(2)(A)(ii) of the Employee Retirement Income Security Act of
    1974'', ``section 4022A(f)(2)(A)(iii) of the Employee Retirement Income
    Security Act of 1974'', ``section 4022A(f)(3)(A)(i) of the Employee
    Retirement Income Security Act of 1974'', or ``section
    4022A(f)(3)(A)(ii) of the Employee Retirement Income Security Act of
    1974'' (whichever is applicable), and the second blank space therein
    being filled with the date on which the corporation's message proposing
    the revision was submitted.
      (C) The procedure for disposition of a joint resolution shall be the
    procedure described in section 4006(b)(4) through (7) [29 U.S.C.
    1306(b)(4)-(7)]. * * *
      (g)(4)(A) No revised schedule of premiums under this subsection, after
    the initial schedule, shall go into effect unless--
              (i) the revised schedule is submitted to the Congress, and
              (ii) a joint resolution described in subparagraph (B) is not
            adopted before the close of the 60th legislative day after such
            schedule is submitted to the Congress.
      (B) For purposes of subparagraph (A), a joint resolution described in
    this subparagraph is a joint resolution the matter after the resolving
    clause of which is as follows: ``The revised premium schedule
    transmitted to the Congress by the Pension Benefit Guaranty Corporation
    under section 4022A(g)(4) of the Employee Retirement Income Security Act
    of 1974 on ___ is hereby disapproved.'', the blank space therein being
    filled with the date on which the revised schedule was submitted.
      (C) For purposes of subparagraph (A), the term ``legislative day''
    means any calendar day other than a day on which either House is not in
    session because of a sine die adjournment or an adjournment of more than
    3 days to a day certain.
      (D) The procedure for disposition of a joint resolution described in
    subparagraph (B) shall be the procedure described in paragraphs (4)
    through (7) of section 4006(b) [29 U.S.C. 1306(b)(4)-(7)].

    [[Page 1162]]

                                                               Sec. 1130(10)

    10. Atomic Energy Act Provisions on Nuclear Non-Proliferation [42 U.S.C
                                    2153-60]

                         cooperation with other nations

                                [42 U.S.C. 2153]

      Sec. 123. cooperation with other nations.--
      No cooperation with any nation, group of nations or regional defense
    organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or
    144 [42 U.S.C. 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or
    2164] shall be undertaken until--
      a. the proposed agreement for cooperation has been submitted to the
    President, which proposed agreement shall include the terms, conditions,
    duration, nature, and scope of the cooperation; and shall include the
    following requirements: * * *
      b. the President has submitted text of the proposed agreement for
    cooperation (except an agreement arranged pursuant to subsection 91c.,
    144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)], together with the accompanying unclassified Nuclear
    Proliferation Assessment Statement, to the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of the
    House of Representatives, the President has consulted with such
    Committees for a period of not less than thirty days of continuous
    session (as defined in section 130 [42 U.S.C. 2159]) concerning the
    consistency of the terms of the proposed agreement with all the
    requirements of this chapter, and the President has approved and
    authorized the execution of the proposed agreement for cooperation and
    has made a determination in writing that the performance of the proposed
    agreement will promote, and will not constitute an unreasonable risk to,
    the common defense and security;
      c. the proposed agreement for cooperation (if not an agreement subject
    to subsection d.), together with the approval and determination of the
    President, has been submitted to the Committee on Foreign Affairs of the
    House of Representatives and the Committee on Foreign Relations of the
    Senate for a period of thirty days of continuous session (as defined in
    subsection 130g. [42 U.S.C. 2159(g)]): Provided, however, That these
    committees, after having received such agreement for cooperation, may by

    [[Page 1163]]

    resolution in writing waive the conditions of all or any portion of such
    thirty-day period; and
      d. the proposed agreement for cooperation (if arranged pursuant to
    subsection 91c., 144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b),
    2164(c), or 2164(d)], or if entailing implementation of section 53,
    54a., 103, or 104 [42 U.S.C. 2073, 2074(a), 2133, or 2134] in relation
    to a reactor that may be capable of producing more than five thermal
    megawatts or special nuclear material for use in connection therewith)
    has been submitted to the Congress, together with the approval and
    determination of the President, for a period of sixty days of continuous
    session (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
    and referred to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    and in addition, in the case of a proposed agreement for cooperation
    arranged pursuant to subsection 91c., 144b., 144c., or 144d. [42 U.S.C.
    2121(c), 2164(b), 2164(c), or 2164(d)], the Committee on Armed Services
    of the House of Representatives and the Committee on Armed Services of
    the Senate, but such proposed agreement for cooperation shall not become
    effective if during such sixty-day period the Congress adopts and there
    is enacted, a joint resolution stating in substance that the Congress
    does not favor the proposed agreement for cooperation: Provided, That
    the sixty-day period shall not begin until a Nuclear Proliferation
    Assessment Statement prepared by the Secretary of State, and any annexes
    thereto, when required by subsection a., have been submitted to the
    Congress. Provided further, That an agreement for cooperation exempted
    by the President pursuant to subsection (a) of this section from any
    requirement contained in that subsection or an agreement exempted
    pursuant to section 104(a)(1) of the Henry J. Hyde United States-India
    Peaceful Atomic Energy Cooperation Act of 2006, shall not become
    effective unless the Congress adopts, and there is enacted, a joint
    resolution stating that the Congress does favor such agreement. During
    the sixty-day period the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate
    shall each hold hearings on the proposed agreement for cooperation and
    submit a report to their respective bodies recommending whether it
    should be approved or disapproved. Any such proposed agreement for
    cooperation shall be considered pursuant to the proce

    [[Page 1164]]

    dures set forth in section 130i. of this Act [42 U.S.C. 2159(i)].
      Following submission of a proposed agreement for co-operation (except
    an agreement for cooperation arranged pursuant to subsection 91c.,
    144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)]) to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    the Nuclear Regulatory Commission, the Department of State, the
    Department of Energy, and the Department of Defense shall, upon the
    request of either of those committees, promptly furnish to those
    committees their views as to whether the safeguards and other controls
    contained therein provide an adequate framework to ensure that any
    exports as contemplated by such agreement will not be inimical to or
    constitute an unreasonable risk to the common defense and security.
      If, after March 10, 1978, the Congress fails to disapprove a proposed
    agreement for cooperation which exempts the recipient nation from the
    requirement set forth in subsection a.(2), such failure to act shall
    constitute a failure to adopt a resolution of disapproval pursuant to
    subsection 128b.(3) [42 U.S.C. 2157(b)(3)] for purposes of the
    Commission's consideration of applications and requests under section
    126a.(2) [42 U.S.C. 2155(a)(2)] and there shall be no congressional
    review pursuant to section 128 [42 U.S.C. 2157] of any subsequent
    license or authorization with respect to that until the first such
    license or authorization which is issued after twelve months from the
    elapse of the sixty-day period in which the agreement for cooperation in
    question is reviewed by the Congress.

      The authority of the President to exempt certain agreements with India
    under the Henry J. Hyde United States-India Peaceful Atomic Energy
    Cooperation Act of 2006 (sec. 104(f), P.L. 109-401) terminated upon
    enactment of the United States-India Nuclear Cooperation Approval and
    Nonproliferation Enhancement Act (sec. 101(c), P.L. 110-369).

                           export licensing procedures

                                [42 U.S.C. 2155]

      Sec. 126. export licensing procedures.--
      a. No license may be issued by the Nuclear Regulatory Commission (the
    ``Commission'') for the export of any production or utilization
    facility, or any source material or special nuclear material, including
    distributions of any

    [[Page 1165]]

    material by the Department of Energy under sections 54, 64, or 82 [42
    U.S.C. 2074, 2094, 2112], for which a license is required or requested,
    and no exemption from any requirement for such an export license may be
    granted by the Commission, as the case may be, until-- * * *

      Provided, That continued cooperation under an agreement for
    cooperation as authorized in accordance with section 124 of this Act [42
    U.S.C. 2154] shall not be prevented by failure to meet the provisions of
    paragraph (4) or (5) of section 127 [42 U.S.C. 2156(4) or (5)] for a
    period of thirty days after March 10, 1978, and for a period of twenty-
    three months thereafter if the Secretary of State notifies the
    Commission that the nation or group of nations bound by the relevant
    agreement has agreed to negotiations as called for in section 404(a) of
    the Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2153c(a)]; however,
    nothing in this subsection shall be deemed to relinquish any rights
    which the United States may have under agreements for cooperation in
    force on the date of enactment of this section: Provided further, That
    if, upon the expiration of such twenty-month period, the President
    determines that failure to continue cooperation with any group of
    nations which has been exempted pursuant to the above proviso from the
    provisions of paragraph (4) or (5) of section 127 of this Act [42 U.S.C.
    2156(4) or (5)], but which has not yet agreed to comply with those
    provisions would be seriously prejudicial to the achievement of United
    States non-proliferation objectives or otherwise jeopardize the common
    defense and security, he may, after notifying the Congress of his
    determination, extend by Executive order the duration of the above
    proviso for a period of twelve months, and may further extend the
    duration of such proviso by one year increments annually thereafter if
    he again makes such determination and so notifies the Congress. In the
    event that the Committee on Foreign Affairs of the House of
    Representatives or the Committee on Foreign Relations of the Senate
    reports a joint resolution to take any action with respect to any such
    extension, such joint resolution will be considered in the House or
    Senate, as the case may be, under procedures identical to those provided
    for the consideration of resolutions pursuant to section 130 of this Act
    [42 U.S.C. 2159]: * * *

      b. * * * (2) * * * If, after receiving the proposed license
    application and reviewing the Commission's decision, the

    [[Page 1166]]

    President determines that withholding the proposed export would be
    seriously prejudicial to the achievement of United States non-
    proliferation objectives, or would otherwise jeopardize the common
    defense and security, the proposed export may be authorized by Executive
    order: Provided, That prior to any such export, the President shall
    submit the Executive order, together with his explanation of why, in
    light of the Commission's decision, the export should nonetheless be
    made, to the Congress for a period of sixty days of continuous session
    (as defined in subsection 130g. [42 U.S.C. 2159(g)]) and shall be
    referred to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    but any such proposed export shall not occur if during such sixty-day
    period the Congress adopts a concurrent resolution stating in substance
    that it does not favor the proposed export. Any such Executive order
    shall be considered pursuant to the procedures set forth in section 130
    of this Act [42 U.S.C. 2159] for the consideration of Presidential
    submissions: * * *

      c. In the event that the House of Representatives or the Senate passes
    a joint resolution which would adopt one or more additional export
    criteria, or would modify any existing criteria under this Act, any such
    joint resolution shall be referred in the other House to the Committee
    on Foreign Relations of the Senate or the Committee on Foreign Affairs
    of the House of Representatives, as the case may be, and shall be
    considered by the other House under applicable procedures provided for
    the consideration of resolutions pursuant to section 130 of this Act [42
    U.S.C. 2159].

      Subsection b.(2) should be read in light of INS v. Chadha, 462 U.S.
    919 (1983).

                   additional export criterion and procedures

                                [42 U.S.C. 2157]

      Sec. 128. additional export criterion and procedures.-- * * * b. * * *
    (1) * * * Provided, That no such export of any production or utilization
    facility or of any source or special nuclear material (intended for use
    as fuel in any production or utilization facility) which has been
    licensed or authorized pursuant to this subsection shall be made to any
    non-nuclear-weapon state which has failed to meet such criterion until
    the first such license or author

    [[Page 1167]]

    ization with respect to such state is submitted to the Congress
    (together with a detailed assessment of the reasons underlying the
    President's determination, the judgment of the executive branch required
    under section 126 of this Act [42 U.S.C. 2155], and any Commission
    opinion and views) for a period of sixty days of continuous session (as
    defined in subsection 130g. of this Act [42 U.S.C. 2159(g)]) and
    referred to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    but such export shall not occur if during such sixty-day period the
    Congress adopts a concurrent resolution stating in substance that the
    Congress does not favor the proposed export. Any such license or
    authorization shall be considered pursuant to the procedures set forth
    in section 130 of this Act [42 U.S.C. 2159] for the consideration of
    Presidential submissions.
      (2) If the Congress adopts a resolution of disapproval pursuant to
    paragraph (1), no further export of materials, facilities, or technology
    specified in subsection a. shall be permitted for the remainder of that
    Congress, unless such state meets the criterion or the President
    notifies the Congress that he has determined that significant progress
    has been made in achieving adherence to such criterion by such state or
    that United States foreign policy interests dictate reconsideration and
    the Congress, pursuant to the procedure of paragraph (1), does not adopt
    a concurrent resolution stating in substance that it disagrees with the
    President's determination.
      (3) If the Congress does not adopt a resolution of disapproval with
    respect to a license or authorization submitted pursuant to paragraph
    (1), the criterion set forth in subsection a. shall not be applied as an
    export criterion with respect to exports of materials, facilities and
    technology specified in subsection a. to that state: Provided, That the
    first license or authorization with respect to that state which is
    issued pursuant to this paragraph after twelve months from the elapse of
    the sixty-day period specified in paragraph (1), and the first such
    license or authorization which is issued after each twelve-month period
    thereafter, shall be submitted to the Congress for review pursuant to
    the procedures specified in paragraph (1): Provided further, That if the
    Congress adopts a resolution of disapproval during any review period
    provided for by this paragraph, the provisions of paragraph (2) shall
    apply with respect to further exports to such state.

    [[Page 1168]]

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).

               conduct resulting in termination of nuclear exports

                                [42 U.S.C. 2158]

      Sec. 129. conduct resulting in termination of nuclear exports.--(a) No
    nuclear materials and equipment or sensitive nuclear technology shall be
    exported to--
              (1) any non-nuclear-weapon state that is found by the
            President to have, at any time after March 10, 1978,

                                      * * *

    unless the President determines that cessation of such exports would be
    seriously prejudicial to the achievement of United States non-
    proliferation objectives or otherwise jeopardize the common defense and
    security: Provided, That prior to the effective date of any such
    determination, the President's determination, together with a report
    containing the reasons for his determination, shall be submitted to the
    Congress and referred to the Committee on Foreign Affairs of the House
    of Representatives and the Committee on Foreign Relations of the Senate
    for a period of sixty days of continuous session (as defined in
    subsection 130g. of this Act [42 U.S.C. 2159(g)]), but any such
    determination shall not become effective if during such sixty-day period
    the Congress adopts, and there is enacted, a joint resolution stating in
    substance that it does not favor the determination. Any such
    determination shall be considered pursuant to the procedures set forth
    in section 130 of this Act [42 U.S.C. 2159] for the consideration of
    Presidential submissions.

                         congressional review procedures

                                [42 U.S.C. 2159]

      Sec. 130. congressional review procedures.--
      a. Not later than forty-five days of continuous session of Congress
    after the date of transmittal to the Congress of any submission of the
    President required by subsection 126a.(2), 126b.(2), 127b., 129,
    131a.(3), or 131f.(1)(A) of this Act [42 U.S.C. 2155(a)(2), 2155(b)(2),
    2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A)], the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Af

    [[Page 1169]]

    fairs of the House of Representatives, shall each submit a report to its
    respective House on its views and recommendations respecting such
    Presidential submission together with a resolution, as defined in
    subsection f., stating in substance that the Congress approves or
    disapproves such submission, as the case may be: Provided, That if any
    such committee has not reported such a resolution at the end of such
    forty-five day period, such committee shall be deemed to be discharged
    from further consideration of such submission. If no such resolution has
    been reported at the end of such period, the first resolution, as
    defined in subsection f., which is introduced within five days
    thereafter within such House shall be placed on the appropriate calendar
    of such House.
      b. When the relevant committee or committees have reported such a
    resolution (or have been discharged from further consideration of such a
    resolution pursuant to subsection a. of this section) or when a
    resolution has been introduced and placed on the appropriate calendar
    pursuant to subsection a. of this section, as the case may be, it is at
    any time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) for any Member of the respective House to
    move to proceed to the consideration of the resolution. The motion is
    highly privileged and is not debatable. The motion shall not be subject
    to amendment, or to a motion to postpone, or to a motion to proceed to
    the consideration of other business. A motion to reconsider the vote by
    which the motion is agreed to or disagreed to shall not be in order. If
    a motion to proceed to the consideration of the resolution is agreed to,
    the resolution shall remain the unfinished business of the respective
    House until disposed of.
      c. Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally between individuals favoring and
    individuals opposing the resolution. A motion further to limit debate is
    in order and not debatable. An amendment to a motion to postpone, or a
    motion to recommit the resolution, or a motion to proceed to the
    consideration of other business is not in order. A motion to reconsider
    the vote by which the resolution is agreed to or disagreed to shall not
    be in order. No amendment to any concurrent resolution pursuant to the
    procedures of this section is in order except as provided in subsection
    d. of this section.

    [[Page 1170]]

      d. Immediately following (1) the conclusion of the debate on such
    concurrent resolution, (2) a single quorum call at the conclusion of
    debate if requested in accordance with the rules of the appropriate
    House, and (3) the consideration of an amendment introduced by the
    Majority Leader or his designee to insert the phrase, ``does not'' in
    lieu of the word ``does'' if the resolution under consideration is a
    concurrent resolution of approval, the vote on final approval of the
    resolution shall occur.
      e. Appeals from the decisions of the Chair relating to the application
    of the rules of the Senate or of the House of Representatives, as the
    case may be, to the procedure relating to such a resolution shall be
    decided without debate.
      f. For the purposes of subsections a. through e. of this section, the
    term ``resolution'' means a concurrent resolution of the Congress, the
    matter after the resolving clause of which is as follows: ``That the
    Congress (does or does not) favor the ___ transmitted to the Congress by
    the President on ___.'', the blank spaces therein to be appropriately
    filled, and the affirmative or negative phrase within the parenthetical
    to be appropriately selected.
      g. (1) Except as provided in paragraph (2), for the purposes of this
    section--
              (A) continuity of session is broken only by an adjournment of
            Congress sine die; and
              (B) the days on which either House is not in session because
            of an adjournment of more than three days to a day certain are
            excluded in the computation of any period of time in which
            Congress is in continuous session.
      (2) For purposes of this section insofar as it applies to section 123
    [42 U.S.C. 2153]--
              (A) continuity of session is broken only by an adjournment of
            Congress sine die at the end of a Congress; and
              (B) the days on which either House is not in session because
            of an adjournment of more than three days are excluded in the
            computation of any period of time in which Congress is in
            continuous session.
      h. This section is enacted by Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that

    [[Page 1171]]

            House in the case of resolutions described by subsection f. of
            this section; and they supersede other rules only to the extent
            that they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.
      i. (1) For the purposes of this subsection, the term ``joint
    resolution'' means--
              (A) for an agreement for cooperation pursuant to section 123
            of this Act, a joint resolution, the matter after the resolving
            clause of which is as follows: ``That the Congress (does or does
            not) favor the proposed agreement for cooperation transmitted to
            the Congress by the President on ___.'',
              (B) for a determination under section 129 of this Act, a joint
            resolution, the matter after the resolving clause of which is as
            follows: ``That the Congress does not favor the determination
            transmitted to the Congress by the President on ___.'', or
              (C) for a subsequent arrangement under section 201 of the
            United States-India Nuclear Cooperation Approval and
            Nonproliferation Enhancement Act, a joint resolution, the matter
            after the resolving clause of which is as follows: ``That the
            Congress does not favor the subsequent arrangement to the
            Agreement for Cooperation Between the Government of the United
            States of America and the Government of India Concerning
            Peaceful Uses of Nuclear Energy that was transmitted to Congress
            by the President on September 10, 2008.'',
      with the date of the transmission of the proposed agreement for
    cooperation inserted in the blank, and the affirmative or negative
    phrase within the parenthetical appropriately selected.
      (2) On the day on which a proposed agreement for cooperation is
    submitted to the House of Representatives and the Senate under section
    123d. [42 U.S.C. 2153(d)], a joint resolution with respect to such
    agreement for cooperation shall be introduced (by request) in the House
    by the chairman of the Committee on Foreign Affairs, for himself and the
    ranking minority member of the Committee, or by Members of the House
    designated by the chairman and ranking minority member; and shall be in

    [[Page 1172]]

    troduced (by request) in the Senate by the majority leader of the
    Senate, for himself and the minority leader of the Senate, or by Members
    of the Senate designated by the majority leader and minority leader of
    the Senate. If either House is not in session on the day on which such
    an agreement for cooperation is submitted, the joint resolution shall be
    introduced in that House, as provided in the preceding sentence, on the
    first day thereafter on which that House is in session.
      (3) All joint resolutions introduced in the House of Representatives
    shall be referred to the appropriate committee or committees, and all
    joint resolutions introduced in the Senate shall be referred to the
    Committee on Foreign Relations and in addition, in the case of a
    proposed agreement for cooperation arranged pursuant to section 91c.,
    144b., or 144c. [42 U.S.C. 2121(c), 2164(b), 2164(c)], the Committee on
    Armed Services.
      (4) If the committee of either House to which a joint resolution has
    been referred has not reported it at the end of 45 days after its
    introduction (or in the case of a joint resolution related to a
    subsequent arrangement under section 201 of the United States-India
    Nuclear Cooperation Approval and Nonproliferation Enhancement Act, 15
    days after its introduction), the committee shall be discharged from
    further consideration of the joint resolution or of any other joint
    resolution introduced with respect to the same matter; except that, in
    the case of a joint resolution which has been referred to more than one
    committee, if before the end of that 45-day period (or in the case of a
    joint resolution related to a subsequent arrangement under section 201
    of the United States-India Nuclear Cooperation Approval and
    Nonproliferation Enhancement Act, 15-day period) one such committee has
    reported the joint resolution, any other committee to which the joint
    resolution was referred shall be discharged from further consideration
    of the joint resolution or of any other joint resolution introduced with
    respect to the same matter.
      (5) A joint resolution under this subsection shall be considered in
    the Senate in accordance with the provisions of section 601(b)(4) of the
    International Security Assistance and Arms Export Control Act of 1976.
    For the purpose of expediting the consideration and passage of joint
    resolutions reported or discharged pursuant to the provisions of this
    subsection, it shall be in order for the Committee on Rules of the House
    of Representatives to present for consideration a resolution of the
    House of Representatives

    [[Page 1173]]

    providing procedures for the immediate consideration of a joint
    resolution under this subsection which may be similar, if applicable, to
    the procedures set forth in section 601(b)(4) of the International
    Security Assistance and Arms Exports Control Act of 1976.
      (6) In the case of a joint resolution described in paragraph (1), if
    prior to the passage by one House of a joint resolution of that House,
    that House receives a joint resolution with respect to the same matter
    from the other House, then--
              (A) the procedure in that House shall be the same as if no
            joint resolution had been received from the other House; but
              (B) the vote on final passage shall be on the joint resolution
            of the other House.

                             subsequent arrangements

                                [42 U.S.C. 2160]

      Sec. 131. subsequent arrangements.-- * * *
      f. (1) With regard to any subsequent arrangement under subsection a.
    (2)(E) (for the storage or disposition of irradiated fuel elements),
    where such arrangement involves a direct or indirect commitment of the
    United States for the storage or other disposition, interim or
    permanent, of any foreign spent nuclear fuel in the United States, the
    Secretary of Energy may not enter into any such subsequent arrangement,
    unless:
              (A)(i) Such commitment of the United States has been submitted
            to the Congress for a period of sixty days of continuous session
            (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
            and has been referred to the Committee on Foreign Affairs of the
            House of Representatives and the Committee on Foreign Relations
            of the Senate, but any such commitment shall not become
            effective if during such sixty-day period the Congress adopts a
            concurrent resolution stating in substance that it does not
            favor the commitment, any such commitment to be considered
            pursuant to the procedures set forth in section 130 of this Act
            [42 U.S.C. 2159] for the consideration of Presidential
            submissions; or (ii) if the President has submitted a detailed
            generic plan for such disposition or storage in the United
            States to the Congress for a period of sixty days of continuous
            session (as defined in subsection 130g. of this Act [42 U.S.C.
            2159(g)]),

    [[Page 1174]]

            which plan has been referred to the Committee on Foreign Affairs
            of the House of Representatives and the Committee on Foreign
            Relations of the Senate and has not been disapproved during such
            sixty-day period by the adoption of a concurrent resolution
            stating in substance that Congress does not favor the plan; and
            the commitment is subject to the terms of an effective plan. Any
            such plan shall be considered pursuant to the procedures set
            forth in section 130 of this Act [42 U.S.C. 2159] for the
            consideration of Presidential submissions;

     congressional review and oversight of agreements with iran relating to
                           the nuclear program of iran

      Sec. 135. congressional review and oversight of agreements with
    iran.--
      (a) transmission to congress of nuclear agreements with iran and
    verification assessment with respect to such agreements.--
              (1) tranmission of agreements.--Not later than 5 calendar days
            after reaching an agreement with Iran relating to the nuclear
            program of Iran, the President shall transmit to the appropriate
            congressional committees and leadership--
                      (A) the agreement, as defined in subsection (h)(1),
                    including all related materials and annexes; * * *

                                      * * *

      (b) period for review by congress of nuclear agreements with iran.--
              (1) in general.--During the 30-calendar day period following
            transmittal by the President of an agreement pursuant to
            subsection (a), the Committee on Foreign Relations of the Senate
            and the Committee on Foreign Affairs of the House of
            Representatives shall, as appropriate, hold hearings and
            briefings and otherwise obtain information in order to fully
            review such agreement.
              (2) exception.--The period for congressional review under
            paragraph (1) shall be 60 calendar days if an agreement,
            including all materials required to be transmitted to Congress
            pursuant to subsection (a)(1), is transmitted pursuant to
            subsection (a) between July 10, 2015, and September 7, 2015.

    [[Page 1175]]

              (3) limitation on actions during intial congressional review
            period.--Notwithstanding any other provision of law, except as
            provided in paragraph (6), prior to and during the period for
            transmission of an agreement in subsection (a)(1) and during the
            period for congressional review provided in paragraph (1),
            including any additional period as applicable under the
            exception provided in paragraph (2), the President may not
            waive, suspend, reduce, provide relief from, or otherwise limit
            the application of statutory sanctions with respect to Iran
            under any provision of law or refrain from applying any such
            sanctions pursuant to an agreement described in subsection (a).
              (4) limitation on actions during presidential consideration of
            a joint resolution of disapproval.--Notwithstanding any other
            provision of law, except as provided in paragraph (6), if a
            joint resolution of disapproval described in subsection
            (c)(2)(B) passes both Houses of Congress, the President may not
            waive, suspend, reduce, provide relief from, or otherwise limit
            the application of statutory sanctions with respect to Iran
            under any provision of law or refrain from applying any such
            sanctions pursuant to an agreement described in subsection (a)
            for a period of 12 calendar days following the date of such
            passage.
              (5) limitation on actions during congressional reconsideration
            of a joint resolution of disapproval.--Notwithstanding any other
            provision of law, except as provided in paragraph (6), if a
            joint resolution of disapproval described in subsection
            (c)(2)(B) passes both Houses of Congress, and the President
            vetoes such joint resolution, the President may not waive,
            suspend, reduce, provide relief from, or otherwise limit the
            application of statutory sanctions with respect to Iran under
            any provision of law or refrain from applying any such sanctions
            pursuant to an agreement described in subsection (a) for a
            period of 10 calendar days following the date of the President's
            veto.
              (6) exception.--The prohibitions under paragraphs (3) through
            (5) do not apply to any new deferral, waiver, or other
            suspension of statutory sanctions pursuant to the Joint Plan of
            Action if that deferral, waiver, or other suspension is made--

    [[Page 1176]]

                      (A) consistent with the law in effect on the date of
                    the enactment of the Iran Nuclear Agreement Review Act
                    of 2015; and
                      (B) not later than 45 calendar days before the
                    transmission by the President of an agreement,
                    assessment report, and certification under subsection
                    (a).
              (7) definition.--In the House of Representatives, for purposes
            of this subsection, the terms ``transmittal,'' ``transmitted,''
            and ``transmission'' mean transmittal, transmitted, and
            transmission, respectively, to the Speaker of the House of
            Representatives.

                                      * * *

      (d) congressional oversight of iranian compliance with nuclear
    agreements.--
              (1) in general.--The President shall keep the appropriate
            congressional committees and leadership fully and currently
            informed of all aspects of Iranian compliance with respect to an
            agreement subject to subsection (a).
              (2) potentially significant breaches and compliance
            incidents.--The President shall, within 10 calendar days of
            receiving credible and accurate information relating to a
            potentially significant breach or compliance incident by Iran
            with respect to an agreement subject to subsection (a), submit
            such information to the appropriate congressional committees and
            leadership.
              (3) material breach report.--Not later than 30 calendar days
            after submitting information about a potentially significant
            breach or compliance incident pursuant to paragraph (2), the
            President shall make a determination whether such potentially
            significant breach or compliance issue constitutes a material
            breach and, if there is such a material breach, whether Iran has
            cured such material breach, and shall submit to the appropriate
            congressional committees and leadership such determination,
            accompanied by, as appropriate, a report on the action or
            failure to act by Iran that led to the material breach, actions
            necessary for Iran to cure the breach, and the status of Iran's
            efforts to cure the breach. * * *
              (6) compiance certification.--After the review period provided
            in subsection (b), the President shall, not less than every 90
            calendar days--

    [[Page 1177]]

                      (A) determine whether the President is able to certify
                    that--
                          (i) Iran is transparently, verifiably, and fully
                        implementing the agreement, including all related
                        technical or additional agreements;
                          (ii) Iran has not committed a material breach with
                        respect to the agreement or, if Iran has committed a
                        material breach, Iran has cured the material breach;
                          (iii) Iran has not taken any action, including
                        covert activities, that could significantly advance
                        its nuclear weapons program; and
                          (iv) suspension of sanctions related to Iran
                        pursuant to the agreement is--
                      (B) if the President determines he is able to make the
                    certification described in subparagraph (A), make such
                    certification to the appropriate congressional
                    committees and leadership.

                                      * * *

      (e) expedited consideration of legislation.--
              (1) initiation--
                      (A) in general--In the event the President does not
                    submit a certification pursuant to subsection (d)(6)
                    during each 90-day period following the review period
                    provided in subsection (b), or submits a determination
                    pursuant to subsection (d)(3) that Iran has materially
                    breached an agreement subject to subsection (a) and the
                    material breach has not been cured, qualifying
                    legislation introduced within 60 calendar days of such
                    event shall be entitled to expedited consideration
                    pursuant to this subsection.
                      (B) definition--In the House of Representatives, for
                    purposes of this paragraph, the terms ``submit'' and
                    ``submits'' mean submit and submits, respectively, to
                    the Speaker of the House of Representatives.

    [[Page 1178]]

              (2) qualifying legislation defined--For purposes of this
            subsection, the term ``qualifying legislation'' means only a
            bill of either House of Congress--
                      (A) the title of which is as follows: ``A bill
                    reinstating statutory sanctions imposed with respect to
                    Iran.''; and
                      (B) the matter after the enacting clause of which is:
                    ``Any statutory sanctions imposed with respect to Iran
                    pursuant to _ that were waived, suspended, reduced, or
                    otherwise relieved pursuant to an agreement submitted
                    pursuant to section 135(a) of the Atomic Energy Act of
                    1954 are hereby reinstated and any action by the United
                    States Government to facilitate the release of funds or
                    assets to Iran pursuant to such agreement, or provide
                    any further waiver, suspension, reduction, or other
                    relief pursuant to such agreement is hereby
                    prohibited.'', with the blank space being filled in with
                    the law or laws under which sanctions are to be
                    reinstated.
              (3) introduction--During the 60-calendar day period provided
            for in paragraph (1), qualifying legislation may be introduced--
                      (A) in the House of Representatives, by the majority
                    leader or the minority leader; and
                      (B) in the Senate, by the majority leader (or the
                    majority leader's designee) or the minority leader (or
                    the minority leader's designee).
              (4) floor consideration in house of representatives--
                      (A) reporting and discharge--If a committee of the
                    House to which qualifying legislation has been referred
                    has not reported such qualifying legislation within 10
                    legislative days after the date of referral, that
                    committee shall be discharged from further consideration
                    thereof.
                      (B) proceeding to consideration--Beginning on the
                    third legislative day after each committee to which
                    qualifying legislation has been referred reports it to
                    the House or has been discharged from further
                    consideration thereof, it shall be in order to move to
                    proceed to consider the qualifying legislation in the
                    House. All points of order against the motion are
                    waived. Such a motion shall not be in order after the
                    House has disposed of a motion to proceed on the
                    qualifying legisla

    [[Page 1179]]

                    tion with regard to the same agreement. The previous
                    question shall be considered as ordered on the motion to
                    its adoption without intervening motion. The motion
                    shall not be debatable. A motion to reconsider the vote
                    by which the motion is disposed of shall not be in
                    order.
                      (C) consideration--The qualifying legislation shall be
                    considered as read. All points of order against the
                    qualifying legislation and against its consideration are
                    waived. The previous question shall be considered as
                    ordered on the qualifying legislation to final passage
                    without intervening motion except two hours of debate
                    equally divided and controlled by the sponsor of the
                    qualifying legislation (or a designee) and an opponent.
                    A motion to reconsider the vote on passage of the
                    qualifying legislation shall not be in order. * * *
              (6) rules relating to senate and house of representatives--
                      (A) coordination with action by other house--If,
                    before the passage by one House of qualifying
                    legislation of that House, that House receives
                    qualifying legislation from the other House, then the
                    following procedures shall apply:
                          (i) The qualifying legislation of the other House
                        shall not be referred to a committee.
                          (ii) With respect to qualifying legislation of the
                        House receiving the legislation--
                      (B) treatment of a bill of other house--If one House
                    fails to introduce qualifying legislation under this
                    section, the qualifying legislation of the other House
                    shall be entitled to expedited floor procedures under
                    this section.
                      (C) treatment of companion measures--If, following
                    passage of the qualifying legislation in the Senate, the
                    Senate then receives a companion measure from the House
                    of Representatives, the companion measure shall not be
                    debatable.
                      (D) application to revenue measures--The provisions of
                    this paragraph shall not apply in the

    [[Page 1180]]

                    House of Representatives to qualifying legislation which
                    is a revenue measure.
      (f) rules of house of representatives and senate.--Subsection (e) is
    enacted by Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such are
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of legislation described in those
            sections, and supersede other rules only to the extent that they
            are inconsistent with such rules; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner, and to
            the same extent as in the case of any other rule of that House.

                                      * * *

      (h) definitions.--In this section:
              (1) agreement--The term ``agreement'' means an agreement
            related to the nuclear program of Iran that includes the United
            States, commits the United States to take action, or pursuant to
            which the United States commits or otherwise agrees to take
            action, regardless of the form it takes, whether a political
            commitment or otherwise, and regardless of whether it is legally
            binding or not, including any joint comprehensive plan of action
            entered into or made between Iran and any other parties, and any
            additional materials related thereto, including annexes,
            appendices, codicils, side agreements, implementing materials,
            documents, and guidance, technical or other understandings, and
            any related agreements, whether entered into or implemented
            prior to the agreement or to be entered into or implemented in
            the future.
              (2) appropriate congressional committees--The term
            ``appropriate congressional committees'' means the Committee on
            Finance, the Committee on Banking, Housing, and Urban Affairs,
            the Select Committee on Intelligence, and the Committee on
            Foreign Relations of the Senate and the Committee on Ways and
            Means, the Committee on Financial Services, the Permanent Select
            Committee on Intelligence, and the Committee on Foreign Affairs
            of the House of Representatives.

    [[Page 1181]]

              (3) appropriate congressional committees and leadership--The
            term ``appropriate congressional committees and leadership''
            means the Committee on Finance, the Committee on Banking,
            Housing, and Urban Affairs, the Select Committee on
            Intelligence, and the Committee on Foreign Relations, and the
            Majority and Minority Leaders of the Senate and the Committee on
            Ways and Means, the Committee on Financial Services, the
            Permanent Select Committee on Intelligence, and the Committee on
            Foreign Affairs, and the Speaker, Majority Leader, and Minority
            Leader of the House of Representatives. * * *
              (7) material breach--The term ``material breach'' means, with
            respect to an agreement described in subsection (a), any breach
            of the agreement, or in the case of non-binding commitments, any
            failure to perform those commitments, that substantially--
                      (A) benefits Iran's nuclear program;
                      (B) decreases the amount of time required by Iran to
                    achieve a nuclear weapon; or
                      (C) deviates from or undermines the purposes of such
                    agreement.

                                      * * *

                                                              Sec. 1130(11A)

                              11. Trade Provisions

               a. import relief, Sec. 203 of the trade act of 1974

                                [19 U.S.C. 2253]

      Sec. 203. action by president after determination of import injury.--
    * * *
      (b) reports to congress.--(1) On the day the President takes action
    under subsection (a)(1), the President shall transmit to Congress a
    document describing the action and the reasons for taking the action. If
    the action taken by the President differs from the action required to be
    recommended by the Commission under section 202(e)(1), the President
    shall state in detail the reasons for the difference.
      (2) On the day on which the President decides that there is no
    appropriate and feasible action to take under subsection (a)(1) with
    respect to a domestic industry, the President shall transmit to Congress
    a document that sets forth in detail the reasons for the decision.

    [[Page 1182]]

      (3) On the day on which the President takes any action under
    subsection (a)(1) that is not reported under paragraph (1), the
    President shall transmit to Congress a document setting forth the action
    being taken and the reasons therefor.
      (c) implementation of action recommended by commission.--If the
    President reports under subsection (b)(1) or (2) that--
              (1) the action taken under subsection (a)(1) differs from the
            action recommended by the Commission under section 202(e)(1); or
              (2) no action will be taken under subsection (a)(1) with
            respect to the domestic industry;
    the action recommended by the Commission shall take effect (as provided
    in subsection (d)(2)) upon the enactment of a joint resolution described
    in section 152(a)(1)(A) within the 90-day period beginning on the date
    on which the document referred to in subsection (b)(1) or (2) is
    transmitted to the Congress.

      In the 107th Congress, the House adopted a special order ``hereby''
    laying on the table a privileged joint resolution (reported adversely by
    the Committee on Ways and Means) disapproving a steel-tariff action
    taken by the President (H. Res. 414, May 8, 2002, p. 7136).
                                                              Sec. 1130(11B)

           b. freedom of emigration, Sec. 402 of the trade act of 1974

                                [19 U.S.C. 2432]

      Sec. 402. freedom of emigration in east-west trade.-- * * *
      (c)(1) During the 18-month period beginning on the date of the
    enactment of this Act, the President is authorized to waive by Executive
    order the application of subsections (a) and (b) with respect to any
    country, if he reports to the Congress that--
              (A) he has determined that such waiver will substantially
            promote the objectives of this section; and
              (B) he has received assurances that the emigration practices
            of that country will henceforth lead substantially to the
            achievement of the objectives of this section.
      (2) During any period subsequent to the 18-month period referred to in
    paragraph (1), the President is authorized to waive by Executive order
    the application of subsections (a) and (b) with respect to any country,
    if the

    [[Page 1183]]

    waiver authority granted by this subsection continues to apply to such
    country pursuant to subsection (d), and if he reports to the Congress
    that--
              (A) he has determined that such waiver will substantially
            promote the objectives of this section; and
              (B) he has received assurances that the emigration practices
            of that country will henceforth lead substantially to the
            achievement of the objectives of this section.
      (3) A waiver with respect to any country shall terminate on the day
    after the waiver authority granted by this subsection ceases to be
    effective with respect to such country pursuant to subsection (d). The
    President may, at any time, terminate by Executive order any waiver
    granted under this subsection.
      (d)(1) If the President determines that the further extension of the
    waiver authority granted under subsection (c) will substantially promote
    the objectives of this section, he may recommend further extensions of
    such authority for successive 12-month periods. Any such recommendations
    shall--
              (A) be made not later than 30 days before the expiration of
            such authority;
              (B) be made in a document transmitted to the House of
            Representatives and the Senate setting forth his reasons for
            recommending the extension of such authority; and
              (C) include, for each country with respect to which a waiver
            granted under subsection (c) is in effect, a determination that
            continuation of the waiver applicable to that country will
            substantially promote the objectives of this section, and a
            statement setting forth his reasons for such determination.
    If the President recommends the further extension of such authority,
    such authority shall continue in effect until the end of the 12-month
    period following the end of the previous 12-month extension with respect
    to any country (except for any country with respect to which such
    authority has not been extended under this subsection), unless a joint
    resolution described in section 153(a) is enacted into law pursuant to
    the provisions of paragraph (2).
      (2)(A) The requirements of this paragraph are met if the joint
    resolution is enacted under the procedures set forth in section 153,
    and--
              (i) the Congress adopts and transmits the joint resolution to
            the President before the end of the 60-day

    [[Page 1184]]

            period beginning on the date the waiver authority would expire
            but for an extension under paragraph (1), and
              (ii) if the President vetoes the joint resolution, each House
            of Congress votes to override such veto on or before the later
            of the last day of the 60-day period referred to in clause (i)
            or the last day of the 15-day period (excluding any day
            described in section 154(b)) beginning on the date the Congress
            receives the veto message from the President.
      (B) If a joint resolution is enacted into law under the provisions of
    this paragraph, the waiver authority applicable to any country with
    respect to which the joint resolution disapproves of the extension of
    such authority shall cease to be effective as of the day after the 60-
    day period beginning on the date of the enactment of the joint
    resolution.
      (C) A joint resolution to which this subsection and section 153 apply
    may be introduced at any time on or after the date the President
    transmits to the Congress the document described in paragraph (1)(B).
      (e) This section shall not apply to any country the products of which
    are eligible for the rates set forth in rate column numbered 1 of the
    Tariff Schedules of the United States on the date of the enactment of
    this Act.
                                                              Sec. 1130(11C)

        c. nondiscriminatory treatment, Sec. 407 of the trade act of 1974

                                [19 U.S.C. 2437]

      Sec. 407. procedure for congressional approval or disapproval of
    extension of nondiscriminatory treatment and presidential reports.--(a)
    Whenever the President issues a proclamation under section 404 extending
    nondiscriminatory treatment to the products of any foreign country, he
    shall promptly transmit to the House of Representatives and to the
    Senate a document setting forth the proclamation and the agreement the
    proclamation proposes to implement, together with his reasons therefor.
      (b) The President shall transmit to the House of Representatives and
    the Senate a document containing the initial report submitted by him
    under section 402(b) or 409(b) with respect to a nonmarket economy
    country. On or before December 31 of each year, the President shall
    transmit to the House of Representatives and the Senate,

    [[Page 1185]]

    a document containing the report required by section 402(b) or 409(b) as
    the case may be, to be submitted on or before such December 31.
      (c)(1) In the case of a document referred to in subsection (a), the
    proclamation set forth in the document may become effective and the
    agreement set forth in the document may enter into force and effect only
    if a joint resolution described in section 151(b)(3) that approves of
    the extension of nondiscriminatory treatment to the products of the
    country concerned is enacted into law.
      (2) In the case of a document referred to in subsection (b) which
    contains a report submitted by the President under section 402(b) or
    409(b) with respect to a nonmarket economy country, if, before the close
    of the 90-day period beginning on the day on which such document is
    delivered to the House of Representatives and to the Senate, a joint
    resolution described in section 152(a)(i)(B) is enacted into law that
    disapproves of the report submitted by the President with respect to
    such country, then, beginning with the day after the end of the 60-day
    period beginning with the date of the enactment of such resolution of
    disapproval, (A) nondiscriminatory treatment shall not be in force with
    respect to the products of such country, and the products of such
    country shall be dutiable at the rates set forth in rate column numbered
    2 of the Harmonized Tariff Schedule of the United States, (B) such
    country may not participate in any program of the Government of the
    United States which extends credit or credit guarantees or investment
    guarantees, and (C) no commercial agreement may thereafter be concluded
    with such country under this title. If the President vetoes the joint
    resolution, the joint resolution shall be treated as enacted into law
    before the end of the 90-day period under this paragraph if both Houses
    of Congress vote to override such veto on or before the later of the
    last day of such 90-day period or the last day of the 15-day period
    (excluding any day described in section 154(b)) beginning on the date
    the Congress receives the veto message from the President.

    [[Page 1186]]

                                                              Sec. 1130(11D)

    d. ``fast-track'' procedures, Sec. Sec. 151-154 of the trade act of 1974

                               [19 U.S.C. 2191-94]

                          implementing bills, Sec. 151

                                [19 U.S.C. 2191]

      Sec. 151. bills implementing trade agreements on nontariff barriers
    and resolutions approving commercial agreements with communist
    countries.--(a) rules of house of representatives and senate.--This
    section and sections 152 and 153 are enacted by the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such they
            are deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of implementing bills described in
            subsection (b)(1), implementing revenues bills described in
            subsection (b)(2), approval resolutions described in subsection
            (b)(3), and resolutions described in subsections 152(a) and
            153(a); and they supersede other rules only to the extent that
            they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.
      (b) definitions.--For purposes of this section--
              (1) The term ``implementing bill'' means only a bill of either
            House of Congress which is introduced as provided in subsection
            (c) with respect to one or more trade agreements, or with
            respect to an extension described in section 282(c)(3) of the
            Uruguay Round Agreements Act, submitted to the House of
            Representatives and the Senate under section 102 of this Act,
            section 282 of the Uruguay Round Agreements Act, or section
            2105(a)(1) of the Bipartisan Trade Promotion Authority Act of
            2002, and which contains--
                      (A) a provision approving such trade agreement or
                    agreements or such extension,

    [[Page 1187]]

                      (B) a provision approving the statement of
                    administrative action (if any) proposed to implement
                    such trade agreement or agreements, and
                      (C) if changes in existing laws or new statutory
                    authority is required to implement such trade agreement
                    or agreements or such extension, provisions, necessary
                    or appropriate to implement such trade agreement or
                    agreements, either repealing or amending existing laws
                    or providing new statutory authority.
              (2) The term ``implementing revenue bill or resolution'' means
            an implementing bill or approval resolution which contains one
            or more revenue measures by reason of which it must originate in
            the House of Representatives.
              (3) The term ``approval resolution'' means only a joint
            resolution of the two Houses of the Congress, the matter after
            the resolving clause of which is as follows: ``That the Congress
            approves the extension of nondiscriminatory treatment with
            respect to the products of ___ transmitted by the President to
            the Congress on ___.'', the first blank space being filled with
            the name of the country involved and the second blank space
            being filled with the appropriate date.
      (c) introduction and referral.--(1) On the day on which a trade
    agreement or extension is submitted to the House of Representatives and
    the Senate under section 102, section 282 of the Uruguay Round
    Agreements Act, or section 2105(a)(1) of the Bipartisan Trade Promotion
    Authority Act of 2002, the implementing bill submitted by the President
    with respect to such trade agreement or extension shall be introduced
    (by request) in the House by the majority leader of the House, for
    himself and the minority leader of the House, or by Members of the House
    designated by the majority leader and minority leader of the House; and
    shall be introduced (by request) in the Senate by the majority leader of
    the Senate, for himself the minority leader of the Senate, or by Members
    of the Senate designated by the majority leader and minority leader of
    the Senate. If either House is not in session on the day on which such a
    trade agreement is submitted, the implementing bill shall be introduced
    in that House as provided in the preceding sentence, on the first day
    thereafter on which the House is in session. Such bills shall be
    referred by the Presiding Officers of the respective Houses to the
    appropriate committee, or, in the case of a bill con

    [[Page 1188]]

    taining provisions within the jurisdiction of two or more committees,
    jointly to such committees for consideration of those provisions within
    their respective jurisdictions.
      (2) On the day on which a bilateral commercial agreement, entered into
    under title IV of this Act after the date of the enactment of this Act,
    is transmitted to the House of Representatives and the Senate, an
    approval resolution with respect to such agreement shall be introduced
    (by request) in the House by the majority leader of the House, for
    himself and the minority leader of the House, or by Members of the House
    designated by the majority leader and minority leader of the House; and
    shall be introduced (by request) in the Senate by the majority leader of
    the Senate, for himself and the minority leader of the Senate, or by
    Members of the Senate designated by the majority leader and minority
    leader of the Senate. If either House is not in session on the day on
    which such an agreement is transmitted, the approval resolution with
    respect to such agreement shall be introduced in that House, as provided
    in the preceding sentence, on the first day thereafter on which that
    House is in session. The approval resolution introduced in the House
    shall be referred to the Committee on Ways and Means and the approval
    resolution introduced in the Senate shall be referred to the Committee
    on Finance.
      (d) amendments prohibited.--No amendment to an implementing bill or
    approval resolution shall be in order in either the House of
    Representatives or the Senate; and no motion to suspend the application
    of this subsection shall be in order in either House, nor shall it be in
    order in either House for the Presiding Officer to entertain a request
    to suspend the application of this subsection by unanimous consent.
      (e) period for committee and floor consideration.--(1) Except as
    provided in paragraph (2), if the committee or committees of either
    House to which an implementing bill or approval resolution has been
    referred have not reported it at the close of the 45th day after its
    introduction, such committee or committees shall be automatically
    discharged from further consideration of the bill or resolution and it
    shall be placed on the appropriate calendar. A vote on final passage of
    the bill or resolution shall be taken in each House on or before the
    close of the 15th day after the bill or resolution is reported by the
    committee or committees of that House to which it was referred, or after
    such committee or committees have been discharged from fur

    [[Page 1189]]

    ther consideration of the bill or resolution. If prior to the passage by
    one House of an implementing bill or approval resolution of that House,
    that House receives the same implementing bill or approval resolution
    from the other House, then--
              (A) the procedure in that House shall be the same as if no
            implementing bill or approval resolution had been received from
            the other House; but
              (B) the vote on final passage shall be on the implementing
            bill or approval resolution of the other House.
      (2) The provisions of paragraph (1) shall not apply in the Senate to
    an implementing revenue bill or resolution. An implementing revenue bill
    or resolution received from the House shall be referred to the
    appropriate committee or committees of the Senate. If such committee or
    committees have not reported such bill at the close of the 15th day
    after its receipt by the Senate (or, if later, before the close of the
    45th day after the corresponding implementing revenue bill or resolution
    was introduced in the Senate), such committee or committees shall be
    automatically discharged from further consideration of such bill or
    resolution and it shall be placed on the calendar. A vote on final
    passage of such bill or resolution shall be taken in the Senate on or
    before the close of the 15th day after such bill or resolution is
    reported by the committee or committees of the Senate to which it was
    referred, or after such committee or committees have been discharged
    from further consideration of such bill or resolution.
      (3) For purposes of paragraphs (1) and (2), in computing a number of
    days in either House, there shall be excluded any day on which that
    House was not in session.
      (f) floor consideration in the house.--(1) A motion in the House of
    Representatives to proceed to the consideration of an implementing bill
    or approval resolution shall be highly privileged and not debatable. An
    amendment to the motion shall not be in order, nor shall it be in order
    to move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (2) Debate in the House of Representatives on an implementing bill or
    approval resolution shall be limited to not more than 20 hours, which
    shall be divided equally between those favoring and those opposing the
    bill or resolution. A motion further to limit debate shall not be
    debatable. It shall not be in order to move to recommit an implementing
    bill or approval resolution or to move to recon

    [[Page 1190]]

    sider the vote by which an implementing bill or approval resolution is
    agreed to or disagreed to.
      (3) Motions to postpone, made in the House of Representatives with
    respect to the consideration of an implementing bill or approval
    resolution, and motions to proceed to the consideration of other
    business, shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to an implementing bill or approval resolution shall
    be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of an implementing bill or
    approval resolution shall be governed by the Rules of the House of
    Representatives applicable to other bills and resolutions in similar
    circumstances.
      (g) floor consideration in the senate.--(1) A motion in the Senate to
    proceed to the consideration of an implementing bill or approval
    resolution shall be privileged and not debatable. An amendment to the
    motion shall not be in order, nor shall it be in order to move to
    reconsider the vote by which the motion is agreed to or disagreed to.
      (2) Debate in the Senate on an implementing, and all debatable motions
    and appeals in connection therewith, shall be limited to not more than
    20 hours. The time shall be equally divided between, and controlled by,
    the majority leader and the minority leader or their designees.
      (3) Debate in the Senate on any debatable motion or appeal in
    connection with an implementing bill or approval resolution shall be
    limited to not more than 1 hour, to be equally divided between, and
    controlled by, the mover and the manager of the bill or resolution,
    except that in the event the manager of the bill or resolution is in
    favor of any such motion or appeal, the time in opposition thereto,
    shall be controlled by the minority leader or his designee. Such
    leaders, or either of them, may, from time under their control on the
    passage of an implementing bill or approval resolution, allot additional
    time to any Senator during the consideration of any debatable motion or
    appeal.
      (4) A motion in the Senate to further limit debate is not debatable. A
    motion to recommit an implementing bill or approval resolution is not in
    order.

      Pursuant to section 151(f)(2) of this Act debate on an implementing
    revenue bill must be equally divided and controlled among those favoring
    and opposing the bill (absent an order of the House establishing some
    other distribution of the time); a motion to limit debate on such
    legislation

    [[Page 1191]]

    must be made in the House, and not in the Committee of the Whole, and
    may be made either pending the motion to resolve into Committee of the
    Whole or at a later time, after the Committee has risen without
    completing action on the bill (July 10, 1979, pp. 17812, 17813). An
    implementing bill reported from committee has been considered as
    privileged under the Act (Nov. 14, 1980, p. 29617). The House has
    adopted a special order recommended by the Committee on Rules providing
    for consideration of both a resolution to deny the extension of ``fast-
    track'' procedures requested by the President under section 1103(b) of
    the Omnibus Trade and Competitiveness Act of 1988 and a resolution to
    express the sense of the House concerning U.S. negotiating objectives
    after such an extension (May 23, 1991, p. 12137). For other special
    orders altering procedures under the Trade Act of 1974, see, e.g., July
    27, 2005, p. 17978; Apr. 10, 2008, p. 5640. The Senate has affirmed its
    constitutional authority to enact a statutory rule (as in subsection (d)
    of section 151) prohibiting amendments to specified revenue bills in
    derogation of its constitutional authority to propose amendments to
    House revenue bills (presiding officer sustained on appeal) (Nov. 19,
    1993, p. 30641).

                      resolutions of disapproval, Sec. 152

                                [19 U.S.C. 2192]

      Sec. 152. resolutions disapproving certain actions.--(a) contents of
    resolution.--(1) For purposes of this section, the term ``resolution''
    means only--
              (A) a joint resolution of the two Houses of the Congress, the
            matter after the resolving clause of which is as follows: ``That
            the Congress does not approve the action taken by, or the
            determination of the President under section 203 of the Trade
            Act of 1974 transmitted to the Congress on ___.'', the blank
            space being filled with the appropriate date; and
              (B) a joint resolution of the two Houses of Congress, the
            matter after the resolving clause of which is as follows: ``That
            the Congress does not approve ___ transmitted to the Congress on
            ___.'', with the first blank space being filled in accordance
            with paragraph (2), and the second blank space being filled with
            the appropriate date.
      (2) The first blank space referred to in paragraph (1)(B) shall be
    filled as follows: in the case of a resolution referred to in section
    407(c)(2), with the phrase ``the report of the President submitted under
    section __ of the Trade Act of 1974 with respect to ___'' (with the
    first blank space being filled with ``402(b)'' or ``409(b)'', as
    appropriate,

    [[Page 1192]]

    and the second blank space being filled with the name of the country
    involved).
      (b) reference to committees.--All resolutions introduced in the House
    of Representatives shall be referred to the Committee on Ways and Means
    and all resolutions introduced in the Senate shall be referred to the
    Committee on Finance.
      (c) discharge of committees.--(1) If the committee of either House to
    which a resolution has been referred has not reported it at the end of
    30 days after its introduction, not counting any day which is excluded
    under section 154(b), it is in order to move either to discharge the
    committee from further consideration of the resolution or to discharge
    the committee from further consideration of any other resolution
    introduced with respect to the same matter, except that a motion to
    discharge--
              (A) may only be made on the second legislative day after the
            calendar day on which the Member making the motion announces to
            the House his intention to do so; and
              (B) is not in order after the Committee has reported a
            resolution with respect to the same matter.
      (2) A motion to discharge under paragraph (1) may be made only by an
    individual favoring the resolution, and is highly privileged in the
    House and privileged in the Senate; and debate thereon shall be limited
    to not more than 1 hour, the time to be divided in the House equally
    between those favoring and those opposing the resolution, and to be
    divided in the Senate equally between, and controlled by, the majority
    leader and the minority leader or their designees. An amendment to the
    motion is not in order, and it is not in order to move to reconsider the
    vote by which the motion is agreed to or disagreed to.
      (d) floor consideration in the house.--(1) A motion in the House of
    Representatives to proceed to the consideration of a resolution shall be
    highly privileged and not debatable. An amendment to the motion shall
    not be in order, nor shall it be in order to move to reconsider the vote
    by which the motion is agreed to or disagreed to.
      (2) Debate in the House of Representatives on a resolution shall be
    limited to not more than 20 hours, which shall be divided equally
    between those favoring and those opposing the resolution. A motion
    further to limit debate shall not be debatable. No amendment to, or
    motion to recommit, the resolution shall be in order. It shall not be in

    [[Page 1193]]

    order to move to reconsider the vote by which a resolution is agreed to
    or disagreed to.
      (3) Motions to postpone, made in the House of Representatives with
    respect to the consideration of a resolution, and motions to proceed to
    the consideration of other business, shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to a resolution shall be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of a resolution in the
    House of Representatives shall be governed by the Rules of the House of
    Representatives applicable to other resolutions in similar
    circumstances.
      (e) floor consideration in the senate.--(1) A motion in the Senate to
    proceed to the consideration of a resolution shall be privileged. An
    amendment to the motion shall not be in order, nor shall it be in order
    to move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (2) Debate in the Senate on a resolution, and all debatable motions
    and appeals in connection therewith, shall be limited to not more than
    20 hours, to be equally divided between, and controlled by, the majority
    leader and the minority leader or their designees.
      (3) Debate in the Senate on any debatable motion or appeal in
    connection with a resolution shall be limited to not more than 1 hour,
    to be equally divided between, and controlled by, the mover and the
    manager of the resolution, except that in the event the manager of the
    resolution is in favor of any such motion or appeal, the time in
    opposition thereto, shall be controlled by the minority leader or his
    designee. Such leaders, or either of them, may, from time under their
    control on the passage of a resolution, allot additional time to any
    Senator during the consideration of any debatable motion or appeal.
      (4) A motion in the Senate to further limit debate on a resolution,
    debatable motion, or appeal is not debatable. No amendment to, or motion
    to recommit, a resolution is in order in the Senate.
      (f) procedures in the senate.--(1) Except as otherwise provided in
    this section, the following procedures shall apply in the Senate to a
    resolution to which this section applies:

    [[Page 1194]]

              (A)(i) Except as provided in clause (ii), a resolution that
            has passed the House of Representatives shall, when received in
            the Senate, be referred to the Committee on Finance for
            consideration in accordance with this section.
              (ii) If a resolution to which this section applies was
            introduced in the Senate before receipt of a resolution that has
            passed the House of Representatives, the resolution from the
            House of Representatives shall, when received in the Senate, be
            placed on the calendar. If this clause applies, the procedures
            in the Senate with respect to a resolution introduced in the
            Senate that contains the identical matter as the resolution that
            passed the House of Representatives shall be the same as if no
            resolution had been received from the House of Representatives,
            except that the vote on passage in the Senate shall be on the
            resolution that passed the House of Representatives.
              (B) If the Senate passes a resolution before receiving from
            the House of Representatives a joint resolution that contains
            the identical matter, the joint resolution shall be held at the
            desk pending receipt of the joint resolution from the House of
            Representatives. Upon receipt of the joint resolution from the
            House of Representatives, such joint resolution shall be deemed
            to be read twice, considered, read the third time, and passed.
      (2) If the texts of joint resolutions described in section 152 or
    153(a), whichever is applicable concerning any matter are not
    identical--
              (A) the Senate shall vote passage on the resolution introduced
            in the Senate, and
              (B) the text of the joint resolution passed by the Senate
            shall, immediately upon its passage (or, if later, upon receipt
            of the joint resolution passed by the House), be substituted for
            the text of the joint resolution passed by the House of
            Representatives, and such resolution, as amended, shall be
            returned with a request for a conference between the two Houses.
      (3) Consideration in the Senate of any veto message with respect to a
    joint resolution described in subsection (a)(2)(B) or section 153(a),
    including consideration of all debatable motions and appeals in
    connection therewith, shall be limited to 10 hours, to be equally
    divided between, and controlled by, the majority leader and the minority
    leader or their designees.

    [[Page 1195]]

      Although a motion that the House resolve itself into the Committee of
    the Whole is not ordinarily subject to the motion to postpone
    indefinitely (VI, 726), the motion to postpone indefinitely may be
    offered pursuant to the provisions of this statute, is nondebatable, and
    represents final adverse disposition of the disapproval resolution (Mar.
    10, 1977, p. 7021).

               resolutions to extend section 402 waivers, Sec. 153

                                [19 U.S.C. 2193]

      Sec. 153. resolutions relating to extension of waiver authority under
    section 402.--(a) contents of resolutions.--For purposes of this
    section, the term ``resolution'' means only a joint resolution of the
    two Houses of Congress, the matter after the resolving clause of which
    is as follows: ``That the Congress does not approve the extension of the
    authority contained in section 402(c) of the Trade Act of 1974
    recommended by the President to the Congress on ___ with respect to
    ___.'', with the first blank space being filled with the appropriate
    date, and the second blank space being filled with the names of those
    countries, if any, with respect to which such extension of authority is
    not approved, and with the clause beginning with ``with-respect-to''
    being omitted if the extension of the authority is not approved with
    respect to any country.
      (b) application of rules of section 152; exceptions.--(1) Except as
    provided in this section, the provisions of section 152 shall apply to
    resolutions described in subsection (a).
      (2) In applying section 152(c)(1), all calendar days shall be counted.
      (3) That part of section 152(d)(2) which provides that no amendment is
    in order shall not apply to any amendment to a resolution which is
    limited to striking out or inserting the names of one or more countries
    or to striking out or inserting a with-respect-to clause. Debate in the
    House of Representatives on any amendment to a resolution shall be
    limited to not more than 1 hour which shall be equally divided between
    those favoring and those opposing the amendment. A motion in the House
    to further limit debate on an amendment to a resolution is not
    debatable.
      (4) That part of section 152(e)(4) which provides that no amendment is
    in order shall not apply to any amendment to a resolution which is
    limited to striking out or inserting the names of one or more countries
    or to striking out or inserting a with-respect-to clause. The time limit
    on a debate on a resolution in the Senate under section 152(e)(2)

    [[Page 1196]]

    shall include all amendments to a resolution. Debate in the Senate on
    any amendment to a resolution shall be limited to not more than 1 hour,
    to be equally divided between, and controlled by, the mover and the
    manager of the resolution, except that in the event the manager of the
    resolution is in favor of any such amendment, the time in opposition
    thereto shall be controlled by the minority leader or his designee. The
    majority leader and minority leader may, from time under the control on
    the passage of a resolution, allot additional time to any Senator during
    the consideration of any amendment. A motion in the Senate to further
    limit debate on an amendment to a resolution is not debatable.
      (c) consideration of second resolution not in order.--It shall not be
    in order in either the House of Representatives or the Senate to
    consider a resolution with respect to a recommendation of the President
    under section 402(d) (other than a resolution described in subsection
    (a) received from the other House), if that House has adopted a
    resolution with respect to the same recommendation.
      (d) procedures relating to conference reports in the senate.--(1)
    Consideration in the Senate of the conference report on any joint
    resolution described in subsection (a), including consideration of all
    amendments in disagreement (and all amendments thereto), and
    consideration of all debatable motions and appeals in connection
    therewith, shall be limited to 10 hours, to be equally divided between,
    and controlled by, the majority leader and the minority leader or their
    designees. Debate on any debatable motion or appeal related to the
    conference report shall be limited to 1 hour, to be equally divided
    between, and controlled by, the mover and the manager of the conference
    report.
      (2) In any case in which there are amendments in disagreement, time on
    each amendment shall be limited to 30 minutes, to be equally divided
    between, and controlled by, the manager of the conference report and the
    minority leader or his designee. No amendment to any amendment in
    disagreement shall be received unless it is a germane amendment.

    [[Page 1197]]

               special rules for congressional procedure, Sec. 154

                                [19 U.S.C. 2194]

      Sec. 154. special rules relating to congressional procedures.--(a)
    Whenever, pursuant to section 102(e), 203(b), 402(d), or 407 (a) or (b),
    a document is required to be transmitted to the Congress, copies of such
    document shall be delivered to both Houses of Congress on the same day
    and shall be delivered to the Clerk of the House of Representatives if
    the House is not in session and to the Secretary of the Senate if the
    Senate is not in session.
      (b) For purposes of sections 203(c), and 407(c)(2), the 90-day period
    referred to in such sections shall be computed by excluding--
              (1) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain or an
            adjournment of the Congress sine die, and
              (2) any Saturday and Sunday, not excluded under paragraph (1),
            when either House is not in session.
                                                              Sec. 1130(11E)

      e. narcotics control provisions--trade act of 1974, Sec. Sec. 801-05

                               [19 U.S.C. 2491-95]

     tariff treatment of products of uncooperative major drug producing or
                        drug-transit countries, Sec. 856

                                [19 U.S.C. 2492]

      Sec. 802. tariff treatment of products of uncooperative major drug
    producing or drug-transit countries.
      (a) required action by president.--Subject to subsection (b), for
    every major drug producing country and every major drug-transit country,
    the President shall, on or after March 1, 1987, and March 1 of each
    succeeding year, to the extent considered necessary by the President to
    achieve the purposes of this title--
              (1) deny to any or all of the products of that country tariff
            treatment under the Generalized System of Preferences, the
            Caribbean Basin Economic Recovery Act, or any other law
            providing preferential tariff treatment;

    [[Page 1198]]

              (2) apply to any or all of the dutiable products of that
            country an additional duty at a rate not to exceed 50 percent ad
            valorem or the specific rate equivalent;
              (3) apply to one or more duty-free products of that country a
            duty at a rate not to exceed 50 percent ad valorem;
              (4) take the steps described in subsection (d)(1) or (d)(2),
            or both, to curtail air transportation between the United States
            and that country;
              (5) withdraw the personnel and resources of the United States
            from participation in any arrangement with that country for the
            pre-clearance of customs by visitors between the United States
            and that country; or
              (6) take any combination of the actions described in
            paragraphs (1) through (5).
      (b)(1)(A) Subject to paragraph (3), subsection (a) shall not apply
    with respect to a country if the President determines and certifies to
    the Congress, at the time of the submission of the report required by
    section 481(e) of the Foreign Assistance Act of 1961, that-- * * *

                                      * * *

      (3) Subsection (a) shall apply to a country without regard to
    paragraph (1) of this subsection if the Congress enacts, with 45 days of
    continuous session after receipt of a certification under paragraph (1),
    a joint resolution disapproving the determination of the President
    contained in that certification.
      (4) If the President takes action under subsection (a), that action
    shall remain in effect until--
              (A) the President makes the certification under paragraph (a),
            a period of 45 days of continuous session of Congress elapses,
            and during that period the Congress does not enact a joint
            resolution of disapproval; or
              (B) the President submits at any other time a certification of
            the matters described in paragraph (1) with respect to that
            country, a period of 45 days of continuous session of Congress
            elapses, and during that period the Congress does not enact a
            joint resolution of disapproving determination contained in that
            certification.
      (5) For the purpose of expediting the consideration and enactment of
    joint resolutions under paragraphs (3) and (4)--

    [[Page 1199]]

              (A) a motion to proceed to the consideration of any such joint
            resolution after it has been reported by the Committee on Ways
            and Means shall be treated as highly privileged in the House of
            Representatives; and
              (B) a motion to proceed to the consideration of any such joint
            resolution after it has been reported by the Committee on
            Finance shall be treated as privileged in the Senate.

                                      * * *

                              definitions, Sec. 805

                                [19 U.S.C. 2495]

      Sec. 805. For purposes of this title--
              (1) continuity of a session of Congress is broken only by an
            adjournment of the Congress sine die, and the days on which
            either House is not in session because of an adjournment of more
            than three days to a day certain are excluded in the computation
            of the period indicated; * * *

                                      * * *

                                                              Sec. 1130(11F)

           f. omnibus trade and competitiveness act of 1988, Sec. 1103

                                [19 U.S.C. 2903]

    sec. 1103. implementation of trade agreements
      (a) in general--
              (1) Any agreement entered into under section 1102(b) or (c)
            shall enter into force with respect to the United States if (and
            only if)--
                      (A) the President, at least 90 calendar days before
                    the day on which he enters into the trade agreement,
                    notifies the House of Representatives and the Senate of
                    his intention to enter into the agreement, and promptly
                    thereafter publishes notice of such intention in the
                    Federal Register;
                      (B) after entering into the agreement, the President
                    submits a document to the House of Representatives and
                    to the Senate containing a copy of the final legal text
                    of the agreement, together with--
                            (i) a draft of an implementing bill,

    [[Page 1200]]

                            (ii) a statement of any administrative action
                        proposed to implement the trade agreement, and
                            (iii) the supporting information described in
                        paragraph (2); and
                      (C) the implementing bill is enacted into law.

                                      * * *

      (b) application of congressional ``fast track'' procedures to
    implementing bills--
              (1) Except as provided in subsection (c) of this section--
                      (A) the provisions of section 151 of the Trade Act of
                    1974 (hereinafter in this section referred to as ``fast
                    track procedures'') apply to implementing bills
                    submitted with respect to trade agreements entered into
                    under section 1102(b) or (c) of this title before June
                    1, 1991; and
                      (B) such fast track procedures shall be extended to
                    implementing bills submitted with respect to trade
                    agreements entered into under section 2902(b) or (c) of
                    this title after May 31, 1991, and before June 1, 1993,
                    if (and only if)--
                            (i) the President requests such extension under
                        paragraph (2); and
                            (ii) neither House of the Congress adopts an
                        extension disapproval resolution under paragraph (5)
                        before June 1, 1991.
              (2) If the President is of the opinion that the fast track
            procedures should be extended to implementing bills described in
            paragraph (1)(B), the President must submit to the Congress, no
            later than March 1, 1991, a written report that contains a
            request for such extension, together with--
                      (A) a description of all trade agreements that have
                    been negotiated under section 1102(b) or (c) of this
                    title and the anticipated schedule for submitting such
                    agreements to the Congress for approval;
                      (B) a description of the progress that has been made
                    in multilateral and bilateral negotiations to achieve
                    the purposes, policies, and objectives of this title,
                    and a statement that such progress justifies the
                    continuation of negotiations; and
                      (C) a statement of the reasons why the extension is
                    needed to complete the negotiations.

    [[Page 1201]]

              (3) The President shall promptly inform the Advisory Committee
            for Trade Policy and Negotiations established under section 135
            of the Trade Act of 1974 of his decision to submit a report to
            Congress under paragraph (2). The Advisory Committee shall
            submit to the Congress as soon as practicable, but no later than
            March 1, 1991, a written report that contains--
                      (A) its views regarding the progress that has been
                    made in multilateral and bilateral negotiations to
                    achieve the purposes, policies, and objectives of this
                    title; and
                      (B) a statement of its views, and the reasons
                    therefor, regarding whether the extension requested
                    under paragraph (2) should be approved or disapproved.
              (4) The reports submitted to the Congress under paragraphs (2)
            and (3), or any portion of the reports, may be classified to the
            extent the President determines appropriate.
              (5)(A) For purposes of this subsection, the term ``extension
            disapproval resolution'' means a resolution of either House of
            the Congress, the sole matter after the resolving clause of
            which is as follows: ``That the ___ disapproves the request of
            the President for the extension, under section 1103(b)(1)(B)(i)
            of the Omnibus Trade and Competitiveness Act of 1988, of the
            provisions of section 151 of the Trade Act of 1974 to any
            implementing bill submitted with respect to any trade agreement
            entered into under section 1102(b) or (c) of such Act after May
            31, 1991, because sufficient tangible progress has not been made
            in trade negotiations.'', with the blank space being filled with
            the name of the resolving House of the Congress.
              (B) Extension disapproval resolutions--
                      (i) may be introduced in either House of the Congress
                    by any member of such House; and
                      (ii) shall be jointly referred, in the House of
                    Representatives, to the Committee on Ways and Means and
                    the Committee on Rules.
              (C) The provisions of section 152(d) and (e) of the Trade Act
            of 1974 (relating to the floor consideration of certain
            resolutions in the House and Senate) apply to extension
            disapproval resolutions.
              (D) It is not in order for--

    [[Page 1202]]

                      (i) the Senate to consider any extension disapproval
                    resolution not reported by the Committee on Finance;
                      (ii) the House of Representatives to consider any
                    extension disapproval resolution not reported by the
                    Committee on Ways and Means and the Committee on Rules;
                    or
                      (iii) either House of the Congress to consider an
                    extension disapproval resolution that is reported to
                    such House after May 15, 1991.
      (c) limitations on use of ``fast track'' procedures--
              (1)(A) The fast track procedures shall not apply to any
            implementing bill submitted with respect to a trade agreement
            entered into under section 1102(b) or (c) if both Houses of the
            Congress separately agree to procedural disapproval resolutions
            within any 60-day period.
              (B) Procedural disapproval resolutions--
                      (i) in the House of Representatives--
                            (I) shall be introduced by the chairman or
                        ranking minority member of the Committee on Ways and
                        Means or the chairman or ranking minority member of
                        the Committee on Rules,
                            (II) shall be jointly referred to the Committee
                        on Ways and Means and the Committee on Rules, and
                            (III) may not be amended by either Committee;
                        and
                      (ii) in the Senate shall be original resolutions of
                    the Committee on Finance.
              (C) The provisions of section 152(d) and (e) of the Trade Act
            of 1974 (relating to the floor consideration of certain
            resolutions in the House and Senate) apply to procedural
            disapproval resolutions.
              (D) It is not in order for the House of Representatives to
            consider any procedural disapproval resolution not reported by
            the Committee on Ways and Means and the Committee on Rules.
              (E) For purposes of this subsection, the term ``procedural
            disapproval resolution'' means a resolution of either House of
            the Congress, the sole matter after the resolving clause of
            which is as follows: ``That the President has failed or refused
            to consult with Congress on trade negotiations and trade
            agreements in accordance with the provisions of the Omnibus
            Trade and Competitiveness Act of 1988, and, therefore, the

    [[Page 1203]]

            provisions of section 151 of the Trade Act of 1974 shall not
            apply to any implementing bill submitted with respect to any
            trade agreement entered into under section 1102(b) or (c) of
            such Act of 1988, if, during the 60-day period beginning on the
            date on which this resolution is agreed to by the ___, the ___
            agrees to a procedural disapproval resolution (within the
            meaning of section 1103(c)(1)(E) of such Act of 1988).'', with
            the first blank space being filled with the name of the
            resolving House of the Congress and the second blank space being
            filled with the name of the other House of the Congress.
              (2) The fast track procedures shall not apply to any
            implementing bill that contains a provision approving of any
            trade agreement which is entered into under section 1102(c) with
            any foreign country if either--
                      (A) the requirements of section 1102(c)(3) are not met
                    with respect to the negotiation of such agreement; or
                      (B) the Committee on Finance of the Senate or the
                    Committee on Ways and Means of the House of
                    Representatives disapproves of the negotiation of such
                    agreement before the close of the 60-day period which
                    begins on the date notice is provided under section
                    1102(c)(3)(C)(i) with respect to the negotiation of such
                    agreement.
      (d) rules of house of representatives and senate subsections (b) and
    (c) of this section are enacted by the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such is
            deemed a part of the rules of each House, respectively, and such
            procedures supersede other rules only to the extent that they
            are inconsistent with such other rules; and
              (2) with the full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedures of that House) at any time, in the same manner, and
            to the same extent as any other rule of that House.
      (e) computation of certain periods of time--Each period of time
    described in subsection (c)(1)(A) and (E) and (2) of this section shall
    be computed without regard to--
              (1) the days on which either House of Congress is not in
            session because of an adjournment of more

    [[Page 1204]]

            than 3 days to a day certain or an adjournment of the Congress
            sine die; and
              (2) any Saturday and Sunday, not excluded under paragraph (1),
            when either House of the Congress is not in session.

                                                              Sec. 1130(11G)

       g. trade promotion authority under the bipartisan trade promotion
                    authority act of 2002, Sec. Sec. 2101-13

                               [19 U.S.C. 3801-13]

                           trade agreements authority

                                [19 U.S.C. 3803]

    sec. 2103. trade agreements authority.

    (a) agreements regarding tariff barriers.--
              (1) in general.--Whenever the President determines that one or
            more existing duties or other import restrictions of any foreign
            country or the United States are unduly burdening and
            restricting the foreign trade of the United States and that the
            purposes, policies, priorities, and objectives of this title
            will be promoted thereby, the President--
                      (A) may enter into trade agreements with foreign
                    countries before--
                            (i) July 1, 2005; or
                            (ii) July 1, 2007, if trade authorities
                        procedures are extended under subsection (c); and
                      (B) may, subject to paragraphs (2) and (3), proclaim--
                            (i) such modification or continuance of any
                        existing duty,
                            (ii) such continuance of existing duty-free or
                        excise treatment, or
                            (iii) such additional duties,
                    as the President determines to be required or
                    appropriate to carry out any such trade agreement.
            The President shall notify the Congress of the President's
            intention to enter into an agreement under this subsection.

                                      * * *

      (b) agreements regarding tariff and nontariff barriers.--

    [[Page 1205]]

              (1) in general.--(A) Whenever the President determines that--
                      (i) one or more existing duties or any other import
                    restriction of any foreign country or the United States
                    or any other barrier to, or other distortion of,
                    international trade unduly burdens or restricts the
                    foreign trade of the United States or adversely affects
                    the United States economy, or
                      (ii) the imposition of any such barrier or distortion
                    is likely to result in such a burden, restriction, or
                    effect,
            and that the purposes, policies, priorities, and objectives of
            this title will be promoted thereby, the President may enter
            into a trade agreement described in subparagraph (B) during the
            period described in subparagraph (C).
              (B) The President may enter into a trade agreement under
            subparagraph (A) with foreign countries providing for--
                      (i) the reduction or elimination of a duty,
                    restriction, barrier, or other distortion described in
                    subparagraph (A); or
                      (ii) the prohibition of, or limitation on the
                    imposition of, such barrier or other distortion.
              (C) The President may enter into a trade agreement under this
            paragraph before--
                      (i) July 1, 2005; or
                      (ii) July 1, 2007, if trade authorities procedures are
                    extended under subsection (c).
              (2) conditions.--A trade agreement may be entered into under
            this subsection only if such agreement makes progress in meeting
            the applicable objectives described in section 2102(a) and (b)
            and the President satisfies the conditions set forth in section
            2104.
              (3) bills qualifying for trade authorities procedures.--(A)
            The provisions of section 151 of the Trade Act of 1974 (in this
            title referred to as ``trade authorities procedures'') apply to
            a bill of either House of Congress which contains provisions
            described in subparagraph (B) to the same extent as such section
            151 applies to implementing bills under that section. A bill to
            which this paragraph applies shall hereafter in this title be
            referred to as an ``implementing bill''.
              (B) The provisions referred to in subparagraph (A) are--

    [[Page 1206]]

                      (i) a provision approving a trade agreement entered
                    into under this subsection and approving the statement
                    of administrative action, if any, proposed to implement
                    such trade agreement; and
                      (ii) if changes in existing laws or new statutory
                    authority are required to implement such trade agreement
                    or agreements, provisions, necessary or appropriate to
                    implement such trade agreement or agreements, either
                    repealing or amending existing laws or providing new
                    statutory authority.
      (c) extension disapproval process for congressional trade authorities
    procedures.--
              (1) in general.--Except as provided in section 2105(b)--
                      (A) the trade authorities procedures apply to
                    implementing bills submitted with respect to trade
                    agreements entered into under subsection (b) before July
                    1, 2005; and
                      (B) the trade authorities procedures shall be extended
                    to implementing bills submitted with respect to trade
                    agreements entered into under subsection (b) after June
                    30, 2005, and before July 1, 2007, if (and only if)--
                            (i) the President requests such extension under
                        paragraph (2); and
                            (ii) neither House of the Congress adopts an
                        extension disapproval resolution under paragraph (5)
                        before July 1, 2005.
              (2) report to congress by the president.--If the President is
            of the opinion that the trade authorities procedures should be
            extended to implementing bills described in paragraph (1)(B),
            the President shall submit to the Congress, not later than April
            1, 2005, a written report that contains a request for such
            extension, together with--
                      (A) a description of all trade agreements that have
                    been negotiated under subsection (b) and the anticipated
                    schedule for submitting such agreements to the Congress
                    for approval;
                      (B) a description of the progress that has been made
                    in negotiations to achieve the purposes, policies,
                    priorities, and objectives of this title, and a
                    statement that such progress justifies the continuation
                    of negotiations; and

    [[Page 1207]]

                      (C) a statement of the reasons why the extension is
                    needed to complete the negotiations.
              (3) other reports to congress.--
                      (A) report by the advisory committee.--The President
                    shall promptly inform the Advisory Committee for Trade
                    Policy and Negotiations established under section 135 of
                    the Trade Act of 1974 (19 U.S.C. 2155) of the
                    President's decision to submit a report to the Congress
                    under paragraph (2). The Advisory Committee shall submit
                    to the Congress as soon as practicable, but not later
                    than May 1, 2005, a written report that contains--
                            (i) its views regarding the progress that has
                        been made in negotiations to achieve the purposes,
                        policies, priorities, and objectives of this title;
                        and
                            (ii) a statement of its views, and the reasons
                        therefor, regarding whether the extension requested
                        under paragraph (2) should be approved or
                        disapproved.
                      (B) report by itc.--The President shall promptly
                    inform the International Trade Commission of the
                    President's decision to submit a report to the Congress
                    under paragraph (2). The International Trade Commission
                    shall submit to the Congress as soon as practicable, but
                    not later than June 1, 2005, a written report that
                    contains a review and analysis of the economic impact on
                    the United States of all trade agreements implemented
                    between the date of enactment of this Act and the date
                    on which the President decides to seek an extension
                    requested under paragraph (2).
              (4) status of reports.--The reports submitted to the Congress
            under paragraphs (2) and (3), or any portion of such reports,
            may be classified to the extent the President determines
            appropriate.
              (5) extension disapproval resolutions.--(A) For purposes of
            paragraph (1), the term ``extension disapproval resolution''
            means a resolution of either House of the Congress, the sole
            matter after the resolving clause of which is as follows: ``That
            the ___ disapproves the request of the President for the
            extension, under section 2103(c)(1)(B)(i) of the Bipartisan
            Trade Promotion Authority Act of 2002, of the trade authorities
            procedures under that Act to any imple

    [[Page 1208]]

            menting bill submitted with respect to any trade agreement
            entered into under section 2103(b) of that Act after June 30,
            2005.'', with the blank space being filled with the name of the
            resolving House of the Congress.
              (B) Extension disapproval resolutions--
                      (i) may be introduced in either House of the Congress
                    by any member of such House; and
                      (ii) shall be referred, in the House of
                    Representatives, to the Committee on Ways and Means and,
                    in addition, to the Committee on Rules.
              (C) The provisions of section 152(d) and (e) of the Trade Act
            of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor
            consideration of certain resolutions in the House and Senate)
            apply to extension disapproval resolutions.
              (D) It is not in order for--
                      (i) the Senate to consider any extension disapproval
                    resolution not reported by the Committee on Finance;
                      (ii) the House of Representatives to consider any
                    extension disapproval resolution not reported by the
                    Committee on Ways and Means and, in addition, by the
                    Committee on Rules; or
                      (iii) either House of the Congress to consider an
                    extension disapproval resolution after June 30, 2005. *
                    * *

    sec. 2104. consultations and assessment.

      (a) notice and consultation before negotiation.--The President, with
    respect to any agreement that is subject to the provisions of section
    2103(b), shall--
              (1) provide, at least 90 calendar days before initiating
            negotiations, written notice to the Congress of the President's
            intention to enter into the negotiations and set forth therein
            the date the President intends to initiate such negotiations,
            the specific United States objectives for the negotiations, and
            whether the President intends to seek an agreement, or changes
            to an existing agreement;
              (2) before and after submission of the notice, consult
            regarding the negotiations with the Committee on Finance of the
            Senate and the Committee on Ways and Means of the House of
            Representatives, such other committees of the House and Senate
            as the President deems appropriate, and the Congressional
            Oversight group convened under section 2107; and

    [[Page 1209]]

              (3) upon the request of a majority of the members of the
            Congressional Oversight Group under section 2107(c), meet with
            the Congressional Oversight Group before initiating the
            negotiations or at any other time concerning the negotiations. *
            * *
      (d) consultation with congress before agreements entered into.--
              (1) consultation.--Before entering into any trade agreement
            under section 2103(b), the President shall consult with--
                      (A) the Committee on Ways and Means of the House of
                    Representatives and the Committee on Finance of the
                    Senate;
                      (B) each other committee of the House and the Senate,
                    and each joint committee of the Congress, which has
                    jurisdiction over legislation involving subject matters
                    which would be affected by the trade agreement; and
                      (C) the Congressional Oversight Group convened under
                    section 2107.
              (2) scope.--The consultation described in paragraph (1) shall
            include consultation with respect to--
                      (A) the nature of the agreement;
                      (B) how and to what extent the agreement will achieve
                    the applicable purposes, policies, priorities, and
                    objectives of this title; and
                      (C) the implementation of the agreement under section
                    2105, including the general effect of the agreement on
                    existing laws.
              (3) report regarding united states trade remedy laws.--
                      (A) changes in certain trade laws.--The President, at
                    least 180 calendar days before the day on which the
                    President enters into a trade agreement under section
                    2103(b), shall report to the Committee on Ways and Means
                    of the House of Representatives and the Committee on
                    Finance of the Senate--
                            (i) the range of proposals advanced in the
                        negotiations with respect to that agreement, that
                        may be in the final agreement, and that could
                        require amendments to title VII of the Tariff Act of
                        1930 or to chapter 1 of title II of the Trade Act of
                        1974; and
                            (ii) how these proposals relate to the
                        objectives described in section 2102(b)(14).

    [[Page 1210]]

                      (B) certain agreements.--With respect to a trade
                    agreement entered into with Chile or Singapore, the
                    report referred to in subparagraph (A) shall be
                    submitted by the President at least 90 calendar days
                    before the day on which the President enters into that
                    agreement.
                      (C) resolutions.--(i) At any time after the
                    transmission of the report under subparagraph (A), if a
                    resolution is introduced with respect to that report in
                    either House of Congress, the procedures set forth in
                    clauses (iii) through (vi) shall apply to that
                    resolution if--
                            (I) no other resolution with respect to that
                        report has previously been reported in that House of
                        Congress by the Committee on Ways and Means or the
                        Committee on Finance, as the case may be, pursuant
                        to those procedures; and
                            (II) no procedural disapproval resolution under
                        section 2105(b) introduced with respect to a trade
                        agreement entered into pursuant to the negotiations
                        to which the report under subparagraph (A) relates
                        has previously been reported in that House of
                        Congress by the Committee on Ways and Means or the
                        Committee on Finance, as the case may be.
                      (ii) For purposes of this subparagraph, the term
                    ``resolution'' means only a resolution of either House
                    of Congress, the matter after the resolving clause of
                    which is as follows: ``That the ___ finds that the
                    proposed changes to United States trade remedy laws
                    contained in the report of the President transmitted to
                    the Congress on ___ under section 2104(d)(3) of the
                    Bipartisan Trade Promotion Authority Act of 2002 with
                    respect to ___, are inconsistent with the negotiating
                    objectives described in section 2102(b)(14) of that
                    Act.'', with the first blank space being filled with the
                    name of the resolving House of Congress, the second
                    blank space being filled with the appropriate date of
                    the report, and the third blank space being filled with
                    the name of the country or countries involved.
                      (iii) Resolutions in the House of Representatives--
                            (I) may be introduced by any Member of the
                        House;

    [[Page 1211]]

                            (II) shall be referred to the Committee on Ways
                        and Means and, in addition, to the Committee on
                        Rules; and
                            (III) may not be amended by either Committee.
                      (iv)\1\ Resolutions in the Senate--
    ---------------------------------------------------------------------------
      \1\So in original; two clauses (iv) have been enacted.
    ---------------------------------------------------------------------------
                            (I) may introduced by any Member of the Senate;
                            (II) shall be referred to the Committee on
                        Finance; and
                            (III) may not be amended.
                      (iv)\2\ It is not in order for the House of
                    Representatives to consider any resolution that is not
                    reported by the Committee on Ways and Means and, in
                    addition, by the Committee on Rules.
    ---------------------------------------------------------------------------
      \2\So in original; two clauses (iv) have been enacted.
    ---------------------------------------------------------------------------
                      (v) It is not in order for the Senate to consider any
                    resolution that is not reported by the Committee on
                    Finance.
                      (vi) The provisions of section 152(d) and (e) of the
                    Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
                    to floor consideration of certain resolutions in the
                    House and Senate) shall apply to resolutions.
      (e) advisory committee reports.--The report required under section
    135(e)(1) of the Trade Act of 1974 regarding any trade agreement entered
    into under section 2103(a) or (b) of this Act shall be provided to the
    President, the Congress, and the United States Trade Representative not
    later than 30 days after the date on which the President notifies the
    Congress under section 2103(a)(1) or 2105(a)(1)(A) of the President's
    intention to enter into the agreement. * * *

    sec. 2105. implementation of trade agreements. [19 U.S.C. 3805]

      (a) in general.--
              (1) notification and submission.--Any agreement entered into
            under section 2103(b) shall enter into force with respect to the
            United States if (and only if)--
                      (A) the President, at least 90 calendar days before
                    the day on which the President enters into the trade
                    agreement, notifies the House of Representatives and the
                    Senate of the President's in

    [[Page 1212]]

                    tention to enter into the agreement, and promptly
                    thereafter publishes notice of such intention in the
                    Federal Register;
                      (B) within 60 days after entering into the agreement,
                    the President submits to the Congress a description of
                    those changes to existing laws that the President
                    considers would be required in order to bring the United
                    States into compliance with the agreement;
                      (C) after entering into the agreement, the President
                    submits to the Congress, on a day on which both Houses
                    of Congress are in session, a copy of the final legal
                    text of the agreement, together with--
                            (i) a draft of an implementing bill described in
                        section 2103(b)(3);
                            (ii) a statement of any administrative action
                        proposed to implement the trade agreement; and
                            (iii) the supporting information described in
                        paragraph (2); and
                      (D) the implementing bill is enacted into law.
              (2) supporting information.--The supporting information
            required under paragraph (1)(C)(iii) consists of--
                      (A) an explanation as to how the implementing bill and
                    proposed administrative action will change or affect
                    existing law; and
                      (B) a statement--
                            (i) asserting that the agreement makes progress
                        in achieving the applicable purposes, policies,
                        priorities, and objectives of this title; and
                            (ii) setting forth the reasons of the President
                        regarding--

        (I) how and to what extent the agreement makes progress in achieving
    the applicable purposes, policies, and objectives referred to in clause
    (i);

        (II) whether and how the agreement changes provisions of an agreement
    previously negotiated;

        (III) how the agreement serves the interests of United States commerce;

        (IV) how the implementing bill meets the standards set forth in section
    2103(b)(3); and

    [[Page 1213]]

        (V) how and to what extent the agreement makes progress in achieving
    the applicable purposes, policies, and objectives referred to in section
    2102(c) regarding the promotion of certain priorities.

              (3) reciprocal benefits.--In order to ensure that a foreign
            country that is not a party to a trade agreement entered into
            under section 2103(b) does not receive benefits under the
            agreement unless the country is also subject to the obligations
            under the agreement, the implementing bill submitted with
            respect to the agreement shall provide that the benefits and
            obligations under the agreement apply only to the parties to the
            agreement, if such application is consistent with the terms of
            the agreement. The implementing bill may also provide that the
            benefits and obligations under the agreement do not apply
            uniformly to all parties to the agreement, if such application
            is consistent with the terms of the agreement.
              (4) disclosure of commitments.--Any agreement or other
            understanding with a foreign government or governments (whether
            oral or in writing) that--
                      (A) relates to a trade agreement with respect to which
                    the Congress enacts an implementing bill under trade
                    authorities procedures, and
                      (B) is not disclosed to the Congress before an
                    implementing bill with respect to that agreement is
                    introduced in either House of Congress, shall not be
                    considered to be part of the agreement approved by the
                    Congress and shall have no force and effect under United
                    States law or in any dispute settlement body.
      (b) limitations on trade authorities procedures.--
              (1) for lack of notice or consultations.--
                      (A) in general.--The trade authorities procedures
                    shall not apply to any implementing bill submitted with
                    respect to a trade agreement or trade agreements entered
                    into under section 2103(b) if during the 60-day period
                    beginning on the date that one House of Congress agrees
                    to a procedural disapproval resolution for lack of
                    notice or consultations with respect to such trade
                    agreement or agreements, the other House separately
                    agrees to a procedural disapproval resolution with
                    respect to such trade agreement or agreements.

    [[Page 1214]]

                      (B) procedural disapproval resolution.--(i) For
                    purposes of this paragraph, the term ``procedural
                    disapproval resolution'' means a resolution of either
                    House of Congress, the sole matter after the resolving
                    clause of which is as follows: ``That the President has
                    failed or refused to notify or consult in accordance
                    with the Bipartisan Trade Promotion Authority Act of
                    2002 on negotiations with respect to ___ and, therefore,
                    the trade authorities procedures under that Act shall
                    not apply to any implementing bill submitted with
                    respect to such trade agreement or agreements.'', with
                    the blank space being filled with a description of the
                    trade agreement or agreements with respect to which the
                    President is considered to have failed or refused to
                    notify or consult.
                            (ii) For purposes of clause (i), the President
                        has ``failed or refused to notify or consult in
                        accordance with the Bipartisan Trade Promotion
                        Authority Act of 2002'' on negotiations with respect
                        to a trade agreement or trade agreements if--

        (I) the President has failed or refused to consult (as the case may be)
    in accordance with section 2104 or 2105 with respect to the negotiations,
    agreement, or agreements;

        (II) guidelines under section 2107(b) have not been developed or met
    with respect to the negotiations, agreement, or agreements;

        (III) the President has not met with the Congressional Oversight Group
    pursuant to a request made under section 2107(c) with respect to the
    negotiations, agreement, or agreements; or

        (IV) the agreement or agreements fail to make progress in achieving the
    purposes, policies, priorities, and objectives of this title.

              (2) procedures for considering resolutions.--(A) Procedural
            disapproval resolutions--
                          (i) in the House of Representatives--

        (I) may be introduced by any Member of the House;

        (II) shall be referred to the Committee on Ways and Means and, in
    addition, to the Committee on Rules; and

    [[Page 1215]]

        (III) may not be amended by either Committee; and

                            (ii) in the Senate--

        (I) may be introduced by any Member of the Senate

        (II) shall be referred to the Committee on Finance; and

        (III) may not be amended.

                      (B) The provisions of section 152(d) and (e) of the
                    Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
                    to the floor consideration of certain resolutions in the
                    House and Senate) apply to a procedural disapproval
                    resolution introduced with respect to a trade agreement
                    if no other procedural disapproval resolution with
                    respect to that trade agreement has previously been
                    reported in that House of Congress by the Committee on
                    Ways and Means or the Committee on Finance, as the case
                    may be, and if no resolution described in section
                    2104(d)(3)(C)(ii) with respect to that trade agreement
                    has been reported in that House of Congress by the
                    Committee on Ways and Means or the Committee on Finance,
                    as the case may be, pursuant to the procedures set forth
                    in clauses (iii) through (vi) of such section
                    2104(d)(3)(C).
                      (C) It is not in order for the House of
                    Representatives to consider any procedural disapproval
                    resolution not reported by the Committee on Ways and
                    Means and, in addition, by the Committee on Rules.
                      (D) It is not in order for the Senate to consider any
                    procedural disapproval resolution not reported by the
                    Committee on Finance.
              (3) for failure to meet other requirements.--Not later than
            December 31, 2002, the Secretary of Commerce, in consultation
            with the Secretary of State, the Secretary of the Treasury, the
            Attorney General, and the United States Trade Representative,
            shall transmit to the Congress a report setting forth the
            strategy of the executive branch to address concerns of the
            Congress regarding whether dispute settlement panels and the
            Appellate Body of the WTO have added to obligations, or
            diminished rights, of the United States, as described in section
            2101(b)(3). Trade authorities procedures shall not apply to any
            implementing bill with respect to an agreement nego

    [[Page 1216]]

            tiated under the auspices of the WTO unless the Secretary of
            Commerce has issued such report in a timely manner.
      (c) rules of house of representatives and senate.--Subsection (b) of
    this section, section 2103(c), and section 2104(d)(3)(C) are enacted by
    the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such are
            deemed a part of the rules of each House, respectively, and such
            procedures supersede other rules only to the extent that they
            are inconsistent with such other rules; and
              (2) with the full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedures of that House) at any time, in the same manner, and
            to the same extent as any other rule of that House.

                                                              Sec. 1130(11H)

      h. u.s. participation in wto, uruguay round agreements act, Sec. 125

                                [19 U.S.C. 3535]

      Sec. 125. review of participation in the wto.--
      (a) report on the operation of the wto.--The first annual report
    submitted to the Congress under section 124--
              (1) after the end of the 5-year period beginning on the date
            on which the WTO Agreement enters into force with respect to the
            United States, and
              (2) after the end of every 5-year period thereafter, shall
            include an analysis of the effects of the WTO Agreement on the
            interests of the United States, the costs and benefits to the
            United States of its participation in the WTO, and the value of
            the continued participation of the United States in the WTO.
      (b) congressional disapproval of u.s. participation in the wto.--
              (1) general rule.--The approval of the Congress, provided
            under section 101(a), of the WTO Agreement shall cease to be
            effective if, and only if, a joint resolution described in
            subsection (c) is enacted into law pursuant to the provisions of
            paragraph (2).
              (2) procedural provisions.--(A) The requirements of this
            paragraph are met if the joint resolution is enacted under
            subsection (c), and--

    [[Page 1217]]

                      (i) the Congress adopts and transmits the joint
                    resolution to the President before the end of the 90-day
                    period (excluding any day described in section 154(b) of
                    the Trade Act of 1974), beginning on the date on which
                    the Congress receives a report referred to in subsection
                    (a), and
                      (ii) if the President vetoes the joint resolution,
                    each House of Congress votes to override that veto on or
                    before the later of the last day of the 90-day period
                    referred to in clause (i) or the last day of the 15-day
                    period (excluding any day described in section 154(b) of
                    the Trade Act of 1974) beginning on the date on which
                    the Congress receives the veto message from the
                    President.
              (B) A joint resolution to which this section applies may be
            introduced at any time on or after the date on which the
            President transmits to the Congress a report described in
            subsection (a), and before the end of the 90-day period referred
            to in subparagraph (A).
      (c) joint resolutions.--
              (1) joint resolutions.--For purposes of this section, the term
            ``joint resolution'' means only a joint resolution of the 2
            Houses of Congress, the matter after the resolving clause of
            which is as follows: ``That the Congress withdraws its approval,
            provided under section 101(a) of the Uruguay Round Agreements
            Act, of the WTO Agreement as defined in section 2(9) of that
            Act.''.
              (2) procedures.--(A) Joint resolutions may be introduced in
            either House of the Congress by any member of such House.
              (B) Subject to the provisions of this subsection, the
            provisions of subsections (b), (d), (e), and (f) of section 152
            of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f))
            apply to joint resolutions to the same extent as such provisions
            apply to resolutions under such section.
              (C) If the committee of either House to which a joint
            resolution has been referred has not reported it by the close of
            the 45th day after its introduction (excluding any day described
            in section 154(b) of the Trade Act of 1974), such committee
            shall be automatically discharged from further consideration of
            the joint resolution and it shall be placed on the appropriate
            calendar.
              (D) It is not in order for--

    [[Page 1218]]

                      (i) the Senate to consider any joint resolution unless
                    it has been reported by the Committee on Finance or the
                    committee has been discharged under subparagraph (C); or
                      (ii) the House of Representatives to consider any
                    joint resolution unless it has been reported by the
                    Committee on Ways and Means or the committee has been
                    discharged under subparagraph (C).
              (E) A motion in the House of Representatives to proceed to the
            consideration of a joint resolution may only be made on the
            second legislative day after the calendar day on which the
            Member making the motion announces to the House his or her
            intention to do so.
              (3) consideration of second resolution not in order.--It shall
            not be in order in either the House of Representatives or the
            Senate to consider a joint resolution (other than a joint
            resolution received from the other House), if that House has
            previously adopted a joint resolution under this section.
      (d) rules of house of representatives and senate.--This section is
    enacted by the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such is
            deemed a part of the rules of each House, respectively, and such
            procedures supersede other rules only to the extent that they
            are inconsistent with such other rules; and
              (2) with the full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedures of that House) at any time, in the same manner, and
            to the same extent as any other rule of that House.

      In the 106th and 109th Congresses a joint resolution withdrawing the
    approval of the United States from the Agreement establishing the World
    Trade Organization was considered under a special rule (H. J. Res. 90,
    June 21, 2000, p. 11704; H. J. Res. 27, June 9, 2005, p. 12008).

                                                              Sec. 1130(11I)

              i. burmese freedom and democracy act of 2003, Sec. 9

                              [50 U.S.C. 1701 note]

      Sec. 9. duration of sanctions.--
      (a) Termination by Request From Democratic Burma.--The President may
    terminate any provision in

    [[Page 1219]]

    this Act upon the request of a democratically elected government in
    Burma, provided that all the conditions in section 3(a)(3) have been
    met.
      (b) Continuation of Import Sanctions.--
              (1) Expiration.--The import restrictions contained in section
            3(a)(1) shall expire 1 year from the date of enactment of this
            Act unless renewed under paragraph (2) of this section.
              (2) Resolution by congress.--The import restrictions contained
            in section 3(a)(1) may be renewed annually for a 1-year period
            if, prior to the anniversary of the date of enactment of this
            Act, and each year thereafter, a renewal resolution is enacted
            into law in accordance with subsection (c).
              (3) Limitation.--The import restrictions contained in section
            3(a)(1) may be renewed for a maximum of nine years from the date
            of the enactment of this Act.
              (4) Rule of construction.--For purposes of this subsection,
            any reference to section 3(a)(1) shall be deemed to include a
            reference to section 3A(b)(1) and (c)(1).
      (c) Renewal Resolutions.--
              (1) In general.--For purposes of this section, the term
            ``renewal resolution'' means a joint resolution of the 2 Houses
            of Congress, the sole matter after the resolving clause of which
            is as follows: ``That Congress approves the renewal of the
            import restrictions contained in section 3(a)(1) and section
            3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of
            2003.''.
              (2) Procedures.--
                      (A) In general.--A renewal resolution--
                            (i) may be introduced in either House of
                        Congress by any member of such House at any time
                        within the 90-day period before the expiration of
                        the import restrictions contained in section 3(a)(1)
                        and section 3A(b)(1) and (c)(1); and
                            (ii) the provisions of subparagraph (B) shall
                        apply.
                      (B) Expedited consideration.--The provisions of
                    section 152(b), (c), (d), (e), and (f) of the Trade Act
                    of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f))
                    apply to a renewal resolution under this Act as if such
                    resolution were a resolution described in section 152(a)
                    of the Trade Act of 1974.

    [[Page 1220]]

                                                              Sec. 1130(11J)

      j. prohibition on import restrictions that would threaten to impair
         national security, Sec. 262 of the trade expansion act of 1962

                                [19 U.S.C. 1862 ]

      Sec. 1862. Safeguarding national security-- * * *
      (f) Congressional disapproval of Presidential adjustment of imports of
    petroleum or petroleum products; disapproval resolution--
              (1) An action taken by the President under subsection (c) of
            this section to adjust imports of petroleum or petroleum
            products shall cease to have force and effect upon the enactment
            of a disapprovalresolution, provided for in paragraph (2),
            relating to that action.
              (2)(A) This paragraph is enacted by the Congress--
                      (i) as an exercise of the rulemaking power of the
                    House of Representatives and the Senate, respectively,
                    and as such is deemed a part of the rules of each House,
                    respectively, but applicable only with respect to the
                    procedures to be followed in that House in the case of
                    disapproval resolutions and such procedures supersede
                    other rules only to the extent that they are
                    inconsistent therewith; and
                      (ii) with the full recognition of the constitutional
                    right of either House to change the rules (so far as
                    relating to the procedure of that House) at any time, in
                    the same manner, and to the same extent as any other
                    rule of that House.
              (B) For purposes of this subsection, the term ``disapproval
            resolution'' means only a joint resolution of either House of
            Congress the matter after the resolving clause of which is as
            follows: ``That the Congress disapproves the action taken under
            section 232 of the Trade Expansion Act of 1962 with respect to
            petroleum imports under ___ dated ___.'', the first blank space
            being filled with the number of the proclamation, Executive
            order, or other Executive act issued under the authority of
            subsection (c) of this section for purposes of adjusting imports
            of petroleum or petroleum products and the second blank being
            filled with the appropriate date.
              (C)(i) All disapproval resolutions introduced in the House of
            Representatives shall be referred to the

    [[Page 1221]]

            Committee on Ways and Means and all disapproval resolutions
            introduced in the Senate shall be referred to the Committee on
            Finance.
              (ii) No amendment to a disapproval resolution shall be in
            order in either the House of Representatives or the Senate, and
            no motion to suspend the application of this clause shall be in
            order in either House nor shall it be in order in either House
            for the Presiding Officer to entertain a request to suspend the
            application of this clause by unanimous consent.

                                                               Sec. 1130(12)

        12. Federal Salary Act of 1967, Sec. 225(h)-(j) [2 U.S.C. 358-60]

      Sec. 225. citizens' commission on public service and compensation.-- *
    * *

      (h) recommendations of the president with respect to pay [2 U.S.C.
    358].-- * * * (2) The President shall transmit his recommendations under
    this subsection to Congress on the first Monday after January 3 of the
    first calendar year beginning after the date on which the Commission
    submits its report and recommendations to the President under subsection
    (g) [2 U.S.C. 357].

      (i) effective date of recommendations of the president [2 U.S.C.
    359].--(1) None of the President's recommendations under subsection (h)
    [2 U.S.C. 358] shall take effect unless approved under paragraph (2).
      (2)(A) The recommendations of the President under subsection (h) [2
    U.S.C. 358] shall be considered approved under this paragraph if there
    is enacted into law a bill or joint resolution approving such
    recommendations in their entirety. This bill or joint resolution shall
    be passed by recorded vote to reflect the vote of each Member of
    Congress thereon.
      (B)(i) The provisions of this subparagraph are enacted by the
    Congress--
              (I) as an exercise of the rulemaking power of the Senate and
            the House of Representatives and as such shall be considered as
            part of the rules of each House, and shall supersede other rules
            only to the extent that they are inconsistent therewith; and
              (II) with full recognition of the constitutional right of
            either House to change the rules (so far as they relate to the
            procedures of that House) at any time, in

    [[Page 1222]]

            the same manner, and to the same extent as in the case of any
            other rule of that House.
      (ii) During the 60-calendar-day period beginning on the date that the
    President transmits his recommendations to the Congress under subsection
    (h) [2 U.S.C. 358], it shall be in order as a matter of highest
    privilege in each House of Congress to consider a bill or joint
    resolution, if offered by the majority leader of such House (or a
    designee), approving such recommendations in their entirety.
      (3) Except as provided in paragraph (4), any recommended pay
    adjustment approved under paragraph (2) shall take effect as of the date
    proposed by the President under subsection (h) [2 U.S.C. 358] with
    respect to such adjustment.
      (4)(A) Notwithstanding the approval of the President's pay
    recommendations in accordance with paragraph (2), none of those
    recommendations shall take effect unless, between the date on which the
    bill or resolution approving those recommendations is signed by the
    President (or otherwise becomes law) and the earliest date as of which
    the President proposes (under subsection (h) [2 U.S.C. 358]) that any of
    those recommendations take effect, an election of Representatives shall
    have intervened.
      (B) For purposes of this paragraph, the term ``election of
    Representatives'' means an election held on the Tuesday following the
    first Monday of November in any even-numbered calendar year.

      (j) effect of recommendations on existing law and prior
    recommendations [2 U.S.C. 360].--The recommendations of the President
    taking effect as provided in section 225(i) [2 U.S.C. 359] shall be held
    and considered to modify, supersede, or render inapplicable, as the case
    may be, to the extent inconsistent therewith--
              (A) all provisions of law enacted prior to the effective date
            or dates of all or part (as the case may be) of such
            recommendations (other than any provision of law enacted with
            respect to such recommendations in the period beginning on the
            date the President transmits his recommendations to the Congress
            under subsection (h) [2 U.S.C. 358] and ending on the date of
            their approval under subsection (i)(2) [2 U.S.C. 359(2)]), and
              (B) any prior recommendations of the President which take
            effect under this chapter.

      In 1985, the Salary Act was amended to require a salary commission
    report with respect to fiscal year 1987. The President transmitted rec

    [[Page 1223]]

    ommendations concerning that report in the fiscal year 1988 Budget
    message (Jan. 5, 1987, H. Doc. 100-11). Because not disapproved by the
    Congress in accordance with the Salary Act (2 U.S.C. 359), those
    recommendations took effect on March 1, 1987. On return to the normal
    quadrennial cycle, the President transmitted with the fiscal year 1990
    Budget message recommendations concerning a salary commission report
    with respect to fiscal year 1989 (Jan. 9, 1989, H. Doc. 101-21). Those
    recommendations were disapproved by Public Law 101-1 (H. J. Res. 129,
    101st Cong., Feb. 7, 1989, p. 1708). In 1989, the Salary Act was amended
    to redesignate the Commission, refine the parameters for quadrennial
    adjustments, and provide for privileged consideration of legislation to
    approve adjustments recommended by the President. The quadrennial review
    contemplated by the statute has not occurred since 1993. Adjustments are
    to maintain equal levels of pay among the Speaker, the Vice President,
    and the Chief Justice; among the Majority and Minority Leaders, the
    President pro tempore of the Senate, and level I of the Executive
    Schedule; and among Representatives, Senators, certain judges, and level
    II of the Executive Schedule (2 U.S.C. 362).

      Under section 311(d) of the Legislative Branch Appropriations Act,
    1988 (2 U.S.C. 4532), the Speaker may adjust pay levels for officers and
    employees of the House to maintain certain relationships with comparable
    levels in the Senate and in the other branches of government. This
    authority to issue ``pay orders'' is stated as follows:

      ``Sec. 311. * * * (d)(1) Notwithstanding any other provision of this
    Act, or any other provision of law, rule, or regulation, hereafter each
    time the President pro tempore of the Senate exercises any authority
    pursuant to any of the amendments made by this section with respect to
    rates of pay or any other matter relating to personnel whose pay is
    disbursed by the Secretary of the Senate, or whenever any of the events
    described in paragraph (2) occurs, the Speaker of the House of
    Representatives may adjust the rates of pay (and any minimum or maximum
    rate, limitation, or allowance) applicable to personnel whose pay is
    disbursed by the Chief Administrative Officer of the House of
    Representatives to the extent necessary to ensure--
              ``(A) appropriate pay levels and relationships between and
            among positions held by personnel of the House of
            Representatives; and
              ``(B) appropriate pay relationships between--
                      ``(i) positions referred to in subparagraph (A); and
                      ``(ii)(I) positions under subparagraphs (A) through
                    (D) of section 225(f) of the Federal Salary Act of 1967
                    [2 U.S.C. 356];
                      ``(II) positions held by personnel whose pay is
                    disbursed by the Secretary of the Senate; and
                      ``(III) positions to which the General Schedule
                    applies.
      ``(2) The other events permitting an exercise of authority under this
    subsection are either--

    [[Page 1224]]

              ``(A) an adjustment under section 5303 of title 5, United
            States Code, in rates of pay under the General Schedule; or
              ``(B) an adjustment in rates of pay for Members of the House
            of Representatives (other than an adjustment which occurs by
            virtue of an adjustment described in subparagraph (A)).
      ``(3) For the purpose of this subsection, the term `Member of the
    House of Representatives' means a Member of the House of
    Representatives, a Delegate to the House of Representatives, and the
    Resident Commissioner from Puerto Rico.''
                                                               Sec. 1130(13)

             13. Energy Policy and Conservation Act [42 U.S.C. 6421]

                          Part C--Congressional Review

    procedure for congressional review of presidential requests to implement
                               certain authorities

      Sec. 551. (a) For purposes of this section, the term ``energy action''
    means any matter required to be transmitted, or submitted to the
    Congress in accordance with the procedures of this section.
      (b) The President shall transmit any energy action (bearing an
    identification number) to both Houses of Congress on the same day. If
    both Houses are not in session on the day any energy action is received
    by the appropriate officers of each House, for purposes of this section
    such energy action shall be deemed to have transmitted on the first
    succeeding day on which both Houses are in session.
      (c)(1) Except as provided in paragraph (2) of this subsection, if
    energy action is transmitted to the Houses of Congress, such action
    shall take effect at the end of the first period of 15 calendar days of
    continuous session of Congress after the date on which such action is
    transmitted to such Houses, unless between the date of transmittal and
    the end of such 15-day period, either House passes a resolution stating
    in substance that such House does not favor such action.
      (2) An energy action described in paragraph (1) may take effect prior
    to the expiration of the 15-calendar-day period after the date on which
    such action is transmitted, if each House of Congress approves a
    resolution affirmatively stating in substance that such House does not
    object to such action.
      (d) For the purpose of subsection (c) of this section--

    [[Page 1225]]

              (1) continuity of session is broken only by an adjournment of
            Congress sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain are
            excluded in the computation of the 15-calendar-day period.
      (e) Under provisions contained in an energy action, a provision of
    such an action may take effect on a date later than the date on which
    such action otherwise takes effect pursuant to the provisions of this
    section.
      (f)(1) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such it is
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of resolutions described by paragraph (2)
            of this subsection; and it supersedes other rules only to the
            extent that is inconsistent therewith; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of the House.
      (2) For purposes of this subsection, the term ``resolution'' means
    only a resolution of either House of Congress described in subparagraph
    (A) or (B) of this paragraph.
              (A) A resolution the matter after the resolving clause of
            which is as follows: ``That the ___ does not object to the
            energy action numbered __ submitted to the Congress on ___,
            19_.'', the first blank space therein being filled with the name
            of the resolving House and the other blank spaces being
            appropriately filled; but does not include a resolution which
            specifies more than one energy action.
              (B) A resolution the matter after the resolving clause of
            which is as follows: ``That the ___ does not favor the energy
            action numbered __ transmitted to Congress on ___, 19_.'', the
            first blank space therein being filled with the name of the
            resolving House and other blank spaces therein being
            appropriately filled; but does not include a resolution which
            specifies more than one energy action.
      (3) A resolution once introduced with respect to an energy action
    shall immediately be referred to a committee (and all resolutions with
    respect to the same plan shall be

    [[Page 1226]]

    referred to the same committee) by the President of the Senate or the
    Speaker of the House of Representatives, as the case may be.
      (4)(A) If the committee to which a resolution with respect to an
    energy action has been referred has not reported it at the end of 5
    calendar days after its referral, it shall be in order to move either to
    discharge the committee from further consideration of such resolution or
    to discharge the committee from further consideration of any other
    resolution with respect to such energy action which has been referred to
    the committee.
      (B) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same energy action), and debate thereon shall be limited to not more
    than one hour, to be divided equally between those favoring and those
    opposing the resolution. An amendment to the motion shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which the motion was agreed to or disagreed to.
      (C) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same energy action.
      (5)(A) When the committee has reported, or has been discharged from
    further consideration of, a resolution, it shall be at any time
    thereafter in order (even though a previous motion to the same effect
    has been disagreed to) to move to proceed to the consideration of the
    resolution. The motion shall be highly privileged and shall not be
    debatable. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to.
      (B) Debate on the resolution referred to in subparagraph (A) of this
    paragraph shall be limited to not more than 10 hours, which shall be
    divided equally between those favoring and those opposing such
    resolution. A motion further to limit debate shall not be debatable. An
    amendment to, or motion to recommit, the resolution shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which such resolution was agreed to or disagreed to; except that it
    shall be in order--

    [[Page 1227]]

              (i) to offer an amendment in the nature of a substitute,
            consisting of the text of a resolution described in paragraph
            (2)(A) of this subsection with respect to an energy action, for
            a resolution described in paragraph (2)(B) of this subsection
            with respect to the same such action, or
              (ii) to offer an amendment in the nature of a substitute,
            consisting of the text of a resolution described in paragraph
            (2)(B) of this subsection with respect to an energy action, for
            a resolution described in paragraph (2)(A) of this subsection
            with respect to the same such action.
    The amendments described in clauses (i) and (ii) of this subparagraph
    shall not be amendable.
      (6)(A) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of a resolution and motions to proceed
    to the consideration of other business, shall be decided without debate.
      (B) Appeals from the decision of the Chair relating to the application
    of the rules of the Senate or the House of Representatives, as the case
    may be, to the procedure relating to a resolution shall be decided
    without debate.
      (7) Notwithstanding any of the provisions of this subsection, if a
    House has approved a resolution with respect to an energy action, then
    it shall not be in order to consider in that House any other resolution
    with respect to the same such action.

      These statutory procedures have been used for consideration of a
    motion to discharge a committee from consideration of a resolution
    disapproving an ``energy action'' under Public Law 94-163 (Apr. 13,
    1976, p. 10794; May 27, 1976, p. 15772).
                                                               Sec. 1130(14)

         14. Extensions of Emergency Energy Authorities [42 U.S.C. 8374]

      Sec. 404. emergency authorities.--(a) coal allocation authority.--(1)
    If the President--
              (A) declares a severe energy supply interruption, as defined
            in section 3(8) of the Energy Policy and Conservation Act [42
            U.S.C. 6202(8)], or
              (B) finds, and publishes such finding, that a national or
            regional fuel supply shortage exists or may exist which the
            President determines--
                      (i) is, or is likely to be, of significant scope and
                    duration, and of an emergency nature;

    [[Page 1228]]

                      (ii) causes, or may cause, major adverse impact on
                    public health, safety, or welfare or on the economy; and
                      (iii) results, or is likely to result, from an
                    interruption in the supply of coal or from sabotage, or
                    an act of God;
    the President may, by order, allocate (and require the transportation
    thereof) for the use of any electrical powerplant or major fuel-burning
    installation, in accordance with such terms and conditions as he may
    prescribe, to insure reliability of electric service or prevent
    unemployment, or protect public health, safety, or welfare.
      (2) For purposes of this subsection, the term ``coal'' means
    anthracite and bituminous coal and lignite (but does not mean any fuel
    derivative thereof).
      (b) emergency prohibition on use of natural gas or petroleum.--If the
    President declares a severe energy supply interruption, as defined in
    section 3(8) of the Energy Policy and Conservation Act [42 U.S.C.
    6202(8)], the President may, by order, prohibit any electric powerplant
    or major fuelburning installation from using natural gas or petroleum,
    or both, as a primary energy source for the duration of such
    interruption. Notwithstanding any other provision of this section, any
    suspension of emission limitations or other requirements of applicable
    implementation plans, as defined in section 110(d) of the Clean Air Act
    [42 U.S.C. 7410(d)], required by such prohibition shall be issued only
    in accordance with section 110(f) of the Clean Air Act [42 U.S.C.
    7410(f)].
      (c) emergency stays.--The President may, by order, stay the
    application of any provision of this act, or any rule or order
    thereunder, applicable to any new or existing electric powerplant, if
    the President finds, and publishes such finding, that an emergency
    exists, due to national, regional, or systemwide shortages of coal or
    other alternate fuels, or disruption of transportation facilities, which
    emergency is likely to affect reliability of service of any such
    electric powerplant.
      (d) duration of emergency orders.--(1) Except as provided in paragraph
    (3), any order issued by the President under this section shall not be
    effective for longer than the duration of the interruption or emergency,
    or 90 days, whichever is less.
      (2) Any such order may be extended by a subsequent order which the
    President shall transmit to the Congress in accordance with section 551
    of the Energy Policy and

    [[Page 1229]]

    Conservation Act [42 U.S.C. 6421]. Such order shall be subject to
    congressional review pursuant to such section.
      (3) Notwithstanding paragraph (1), the effectiveness of any order
    issued under this section shall not terminate under this subsection
    during the 15-calendar-day period during which any such subsequent order
    described in paragraph (2) is subject to congressional review under
    section 551 of the Energy Policy and Conservation Act [42 U.S.C. 6421].
                                                               Sec. 1130(15)

                  15. Nuclear Waste Fund Fees [42 U.S.C. 10222]

      Sec. 302. (a) contracts.--(1) In the performance of his functions
    under this Act, the Secretary is authorized to enter into contracts with
    any person who generates or holds title to high-level radioactive waste,
    or spent nuclear fuel, of domestic origin for the acceptance of title,
    subsequent transportation, and disposal of such waste or spent fuel.
    Such contracts shall provide for payment to the Secretary of fees
    pursuant to paragraphs (2) and (3) sufficient to offset expenditures
    described in subsection (d).

                                      * * *

      (4) Not later than 180 days after the date of enactment of this Act,
    the Secretary shall establish procedures for the collection and payment
    of the fees established by paragraph (2) and paragraph (3). The
    Secretary shall annually review the amount of the fees established by
    paragraphs (2) and (3) above to evaluate whether collection of the fee
    will provide sufficient revenues to offset the costs as defined in
    subsection (d) herein. In the event the Secretary determines that either
    insufficient or excess revenues are being collected, in order to recover
    the costs incurred by the Federal Government that are specified in
    subsection (d), the Secretary shall propose an adjustment to the fee to
    insure full cost recovery. The Secretary shall immediately transmit this
    proposal for such an adjustment to Congress. The adjusted fee proposed
    by the Secretary shall be effective after a period of 90 days of
    continuous session have elapsed following the receipt of such
    transmittal unless during such 90-day period either House of Congress
    adopts a resolution disapproving the Secretary's proposed adjustment in
    accordance with the procedures set forth for congressional review of an
    energy action under section 551 of the Energy Policy and Conservation
    Act [42 U.S.C. 6421]. end segment .016  deg. segment
    .017 -- expedited procedures from (16)  deg.

    [[Page 1230]]

                                                              Sec. 1130(16A)

                             16. Arms Export Control

                       a. arms export control act, Sec. 36

                               [22 U.S.C. 2776(b)]

     reports on commercial and governmental military exports; congressional
                                     action

      Sec. 36. * * * (b)(1) Subject to paragraph (6), in the case of any
    letter of offer to sell any defense articles or services under this Act
    for $50,000,000 or more, any design and construction services for
    $200,000,000 or more, or any major defense equipment for $14,000,000 or
    more, before such letter of offer is issued, the President shall submit
    to the Speaker of the House of Representatives and to the chairman of
    the Committee on Foreign Relations of the Senate a numbered
    certification with respect to such offer to sell containing the
    information specified in * * * subsection (a) * * *

    A certification transmitted pursuant to this subsection shall be
    unclassified, except that the information specified in clause (ii) and
    the details of the description specified in clause (iii) of subsection
    (a) may be classified if the public disclosure thereof would be clearly
    detrimental to the security of the United States, in which case the
    information shall be accompanied by a description of the damage to the
    national security that could be expected to result from public
    disclosure of the information. The letter of offer shall not be issued
    with respect to a proposed sale to the North Atlantic Treaty
    Organization, any member country of such Organization, Japan, Australia,
    the Republic of Korea, Israel, or New Zealand, if the Congress, within
    fifteen calendar days after receiving such certification, or with
    respect to a proposed sale to any other country or organization, if the
    Congress within thirty calendar days after receiving such certification,
    enacts a joint resolution prohibiting the proposed sale, unless the
    President states in his certification that an emergency exists which
    requires such sale in the national security interests of the United
    States. If the President states in his certification that an emergency
    exists which requires the proposed sale in the national security
    interest of the United States, thus waiving the congressional review
    requirements of this subsection, he shall set forth in the certification
    a detailed

    [[Page 1231]]

    justification for his determination, including a description of the
    emergency circumstances which necessitate the immediate issuance of the
    letter of offer and a discussion of the national security interests
    involved.
      (2) Any such joint resolution shall be considered in the Senate in
    accordance with the provisions of section 601(b) of the International
    Security Assistance and Arms Export Control Act of 1976, except that for
    purposes of consideration of any joint resolution with respect to the
    North Atlantic Treaty Organization, any member country of such
    Organization, Japan, Australia, the Republic of Korea, Israel, or New
    Zealand, it shall be in order in the Senate to move to discharge a
    committee to which such joint resolution was referred if such committee
    has not reported such joint resolution at the end of five calendar days
    after its introduction.
      (3) For the purpose of expediting the consideration and enactment of
    joint resolutions under this subsection, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.

                                      * * *

      Pursuant to this provision, a motion that the House resolve itself
    into the Committee of the Whole for consideration of a concurrent (now
    joint; see P.L. 99-247) resolution disapproving an export sale of major
    defense equipment is highly privileged after the resolution has been
    reported, subject to the three-day availability requirement of clause 4
    of rule XIII (former clause 2(l)(6) of rule XI) (Oct. 14, 1981, pp.
    23796, 23871, 23872; May 7, 1986, p. 9716).
                                                              Sec. 1130(16B)

                       b. arms export control act, Sec. 36

           commercial exports of defense articles and defense services

                               [22 U.S.C. 2776(c)]

      Sec. 36. * * * (c) * * * (2) Unless the President states in his
    certification [under paragraph (1)] that an emergency exists which
    requires the proposed export in the national security interests of the
    United States, a license for export described in paragraph (1)--
              (A) in the case of a license for an export to the North
            Atlantic Treaty Organization, any member country of that
            Organization or Australia, Japan, the

    [[Page 1232]]

            Republic of Korea, Israel, or New Zealand, shall not be issued
            until at least 15 calendar days after the Congress receives such
            certification, and shall not be issued then if the Congress,
            within that 15-day period, enacts a joint resolution prohibiting
            the proposed export; and
              (B) in the case of a license for an export of a commercial
            communications satellite for launch from, and by nationals of,
            the Russian Federation, Ukraine, or Kazakhstan, shall not be
            issued until at least 15 calendar days after the Congress
            receives such certification, and shall not be issued then if the
            Congress, within that 15-day period, enacts a joint resolution
            prohibiting the proposed export; and
              (C) in the case of any other license, shall not be issued
            until at least 30 calendar days after the Congress receives such
            certification, and shall not be issued then if the Congress,
            within that 30-day period, enacts a joint resolution prohibiting
            the proposed export.
      (3)(A) Any joint resolution under this subsection shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (B) For the purpose of expediting the consideration and enactment of
    joint resolutions under this subsection, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.
                                                              Sec. 1130(16C)

                       c. arms export control act, Sec. 36

                       commercial manufacturing agreements

                               [22 U.S.C. 2776(d)]

      Sec. 36. (d)(1) In the case of an approval under section 38 of this
    Act [22 U.S.C. 2778] of a United States commercial technical assistance
    or manufacturing licensing agreement which involves the manufacture
    abroad of any item of significant combat equipment on the United States
    Munitions List, before such approval is given, the President shall
    submit a certification with respect to such proposed commercial
    agreement in a manner similar to the certification required under
    subsection (c)(1) of this section containing comparable information,
    except that the last sen

    [[Page 1233]]

    tence of such subsection shall not apply to certifications submitted
    pursuant to this subsection.
      (2) A certification under this subsection shall be submitted--
              (A) at least 15 days before approval is given in the case of
            an agreement for or in a country which is a member of the North
            Atlantic Treaty Organization or Australia, Japan, the Republic
            of Korea, Israel, or New Zealand; and
              (B) at least 30 days before approval is given in the case of
            an agreement for or in any other country;
    unless the President states in his certification that an emergency
    exists which requires the immediate approval of the agreement in the
    national security interests of the United States.
      (3) If the President states in his certification that an emergency
    exists which requires the immediate approval of the agreement in the
    national security interests of the United States, thus waiving the
    requirements of paragraph (4), he shall set forth in the certification a
    detailed justification for his determination, including a description of
    the emergency circumstances which necessitate the immediate approval of
    the agreement and a discussion of the national security interests
    involved.
      (4) Approval for an agreement subject to paragraph (1) may not be
    given under section 38 if the Congress, within the 15-day or 30-day
    period specified in paragraph (2)(A) or (B), as the case may be, enacts
    a joint resolution prohibiting such approval.
      (5)(A) Any joint resolution under paragraph (4) shall be considered in
    the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (B) For the purpose of expediting the consideration and enactment of
    joint resolutions under paragraph (4), a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.

    [[Page 1234]]

                                                              Sec. 1130(16D)

                       d. arms export control act, Sec. 3

                  third country transfer of military equipment

                                [22 U.S.C. 2753]

      Sec. 3. (a) No defense article or defense service shall be sold or
    leased by the United States Government under this Act to any country or
    international organization, and no agreement shall be entered into for a
    cooperative project (as defined in section 27 of this Act [22 U.S.C.
    2767]), unless--

                                      * * *

      (2) the country or international organization shall have agreed not to
    transfer title to, or possession of, any defense article or related
    training or other defense service so furnished to it, or produced in a
    cooperative project (as defined in section 27 of this Act [22 U.S.C.
    2767]), to anyone not an officer, employee, or agent of that country or
    international organization (or the North Atlantic Treaty Organization or
    the specific member countries (other than the United States) in the case
    of a cooperative project) and not to use or permit the use of such
    article or related training or other defense service for purposes other
    than those for which furnished unless the consent of the President has
    first been obtained;

                                      * * *

      (d)(1) Subject to paragraph (5), the President may not give his
    consent under paragraph (2) of subsection (a) or under the third
    sentence of such subsection, or under section 505(a)(1) or 505(a)(4) of
    the Foreign Assistance Act of 1961 [22 U.S.C. 2314(a)(1) or (4)], to a
    transfer of any major defense equipment valued (in terms of its original
    acquisition cost) at $14,000,000 or more, or any defense article or
    related training or of other defense service valued (in terms of its
    original acquisition cost) at $50,000,000 or more, unless the President
    submits to the Speaker of the House of Representatives and the Committee
    on Foreign Relations of the Senate a written certification with respect
    to such proposed transfer containing--
              (A) the name of the country or international organization
            proposing to make such transfer,
              (B) a description of the article or service proposed to be
            transferred, including its acquisition cost,

    [[Page 1235]]

              (C) the name of the proposed recipient of such article or
            service,
              (D) the reasons for such proposed transfer, and
              (E) the date on which such transfer is proposed to be made.
    Any certification submitted to Congress pursuant to this paragraph shall
    be unclassified, except that information regarding the dollar value and
    number of articles or services proposed to be transferred may be
    classified if public disclosure thereof would be clearly detrimental to
    the security of the United States.
      (2)(A) Except as provided in subparagraph (B), unless the President
    states in the certification submitted pursuant to paragraph (1) of this
    subsection that an emergency exists which requires that consent to the
    proposed transfer become effective immediately in the national security
    interests of the United States, such consent shall not become effective
    until 30 calendar days after the date of such submission and such
    consent shall become effective then only if the Congress does not enact,
    within such 30-day period, a joint resolution prohibiting the proposed
    transfer.
      (B) In the case of a proposed transfer to the North Atlantic Treaty
    Organization, or any member country of such Organization, Japan,
    Australia, the Republic of Korea, Israel, or New Zealand, unless the
    President states in the certification submitted pursuant to paragraph
    (1) of this subsection that an emergency exists which requires that
    consent to the proposed transfer become effective immediately in the
    national security interests of the United States, such consent shall not
    become effective until fifteen calendar days after the date of such
    submission and such consent shall become effective then only if the
    Congress does not enact, with such fifteen-day period, a joint
    resolution prohibiting the proposed transfer.
      (C) If the President states in his certification under subparagraph
    (A) or (B) that an emergency exists which requires that consent to the
    proposed transfer become effective immediately in the national security
    interests of the United States, thus waiving the requirements of that
    subparagraph, the President shall set forth in the certification a
    detailed justification for his determination, including a description of
    the emergency circumstances which necessitate immediate consent to the
    transfer and a discussion of the national security interests involved.

    [[Page 1236]]

      (D)(i) Any joint resolution under this paragraph shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (ii) For the purpose of expediting the consideration and enactment of
    joint resolutions under this paragraph, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.
      (3)(A) Subject to paragraph (5), the President may not give his
    consent to the transfer of any major defense equipment valued (in terms
    of its original acquisition cost) at $14,000,000 or more, or any defense
    article or defense service valued (in terms of its original acquisition
    cost) at $50,000,000 or more, the export of which has been licensed or
    approved under section 38 of this Act [22 U.S.C. 2778] or has been
    exempted from the licensing requirements of this chapter pursuant to a
    treaty referred to in section 38 of this Act [22 U.S.C. 2778] where such
    treaty does not authorize the transfer without prior United States
    Government approval, unless before giving such consent the President
    submits to the Speaker of the House of Representatives and the Chairman
    of the Committee on Foreign Relations of the Senate a certification
    containing the information specified in subparagraphs (A) through (E) of
    paragraph (1). Such certification shall be submitted--
              (i) at least 15 calendar days before such consent is given in
            the case of a transfer to a country which is a member of the
            North Atlantic Treaty Organization or Australia, Japan, the
            Republic of Korea, Israel, or New Zealand; and
              (ii) at least 30 calendar days before such consent is given in
            the case of a transfer to any other country,
    unless the President states in his certification that an emergency
    exists which requires that consent to the proposed transfer become
    effective immediately in the national security interests of the United
    States. If the President states in his certification that such an
    emergency exists (thus waiving the requirements of clause (i) or (ii),
    as the case may be, and of subparagraph (B)) the President shall set
    forth in the certification a detailed justification for his
    determination, including a description of the emergency circumstances
    which necessitate that consent to the

    [[Page 1237]]

    proposed transfer become effective immediately and a discussion of the
    national security interests involved.
      (B) Consent to a transfer subject to subparagraph (A) shall become
    effective after the end of the 15-day or 30-day period specified in
    subparagraph (A)(i) or (ii), as the case may be, only if the Congress
    does not enact, within that period, a joint resolution prohibiting the
    proposed transfer.
      (C)(i) Any joint resolution under this paragraph shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (ii) For the purpose of expediting the consideration and enactment of
    joint resolutions under this paragraph, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.
      (4) This subsection shall not apply--
              (A) to transfers of maintenance, repair, or overhaul defense
            services, or of the repair parts of other defense articles used
            in furnishing such services, if the transfer will not result in
            any increase, relative to the original specifications, in the
            military capability of the defense articles and services to be
            maintained, repaired, or overhauled;
              (B) to temporary transfers of defense articles for the sole
            purpose of receiving maintenance, repair, or overhaul; or
              (C) to arrangements among members of the North Atlantic Treaty
            Organization or between the North Atlantic Treaty Organization
            and any of its member countries--
                      (i) for cooperative cross servicing, or
                      (ii) for lead-nation procurement if the certification
                    transmitted to the Congress pursuant to section 36(b) of
                    this Act [22 U.S.C. 2776(b)] with regard to such lead-
                    nation procurement identified the transferees on whose
                    behalf the lead-nation procurement was proposed.
      (5) In the case of a transfer to a member country of the North
    Atlantic Treaty Organization (NATO) or Australia, Japan, the Republic of
    Korea, Israel, or New Zealand that does not authorize a new sales
    territory that includes any country other than such countries, the
    limitations on con

    [[Page 1238]]

    sent of the President set forth in paragraphs (1) and (3)(A) shall apply
    only if the transfer is--
              (A) a transfer of major defense equipment valued (in terms of
            its original acquisition cost) at $25,000,000 or more; or
              (B) a transfer of defense articles or defense services valued
            (in terms of its original acquisition cost) at $100,000,000 or
            more.

                                      * * *

                                                              Sec. 1130(16E)

                  e. arms export control act, Sec. Sec. 62, 63

                           leases of defense articles

                            [22 U.S.C. 2796a, 2796b]

      Sec. 62. reports to the congress.--(a) Before entering into or
    renewing any agreement with a foreign country or international
    organization to lease any defense article under this chapter, or to loan
    any defense article under chapter 2 of part II of the Foreign Assistance
    Act of 1961 [22 U.S.C. 2311], for a period of one year or longer, the
    President shall transmit to the Speaker of the House of Representatives,
    the Committee on Foreign Affairs of the House of Representatives, and to
    the chairman of the Committee on Foreign Relations of the Senate and the
    chairman of the Committee on Armed Services of the Senate, a written
    certification which specifies--
              (1) the country or international organization to which the
            defense article is to be leased or loaned;
              (2) the type, quantity, and value (in terms of replacement
            cost) of the defense article to be leased or loaned;
              (3) the terms and duration of the lease or loan; and
              (4) a justification for the lease or loan, including an
            explanation of why the defense article is being leased or loaned
            rather than sold under this Act.
      (b) The President may waive the requirements of this section (and in
    the case of an agreement described in section 63 [22 U.S.C. 2796b], may
    waive the provisions of that section) if he states in his certification,
    that an emergency exists which requires that the lease or loan be
    entered into immediately in the national security interests of the
    United States. If the President states in his certification that such an
    emergency exists, he shall set forth in

    [[Page 1239]]

    the certification a detailed justification for his determination,
    including a description of the emergency circumstances which necessitate
    that the lease be entered into immediately and a discussion of the
    national security interests involved.
      (c) The certification required by subsection (a) shall be
    transmitted--
              (1) not less than 15 calendar days before the agreement is
            entered into or renewed in the case of an agreement with the
            North Atlantic Treaty Organization, any member country of that
            Organization or Australia, Japan, the Republic of Korea, Israel,
            or New Zealand; and
              (2) not less than 30 calendar days before the agreement is
            entered into or renewed in the case of an agreement with any
            other organization or country.

      Sec. 63. legislative review.--(a)(1) Subject to paragraph (2), in the
    case of any agreement involving the lease under this chapter, or the
    loan under chapter 2 of part II of the Foreign Assistance Act of 1961
    [22 U.S.C. 2311], to any foreign country or international organization
    for a period of one year or longer of any defense articles which are
    either (i) major defense equipment valued (in terms of its replacement
    cost less any depreciation in its value) at $14,000,000 or more, or (ii)
    defense articles valued (in terms of their replacement cost less any
    depreciation in their value) at $50,000,000 or more, the agreement may
    not be entered into or renewed if the Congress, within the 15-day or 30-
    day period specified in section 62(c) (1) or (2), as the case may be,
    enacts a joint resolution prohibiting the proposed lease or loan.
      (2) In the case of an agreement described in paragraph (1) that is
    entered into with a member country of the North Atlantic Treaty
    Organization (NATO) or Australia, Japan, the Republic of Korea, Israel,
    or New Zealand, the limitations in paragraph (1) shall apply only if the
    agreement involves a lease or loan of--
              (A) major defense equipment valued (in terms of its
            replacement cost less any depreciation in its value) at
            $25,000,000 or more; or
              (B) defense articles valued (in terms of their replacement
            cost less any depreciation in their value) at $100,000,000 or
            more.
      (b) Any joint resolution under subsection (a) shall be considered in
    the Senate in accordance with the provisions

    [[Page 1240]]

    of section 601(b) of the International Security Assistance and Arms
    Export Control Act of 1976.
      (c) For the purpose of expediting the consideration and enactment of
    joint resolutions under subsection (a), a motion to proceed to the
    consideration of any such resolution after it has been reported by the
    appropriate committee shall be treated as highly privileged in the House
    of Representatives.
                                                              Sec. 1130(16F)

                       f. arms export control act, Sec. 40

     transactions with countries supporting acts of international terrorism.

                                [22 U.S.C. 2780]

      Sec. 40. Transactions with Countries Supporting Acts of International
    Terrorism.

                                      * * *

      (f) Rescission.--(1) A determination made by the Secretary of State
    under subsection (d) may not be rescinded unless the President submits
    to the Speaker of the House of Representatives and the chairman of the
    Committee on Foreign Relations of the Senate--
              (A) before the proposed rescission would take effect, a report
            certifying that--
                      (i) there has been a fundamental change in the
                    leadership and policies of the government of the country
                    concerned;
                      (ii) that government is not supporting acts of
                    international terrorism; and
                      (iii) that government has provided assurances that it
                    will not support acts of international terrorism in the
                    future; or
              (B) at least 45 days before the proposed rescission would take
            effect, a report justifying the rescission and certifying that--
                      (i) the government concerned has not provided any
                    support for international terrorism during the preceding
                    6-month period; and
                      (ii) the government concerned has provided assurances
                    that it will not support acts of international terrorism
                    in the future.
      (2) (A) No rescission under paragraph (1)(B) of a determination under
    subsection (d) may be made if the Congress, within 45 days after receipt
    of a report under para

    [[Page 1241]]

    graph (1)(B), enacts a joint resolution the matter after the resolving
    clause of which is as follows: ``That the proposed rescission of the
    determination under section 40(d) of the Arms Export Control Act
    pursuant to the report submitted to the Congress on ___ is hereby
    prohibited.'', the blank to be completed with the appropriate date.
      (B) A joint resolution described in subparagraph (A) and introduced
    within the appropriate 45-day period shall be considered in the Senate
    and the House of Representatives in accordance with paragraphs (3)
    through (7) of section 8066(c) of the Department of Defense
    Appropriations Act (as contained in Public Law 98-473), except that
    references in such paragraphs to the Committees on Appropriations of the
    House of Representatives and the Senate shall be deemed to be references
    to the Committee on Foreign Affairs of the House of Representatives and
    the Committee on Foreign Relations of the Senate, respectively.

                                      * * *

                                                               Sec. 1130(17)

                   17. Federal Election Commission Regulations

              a. federal election campaign act of 1971, Sec. 311(d)

                              [52 U.S.C. 30111(d)]

      Sec. 311. * * *(d)(1) Before prescribing any rule, regulation, or form
    under this section or any other provision of this Act, the Commission
    shall transmit a statement with respect to such rule, regulation, or
    form to the Senate and the House of Representatives, in accordance with
    this subsection. Such statement shall set forth the proposed rule,
    regulation, or form, and shall contain a detailed explanation and
    justification of it.
      (2) If either House of the Congress does not disapprove by resolution
    any proposed rule or regulation submitted by the Commission under this
    section within 30 legislative days after the date of the receipt of such
    proposed rule or regulation or within 10 legislative days after the date
    of receipt of such proposed form, the Commission may prescribe such
    rule, regulation, or form.
      (3) For purposes of this subsection, the term ``legislative day''
    means, with respect to statements transmitted to the Senate, any
    calendar day on which the Senate is in session, and with respect to
    statements transmitted to the

    [[Page 1242]]

    House of Representatives, any calendar day on which the House of
    Representatives is in session.
      (4) For purposes of this subsection, the terms ``rule'' and
    ``regulation'' mean a provision or series of interrelated provisions
    stating a single, separate rule of law.
      (5)(A) A motion to discharge a committee of the Senate from the
    consideration of a resolution relating to any such rule, regulation, or
    form or a motion to proceed to the consideration of such a resolution,
    is highly privileged and shall be decided without debate.
      (B) Whenever a committee of the House of Representatives reports any
    resolution relating to any such form, rule or regulation, it is at any
    time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) to move to proceed to the consideration of
    the resolution. The motion is highly privileged and is not debatable. An
    amendment to the motion is not in order, and is not in order to move to
    reconsider the vote by which the motion is agreed to or disagreed with.

                   b. internal revenue code of 1986, Sec. 9039

                                [26 U.S.C. 9039]

      Sec. 9039. * * *(c) Review of regulations
              (1) The Commission, before prescribing any rule or regulation
            under subsection (b), shall transmit a statement with respect to
            such rule or regulation to the Senate and to the House of
            Representatives, in accordance with the provisions of this
            subsection. Such statement shall set forth the proposed rule or
            regulation and shall contain a detailed explanation and
            justification of such rule or regulation.
              (2) If either such House does not, through appropriate action,
            disapprove the proposed rule or regulation set forth in such
            statement no later than 30 legislative days after receipt of
            such statement, then the Commission may prescribe such rule or
            regulation. Whenever a committee of the House of Representatives
            reports any resolution relating to any such rule or regulation,
            it is at any time thereafter in order (even though a previous
            motion to the same effect has been disagreed to) to move to
            proceed to the consideration of the resolution. The motion is
            highly privileged and is not debatable. An amendment to the
            motion is not in order, and it is not in order to move to
            reconsider the vote by which the motion is agreed to or dis

    [[Page 1243]]

            agreed to. The Commission may not prescribe any rule or
            regulation which is disapproved by either such House under this
            paragraph.
              (3) For purposes of this subsection, the term ``legislative
            days'' does not include any calendar day on which both Houses of
            the Congress are not in session.
              (4) For purposes of this subsection, the term ``rule or
            regulation'' means a provision or series of interrelated
            provisions stating a single separable rule of law.
                                                               Sec. 1130(18)

     18. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8, 9 [15
                               U.S.C. 719f, 719g]

                              congressional review

      Sec. 8. * * * (c) For purposes of this section--
              (1) continuity of session of Congress is broken only by an
            adjournment sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain are
            excluded in the computation of the 60-day calendar period.
      (d)(1) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of each House of
            Congress, respectively, and as such it is deemed a part of the
            rules of each House, respectively, but applicable only with
            respect to the procedure to be followed in that House in the
            case of resolutions described by paragraph (2) of this
            subsection; and it supersedes other rules only to the extent
            that it is inconsistent therewith; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as those rules relate
            to the procedure of that House) at any time, in the same manner
            and to the same extent as in the case of any other rule of such
            House.
      (2) For purposes of this Act, the term ``resolution'' means (A) a
    joint resolution, the resolving clause of which is as follows: ``That
    the House of Representatives and Senate approve the Presidential
    decision on an Alaska natural gas transportation system submitted to the
    Congress on ___, 19_, and find that any environmental impact statements
    prepared relative to such system and submitted with the President's
    decision are in compliance with the Natural [so in original]
    Environmental Policy Act

    [[Page 1244]]

    of 1969.''; the blank space therein shall be filled with the date on
    which the President submits his decision to the House of Representatives
    and the Senate; or (B) a joint resolution described in subsection (g) of
    this section.
      (3) A resolution once introduced with respect to a Presidential
    decision on an Alaska natural gas transportation system shall be
    referred to one or more committees (and all resolutions with respect to
    the same Presidential decision on an Alaska natural gas transportation
    system shall be referred to the same committee or committees) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.
      (4)(A) If any committee to which a resolution with respect to a
    Presidential decision on an Alaska natural gas transportation system has
    been referred has not reported it at the end of 30 calendar days after
    its referral, it shall be in order to move either to discharge such
    committee from further consideration of such resolution or to discharge
    such committee from consideration of any other resolution with respect
    to such Presidential decision on an Alaska natural gas transportation
    system which has been referred to such committee.
      (B) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same Presidential decision on an Alaska natural gas transportation
    system), and debate thereon shall be limited to not more than 1 hour, to
    be divided equally between those favoring and those opposing the
    resolution. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to.
      (C) If the motion to discharge is agreed to or disagreed to, the
    motion may not be made with respect to any other resolution with respect
    to the same Presidential decision on an Alaska natural gas
    transportation system.
      (5)(A) When any committee has reported, or has been discharged from
    further consideration of, a resolution, but in no case earlier than 30
    days after the date or receipt of the President's decision to the
    Congress, it shall be at any time thereafter in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion shall be
    highly privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it

    [[Page 1245]]

    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to.
      (B) Debate on the resolution described in subsection (d)(2)(A) shall
    be limited to not more than 10 hours and on any resolution described in
    subsection (g) to one hour. This time shall be divided equally between
    those favoring and those opposing such resolution. A motion further to
    limit debate shall not be debatable. An amendment to, or motion to
    recommit the resolution shall not be in order, and it shall not be in
    order to move to reconsider the vote by which such resolution was agreed
    to or disagreed to or, thereafter within such 60-day period, to consider
    any other resolution respecting the same Presidential decision.
      (6)(A) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of a resolution and motions to proceed
    to the consideration of other business, shall be decided without debate.
      (B) Appeals from the decision of the Chair relating to the application
    of the rules of the Senate or the House of Representatives, as the case
    may be, to the procedures relating to a resolution shall be decided
    without debate.

                                      * * *

      (g)(1) At any time after a decision designating a transportation
    system is submitted to the Congress pursuant to this section, if the
    President finds that any provision of law applicable to actions to be
    taken under subsection (a) or (c) of section 9 (15 U.S.C. 719g(a) or
    (c)) require waiver in order to permit expeditious construction and
    initial operation of the approved transportation system, the President
    may submit such proposed waiver to both Houses of Congress.
      (2) Such provision shall be waived with respect to actions to be taken
    under subsection (a) or (c) of section 9 [15 U.S.C. 719g(a) or (c)] upon
    enactment of a joint resolution pursuant to the procedures specified in
    subsection (c) and (d) of this section (other than subsection (d)(2)
    thereof) within the first period of 60 calendar days of continuous
    session of Congress beginning on the date after the date of receipt by
    the Senate and House of Representatives of such proposal.
      (3) The resolving clause of the joint resolution referred to in this
    subsection is as follows: ``That the House of Representatives and Senate
    approve the waiver of the provision of law (___) as proposed by the
    President, submitted to the Congress on ___, 19_.'' The first blank

    [[Page 1246]]

    space therein being filled with the citation to the provision of law and
    the second blank space therein being filled with the date on which the
    President submits his decision to the House of Representatives and the
    Senate.
      (4) In the case of action with respect to a joint resolution described
    in this subsection, the phrase ``a waiver of a provision of law'' shall
    be substituted in subsection (d) for the phrase ``the Alaska natural gas
    transportation system.''.

                                 authorizations

      Sec. 9. (a) To the extent that the taking of any action which is
    necessary or related to the construction and initial operation of the
    approved transportation system requires a certificate, right-of-way,
    permit, lease, or other authorization to be issued or granted by a
    Federal officer or agency, such Federal officer or agency shall--
              (1) to the fullest extent permitted by the provisions of law
            administered by such officer or agency, but
              (2) without regard to any provision of law which is waived
            pursuant to section 8(g) [15 U.S.C. 719f(g)] issue or grant such
            certificates, permits, rights-of-way, leases, and other
            authorizations at the earliest practicable date.

                                      * * *

      (c) Any certificate, right-of-way, permit, lease, or other
    authorization issued or granted pursuant to the direction under
    subsection (a) shall include the terms and conditions required by law
    unless waived pursuant to a resolution under section 8(g) [15 U.S.C.
    719f(g)], and may include terms and conditions permitted by law, except
    that with respect to terms and conditions permitted but not required,
    the Federal officer or agency, notwithstanding any such other provision
    of law, shall have no authority to include terms and conditions as would
    compel a change in the basic nature and general route of the approved
    transportation system or those the inclusion of which would otherwise
    prevent or impair in any significant respect the expeditious
    construction and initial operation of such transportation system.

      Pursuant to section 8(d)(6)(A) of this statute (15 U.S.C.
    719f(d)(6)(A)) a privileged motion to resolve into the Committee of the
    Whole to consider a joint resolution providing a waiver of law under the
    statute is subject to a nondebatable motion to postpone to a day certain
    (or indefinitely) (Dec. 8, 1981, pp. 29972, 29973).

    [[Page 1247]]

                                                               Sec. 1130(19)

              19. Crude Oil Transportation Systems [43 U.S.C. 2008]

      Sec. 508. procedures for waiver of federal law.--(a) waiver of
    provisions of federal law.--The President may identify those provisions
    of Federal law (including any law or laws regarding the location of a
    crude oil transportation system but not including any provision of the
    antitrust laws) which, in the national interest, as determined by the
    President, should be waived in whole or in part to facilitate
    construction or operation of any such system approved under section 507
    [43 U.S.C. 2007] or of the Long Beach-Midland project, and he shall
    submit any such proposed waiver to both Houses of the Congress. The
    provisions so identified shall be waived with respect to actions to be
    taken to construct or operate such system or project only upon enactment
    of a joint resolution within the first period of 60 calendar days of
    continuous session of Congress beginning on the date of receipt by the
    House of Representatives and the Senate of such proposal.
      (b) joint resolution.--The resolving clause of the joint resolution
    referred to in subsection (a) is as follows: ``That the House of
    Representatives and Senate approve the waiver of the provisions of law
    (___) as proposed by the President, submitted to the Congress on ___,
    19_.''. The first blank space therein being filled with the citation to
    the provisions of law proposed to be waived by the President and the
    second blank space therein being filled with the date on which the
    President submits his decision to wave [so in original] such provisions
    of law to the House of Representatives and the Senate. Rules and
    procedures for consideration of any such joint resolution shall be
    governed by section 8 (c) and (d) of the Alaskan Natural Gas
    Transportation Act [15 U.S.C. 719f(c) and (d)], other than paragraph (2)
    of section 8(d) [15 U.S.C. 719f(d)], except that for the purposes of
    this subsection, the phrase ``a waiver of provisions of law'' shall be
    substituted in section 8(d) [15 U.S.C. 719f(d)] each place where the
    phrase ``an Alaska natural gas transportation system'' appears.

    [[Page 1248]]

                                                               Sec. 1130(20)

      20. Alaska National Interest Lands Conservation Act, Sec. Sec. 1502,
                           1503 [16 U.S.C. 3232, 3233]

                 national need mineral activity recommendations

                                [16 U.S.C. 3232]

      Sec. 1502. (a) recommendation.--At any time after December 2, 1980,
    the President may transmit a recommendation to the Congress that mineral
    exploration, development, or extraction not permitted under this Act or
    other applicable law shall be permitted in a specified area of the lands
    referred to in section 1501 [16 U.S.C. 3231]. Notice of such transmittal
    shall be published in the Federal Register. No recommendation of the
    President under this section may be transmitted to the Congress before
    ninety days after publication in the Federal Register of notice of his
    intention to submit such recommendation.

                                      * * *

      (d) approval.--Any recommendation under this section shall take effect
    only upon enactment of a joint resolution approving such recommendation
    within the first period of one hundred and twenty calendar days of
    continuous session of Congress beginning on the date after the date of
    receipt by the Senate and House of Representatives of such
    recommendation. Any recommendation of the President submitted to
    Congress under subsection (a) shall be considered received by both
    Houses for purposes of this section on the first day on which both are
    in session occurring after such recommendation is submitted.
      (e) one-hundred-and-twenty-day computation.--For purposes of this
    section--
              (1) continuity of session of Congress is broken only by an
            adjournment sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than three days to a day certain are
            excluded in the computation of the one-hundred-and-twenty-day
            calendar period.

                         expedited congressional review

                                [16 U.S.C. 3233]

      Sec. 1503. (a) rulemaking.--This subsection is enacted by Congress--

    [[Page 1249]]

              (1) as an exercise of the rulemaking power of each House of
            Congress, respectively, and as such it is deemed a part of the
            rules of each House, respectively, but applicable only with
            respect to the procedure to be followed in the House in the case
            of resolutions described by subsection (b) of this section and
            it supersedes other rules only to the extent that it is
            inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as those relate to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of such House.
      (b) resolution.--For purposes of this section, the term ``resolution''
    means a joint resolution, the resolving clause of which is as follows:
    ``That the House of Representatives and Senate approve the
    recommendation of the President for ___ in ___ submitted to the Congress
    on ___, 19_.'', the first blank space therein to be filled in with
    appropriate activity, the second blank space therein to be filled in
    with the name or description of the area of land affected by the
    activity, and the third blank space therein to be filled with the date
    on which the President submits his recommendation to the House of
    Representatives and the Senate. Such resolution may also include
    material relating to the application and effect of the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321] to the recommendation.
      (c) referral.--A resolution once introduced with respect to such
    Presidential recommendation shall be referred to one or more committees
    (and all resolutions with respect to the same Presidential
    recommendation shall be referred to the same committee or committees) by
    the President of the Senate or the Speaker of the House of
    Representatives, as the case may be.
      (d) other procedures.--Except as otherwise provided in this section
    the provisions of section 8(d) of the Alaska Natural Gas Transportation
    Act [15 U.S.C. 719f(d)] shall apply to the consideration of the
    resolution.

    [[Page 1250]]

                                                              Sec. 1130(21A)

       21. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701]

                              a. land use planning

                                [43 U.S.C. 1712]

      Sec. 202. (a) The Secretary shall, with public involvement and
    consistent with the terms and conditions of this Act, develop, maintain,
    and, when appropriate, revise land use plans which provide by tracts or
    areas for the use of the public lands. Land use plans shall be developed
    for the public lands regardless of whether such lands previously have
    been classified, withdrawn, set aside, or otherwise designated for one
    or more uses.

                                      * * *

      (d) Any classification of public lands or any land use plan in effect
    on October 21, 1976, is subject to review in the land use planning
    process conducted under this section, and all public lands, regardless
    of classification, are subject to inclusion in any land use plan
    developed pursuant to this section. The Secretary may modify or
    terminate any such classification with such land use plans.
      (e) The Secretary may issue management decisions to implement land use
    plans developed or revised under this section in accordance with the
    following:
              (1) Such decisions, including but not limited to exclusions
            (that is, total elimination) of one or more of the principal or
            major uses made by a management decision shall remain subject to
            reconsideration, modification, and termination through revision
            by the Secretary or his delegate, under the provisions of this
            section, of the land use plan involved.
              (2) Any management decision or action pursuant to a management
            decision that excludes (that is, totally eliminates) one or more
            of the principal or major uses for two or more years with
            respect to a tract of land of one hundred thousand acres or more
            shall be reported by the Secretary to the House of
            Representatives and the Senate. If within ninety days from the
            giving of such notice (exclusive of days on which either House
            has adjourned for more than three consecutive days), the
            Congress adopts a concurrent resolution of nonapproval of the
            management decision or

    [[Page 1251]]

            action, then the management decision or action shall be promptly
            terminated by the Secretary. If the committee to which a
            resolution has been referred during the said ninety day period
            has not reported it at the end of thirty calendar days after its
            referral, it shall be in order to either discharge the committee
            from further consideration of such resolution or to discharge
            the committee from consideration of any other resolution with
            respect to the management decision or action. A motion to
            discharge may be made only by an individual favoring the
            resolution, shall be highly privileged (except that it may not
            be made after the committee has reported such a resolution), and
            debate thereon shall be limited to not more than one hour, to be
            divided equally between those favoring and those opposing the
            resolution. An amendment to the motion shall not be in order,
            and it shall not be in order to move to reconsider the vote by
            which the motion was agreed to or disagreed to. If the motion to
            discharge is agreed to or disagreed to, the motion may not be
            made with respect to any other resolution with respect to the
            same management decision or action. When the committee has
            reprinted [so in original], or has been discharged from further
            consideration of a resolution, it shall at any time thereafter
            be in order (even though a previous motion to the same effect
            has been disagreed to) to move to proceed to the consideration
            of the resolution. The motion shall be highly privileged and
            shall not be debatable. An amendment to the motion shall not be
            in order, and it shall not be in order to move to reconsider the
            vote by which the motion was agreed to or disagreed to.
                                                              Sec. 1130(21B)

                                    b. sales

                                [43 U.S.C. 1713]

      Sec. 203. * * * (c) Where a tract of the public lands in excess of two
    thousand five hundred acres has been designated for sale, such sale may
    be made only after the end of the ninety days (not counting days on
    which the House of Representatives or the Senate has adjourned for more
    than three consecutive days) beginning on the day the Secretary has
    submitted notice of such designation to the Senate and the House of
    Representatives, and then only if the Congress has not adopted a
    concurrent resolution stating that such House does not approve of such
    designa

    [[Page 1252]]

    tion. If the committee to which a resolution has been referred during
    the said ninety day period has not reported it at the end of thirty
    calendar days after its referral, it shall be in order to either
    discharge the committee from further consideration of such resolution or
    to discharge the committee from consideration of any other resolution
    with respect to the designation. A motion to discharge may be made only
    by an individual favoring the resolution, shall be highly privileged
    (except that it may not be made after the committee has reported such a
    resolution), and debate thereon shall be limited to not more than one
    hour, to be divided equally between those favoring and those opposing
    the resolution. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to. If the motion to discharge is agreed to
    or disagreed to, the motion may not be made with respect to any other
    resolution with respect to the same designation. When the committee has
    reprinted [so in original], or has been discharged from further
    consideration of a resolution, it shall at any time thereafter be in
    order (even though a previous motion to the same effect has been
    disagreed to) to move to proceed to the consideration of the resolution.
    The motion shall be highly privileged and shall not be debatable. An
    amendment to the motion shall not be in order, and it shall not be in
    order to move to reconsider the vote by which the motion was agreed to
    or disagreed to.
                                                              Sec. 1130(21C)

                                 c. withdrawals

                                [43 U.S.C. 1714]

      Sec. 204. * * * (c)(1) On and after the dates of approval of this Act
    a withdrawal aggregating five thousand acres or more may be made (or
    such a withdrawal or any other withdrawal involving the aggregate five
    thousand acres or more which terminates after such date of approval may
    be extended) only for a period of not more than twenty years by the
    Secretary on his own motion or upon request by a department or agency
    head. The Secretary shall notify both Houses of Congress of such a
    withdrawal no later than its effective date and the withdrawal shall
    terminate and become effective at the end of ninety days (not counting
    days on which the Senate or the House of Representatives has adjourned
    for more than three consecutive days) beginning on the day notice of
    such withdrawal has been submitted to the Senate and to the House of
    Representa

    [[Page 1253]]

    tives, if the Congress has adopted a concurrent resolution stating that
    such House does not approve the withdrawal. If the committee to which a
    resolution has been referred during the said ninety day period has not
    reported it at the end of thirty calendar days after its referral, it
    shall be in order to either discharge the committee from further
    consideration of such resolution or to discharge the committee from
    consideration of any other resolution with respect to the Presidential
    recommendation. A motion to discharge may be made only by an individual
    favoring the resolution, shall be highly privileged (except that it may
    not be made after the committee has reported such a resolution), and
    debate thereon shall be limited to not more than one hour, to be divided
    equally between those favoring and those opposing the resolution. An
    amendment to the motion shall not be in order, and it shall not be in
    order to move to reconsider the vote by which the motion was agreed to
    or disagreed to. If the motion to discharge is agreed to or disagreed
    to, the motion may not be made with respect to any other resolution with
    respect to the same Presidential recommendation. When the committee has
    reprinted [so in original], or has been discharged from further
    consideration of a resolution, it shall at any time thereafter be in
    order (even though a previous motion to the same effect has been
    disagreed to) to move to proceed to the consideration of the resolution.
    The motion shall be highly privileged and shall not be debatable. An
    amendment to the motion shall not be in order, and it shall not be in
    order to move to reconsider the vote by which the motion was agreed to
    or disagreed to.
                                                              Sec. 1130(21D)

                            d. review of withdrawals

                                [43 U.S.C. 1714]

      Sec. 204. * * * (l)(1) The Secretary shall, within fifteen years of
    October 21, 1976, review withdrawals existing on the date of approval of
    this Act, in the States of Arizona, California, Colorado, Idaho,
    Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming of
    (1) all Federal lands other than withdrawals of the public lands
    administered by the Bureau of Land Management and of lands which, on the
    date of approval of this Act, were part of Indian reservations and other
    Indian holdings, the National Forest System, the National Park System,
    the National Wildlife Refuge System, other lands administered by the
    Fish and Wildlife Service or the Secretary through

    [[Page 1254]]

    the Fish and Wildlife Service, the National Wild and Scenic Rivers
    System, and the National System of Trails; and (2) all public lands
    administered by the Bureau of Land Management and of lands in the
    National Forest System (except those in wilderness areas, and those
    areas formally identified as primitive or natural areas or designated as
    national recreation areas) which closed the lands to appropriation under
    the Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22) or to
    leasing under the Mineral Leasing Act of 1920 (41 Stat. 437, as amended;
    30 U.S.C. 181).
      (2) In the review required by paragraph (1) of this subsection, the
    Secretary shall determine whether, and for how long, the continuation of
    the existing withdrawal of the lands would be, in his judgment,
    consistent with the statutory objectives of the programs for which the
    lands were dedicated and of the other relevant programs. The Secretary
    shall report his recommendations to the President, together with
    statements of concurrence or nonconcurrence submitted by the heads of
    the departments or agencies which administer the lands. The President
    shall transmit this report to the President of the Senate and the
    Speaker of the House of Representatives, together with his
    recommendations for action by the Secretary, or for legislation. The
    Secretary may act to terminate withdrawals other than those made by Act
    of the Congress in accordance with the recommendations of the President
    unless before the end of ninety days (not counting days on which the
    Senate and the House of Representatives has adjourned for more than
    three consecutive days) beginning on the day the report of the President
    has been submitted to the Senate and the House of Representatives the
    Congress has adopted a concurrent resolution indicating otherwise. If
    the committee to which a resolution has been referred during the said
    ninety day period has not reported it at the end of thirty calendar days
    after its referral, it shall be in order to either discharge the
    committee from further consideration of such resolution or to discharge
    the committee from consideration of any other resolution with respect to
    the Presidential recommendation. A motion to discharge may be made only
    by an individual favoring the resolution, shall be highly privileged
    (except that it may not be made after the committee has reported such a
    resolution), and debate thereon shall be limited to not more than one
    hour, to be divided equally between those favoring and those opposing
    the resolution. An amendment to

    [[Page 1255]]

    the motion shall not be in order, and it shall not be in order to move
    to reconsider the vote by which the motion was agreed to or disagreed
    to. If the motion to discharge is agreed to or disagreed to, the motion
    may not be made with respect to any other resolution with respect to the
    same Presidential recommendation. When the committee has reprinted [so
    in original], or has been discharged from further consideration of a
    resolution, it shall at any time thereafter be in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion shall be
    highly privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed to.
                                                               Sec. 1130(22)

        22. Marine Fisheries Conservation Act, Sec. 203 [16 U.S.C. 1823]

      Sec. 203. congressional oversight of international fishery
    agreements.--(a) in general.--No governing international fishery
    agreement, bycatch reduction agreement, or Pacific Insular Area fishery
    agreement shall become effective with respect to the United States
    before the close of the first 120 days (excluding any days in a period
    for which the Congress is adjourned sine die) after the date on which
    the President transmits to the House of Representatives and to the
    Senate a document setting forth the text of such governing international
    fishery agreement, bycatch reduction agreement, or Pacific Insular Area
    fishery agreement. A copy of the document shall be delivered to each
    House of Congress on the same day and shall be delivered to the Clerk of
    the House of Representatives, if the House is not in session, and to the
    Secretary of the Senate, if the Senate is not in session.
      (b) referral to committees.--Any document described in subsection (a)
    shall be immediately referred in the House of Representatives to the
    Committee on Resources, and in the Senate to the Committees on Commerce
    and Foreign Relations.
      (c) congressional procedures.--(1) rules of the house of
    representatives and senate.--The provisions of this section are enacted
    by the Congress--
              (A) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and they are
            deemed a part of the rules of each

    [[Page 1256]]

            House, respectively, but applicable only with respect to the
            procedure to be followed in that House in the case of fishery
            agreement resolutions described in paragraph (2), and they
            supersede other rules only to the extent that they are
            inconsistent therewith; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as they relate to the
            procedure of that House) at any time, and in the same manner and
            to the same extent as in the case of any other rule of that
            House.
      (2) definition.--For purposes of this subsection, the term ``fishery
    agreement resolution'' refers to a joint resolution of either House of
    Congress--
              (A) the effect of which is to prohibit the entering into force
            and effect of any governing international fishery agreement,
            bycatch reduction agreement, or Pacific Insular Area fishery
            agreement the text of which is transmitted to the Congress
            pursuant to subsection (a); and
              (B) which is reported from the Committee on Resources of the
            House of Representatives or the Committee on Commerce or the
            Committee on Foreign Relations of the Senate, not later than 45
            days after the date on which the document described in
            subsection (a) relating to that agreement is transmitted to the
            Congress.
      (3) placement on calendar.--Any fishery agreement resolution upon
    being reported shall immediately be placed on the appropriate calendar.
      (4) floor consideration in the house.--
              (A) A motion in the House of Representatives to proceed to the
            consideration of any fishery agreement resolution shall be
            highly privileged and not debatable. An amendment to the motion
            shall not be in order, nor shall it be in order to move to
            reconsider the vote by which the motion is agreed to or
            disagreed to.
              (B) Debate in the House of Representatives on any fishery
            agreement resolution shall be limited to not more than 10 hours,
            which shall be divided equally between those favoring and those
            opposing the resolution. A motion further to limit debate shall
            not be debatable. It shall not be in order to move to recommit
            any fishery agreement resolution or to move to reconsider the
            vote by which any fishery agreement resolution is agreed to or
            disagreed to.

    [[Page 1257]]

              (C) Motions to postpone, made in the House of Representatives
            with respect to the consideration of any fishery agreement
            resolution, and motions to proceed to the consideration of other
            business, shall be decided without debate.
              (D) All appeals from the decisions of the Chair relating to
            the application of the Rules of the House of Representatives to
            the procedure relating to any fishery agreement resolution shall
            be decided without debate.
              (E) Except to the extent specifically provided in the
            preceding provisions of this subsection, consideration of any
            fishery agreement resolution shall be governed by the Rules of
            the House of Representatives applicable to other bills and
            resolutions in similar circumstances.
                                                               Sec. 1130(23)

         23. Outer Continental Shelf Lands Act, Sec. 8 [43 U.S.C. 1337]

      Sec. 8. (a)(1) The Secretary is authorized to grant to the highest
    responsible qualified bidder or bidders by competitive bidding, under
    regulations promulgated in advance, any oil and gas lease on submerged
    lands of the Outer Continental Shelf which are not covered by leases
    meeting the requirements of subsection (a) of section 6 of this Act [43
    U.S.C. 1335(a)]. * * *

                                      * * *

      (4)(A) The Secretary of Energy shall submit any bidding system
    authorized in subparagraph (H) of paragraph (1) to the Senate and House
    of Representatives. The Secretary may institute such bidding system
    unless either the Senate or the House of Representatives passes a
    resolution of disapproval within thirty days after receipt of the
    bidding system.
      (B) Subparagraphs (C) through (J) of this paragraph are enacted by
    Congress--
              (i) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but they
            are applicable only with respect to the procedures to be
            followed in that House in the case of resolutions described by
            this paragraph, and they supersede other

    [[Page 1258]]

            rules only to the extent that they are inconsistent therewith;
            and
              (ii) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner, and to
            the same extent as in the case of any other rule of that House.
      (C) A resolution disapproving a bidding system submitted pursuant to
    this paragraph shall immediately be referred to a committee (and all
    resolutions with respect to the same request shall be referred to the
    same committee) by the President of the Senate or the Speaker of the
    House of Representatives, as the case may be.
      (D) If the committee to which has been referred any resolution
    disapproving the bidding system of the Secretary has not reported the
    resolution at the end of ten calendar days after its referral, it shall
    be in order to move either to discharge the committee from further
    consideration of the resolution or to discharge the committee from
    further consideration of any other resolution with respect to the same
    bidding system which has been referred to the committee.
      (E) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same recommendation), and debate thereon shall be limited to not more
    than one hour, to be divided equally between those favoring and those
    opposing the resolution. An amendment to the motion shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to.
      (F) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same bidding system.
      (G) When the committee has reported, or has been discharged from
    further consideration of, a resolution as provided in this paragraph, it
    shall be at any time thereafter in order (even though a previous motion
    to the same effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly privileged
    and shall not be debatable. An amendment to the motion shall not be in
    order, and it shall not be in order

    [[Page 1259]]

    to move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (H) Debate on the resolution is limited to not more than two hours, to
    be divided equally between those favoring and those opposing the
    resolution. A motion further to limit debate is not debatable. An
    amendment to, or motion to recommit, the resolution is not in order, and
    it is not in order to move to reconsider the vote by which the
    resolution is agreed to or disagreed to.
      (I) Motions to postpone, made with respect to the discharge from the
    committee, or the consideration of a resolution with respect to a
    bidding system, and motions to proceed to the consideration of other
    business, shall be decided without debate.
      (J) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution with
    respect to a bidding system shall be decided without debate.
                                                              Sec. 1130(24A)

             24. Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101]

    a. high-level radioactive waste and spent nuclear fuel, Sec. Sec. 111-25

                              [42 U.S.C. 10131-45]

                  review of repository site selection, Sec. 115

                                [42 U.S.C. 10135]

      Sec. 115. (a) definition.--For purposes of this section, the term
    ``resolution of repository siting approval'' means a joint resolution of
    the Congress, the matter after the resolving clause of which is as
    follows: ``That there hereby is approved the site at ___ for a
    repository, with respect to which a notice of disapproval was submitted
    by ___ on ___''. The first blank space in such resolution shall be
    filled with the name of the geographic location of the proposed site of
    the repository to which such resolution pertains; the second blank space
    in such resolution shall be filled with the designation of the State
    Governor and legislature or Indian tribe governing body submitting the
    notice of disapproval to which such resolution per

    [[Page 1260]]

    tains; and the last blank space in such resolution shall be filled with
    the date of such submission.
      (b) state or indian tribe petitions.--The designation of a site as
    suitable for application for a construction authorization for a
    repository shall be effective at the end of the 60-day period beginning
    on the date that the President recommends such site to the Congress
    under section 114, unless the Governor and the legislature of the State
    in which such site is located, or the governing body of an Indian tribe
    on whose reservation such site is located, as the case may be, has
    submitted to the Congress a notice of disapproval under section 116 or
    118. If any such notice of disapproval has been submitted, the
    designation of such site shall not be effective except as provided under
    subsection (c).
      (c) congressional review of petitions.--If any notice of disapproval
    of a repository site designation has been submitted to the Congress
    under section 116 or 118 after a recommendation for approval of such
    site is made by the President under section 114, such site shall be
    disapproved unless, during the first period of 90 calendar days of
    continuous session of the Congress after the date of the receipt by the
    Congress of such notice of disapproval, the Congress passes a resolution
    of repository siting approval in accordance with this subsection
    approving such site, and such resolution thereafter becomes law.
      (d) procedures applicable to the senate.--[see 42 U.S.C. 10135(d)]

                                      * * *

      (e) procedures applicable to the house of representatives.--(1) The
    provisions of this section are enacted by the Congress--
              (A) as an exercise of the rulemaking power of the House of
            Representatives, and as such they are deemed a part of the rules
            of the House, but applicable only with respect to the procedure
            to be followed in the House in the case of resolutions of
            repository siting approval, and such provisions supersede other
            rules of the House only to the extent that they are inconsistent
            with such other rules; and
              (B) with full recognition of the constitutional right of the
            House to change the rules (so far as relating to the procedure
            of the House) at any time, in the same manner and to the same
            extent as in the case of any other rule of the House.

    [[Page 1261]]

      (2) Resolutions of repository siting approval shall, upon
    introduction, be immediately referred by the Speaker of the House to the
    appropriate committee or committees of the House. Any such resolution
    received from the Senate shall be held at the Speaker's table.
      (3) Upon the expiration of 60 days of continuous session after the
    introduction of the first resolution of repository siting approval with
    respect to any site, each committee to which such resolution was
    referred shall be discharged from further consideration of such
    resolution, and such resolution shall be referred to the appropriate
    calendar, unless such resolution or an identical resolution was
    previously reported by each committee to which it was referred.
      (4) It shall be in order for the Speaker to recognize a Member
    favoring a resolution to call up a resolution of repository siting
    approval after it has been on the appropriate calendar for 5 legislative
    days. When any such resolution is called up, the House shall proceed to
    its immediate consideration and the Speaker shall recognize the Member
    calling up such resolution and a Member opposed to such resolution for 2
    hours of debate in the House, to be equally divided and controlled by
    such Members. When such time has expired, the previous question shall be
    considered as ordered on the resolution to adoption without intervening
    motion. No amendment to any such resolution shall be in order, nor shall
    it be in order to move to reconsider the vote by which such resolution
    is agreed to or disagreed to.
      (5) If the House receives from the Senate a resolution of repository
    siting approval with respect to any site, then the following procedures
    shall apply:
              (A) The resolution of the Senate with respect to such site
            shall not be referred to a committee.
              (B) With respect to the resolution of the House with respect
            to such site--
                      (i) the procedure with respect to that or other
                    resolutions of the House with respect to such site shall
                    be the same as if no resolution from the Senate with
                    respect to such site had been received; but
                      (ii) on any vote on final passage of a resolution of
                    the House with respect to such site, a resolution from
                    the Senate with respect to such site where the text is
                    identical shall be automatically substituted for the
                    resolution of the House.

    [[Page 1262]]

      (f) computation of days.--For purposes of this section--
              (1) continuity of session of Congress is broken only by an
            adjournment sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain are
            excluded in the computation of the 90-day period referred to in
            subsection (c) and the 60-day period referred to in subsections
            (d) and (e).

                                      * * *

      The first time the House considered a measure under these procedures
    was to address the proposed Yucca Mountain Repository Site in the 107th
    Congress (H. J. Res. 87, May 8, 2002, p. 7145). A privileged joint
    resolution of approval called up under these procedures is subject to a
    point of order under section 425 of the Congressional Budget Act of 1974
    (relating to unfunded mandates) (May 8, 2002, p. 7145).
                                                              Sec. 1130(24B)

                  b. interim storage program, Sec. Sec. 131-37

                              [42 U.S.C. 10151-57]

            review of storage sites and state participation, Sec. 135

                                [42 U.S.C. 10155]

      Sec. 135. * * * (d) * * * (6)(A) Upon deciding to provide an aggregate
    of 300 or more metric tons of storage capacity under subsection (a)(1)
    at any one site, the Secretary shall notify the Governor and legislature
    of the State where such site is located, or the governing body of the
    Indian tribe in whose reservation such site is located, as the case may
    be, of such decision. During the 60-day period following receipt of
    notification by the Secretary of his decision to provide an aggregate of
    300 or more metric tons of storage capacity at any one site, the
    Governor or legislature of the State in which such site is located, or
    the governing body of the affected Indian tribe where such site is
    located, as the case may be, may disapprove the provision of 300 or more
    metric tons of storage capacity at the site involved and submit to the
    Congress a notice of such disapproval. A notice of disapproval shall be
    considered to be submitted to the Congress on the date of the
    transmittal of such notice of disapproval to the Speaker of the House
    and the President pro tempore of the Senate. Such notice of disapproval
    shall be accompanied by a statement of reasons explaining why the
    provision of such

    [[Page 1263]]

    storage capacity at such site was disapproved by such Governor or
    legislature or the governing body of such Indian tribe.
      (B) Unless otherwise provided by State law, the Governor or
    legislature of each State shall have authority to submit a notice of
    disapproval to the Congress under subparagraph (A). In any case in which
    State law provides for submission of any such notice of disapproval by
    any other person or entity, any reference in this subtitle to the
    Governor or legislature of such State shall be considered to refer
    instead to such other person or entity.
      (C) The authority of the Governor and legislature of each State under
    this paragraph shall not be applicable with respect to any site located
    on a reservation.
      (D) If any notice of disapproval is submitted to the Congress under
    subparagraph (A), the proposed provision of 300 or more metric tons of
    storage capacity at the site involved shall be disapproved unless,
    during the first period of 90 calendar days of continuous session of the
    Congress following the date of the receipt by the Congress of such
    notice of disapproval, the Congress passes a resolution approving such
    proposed provision of storage capacity in accordance with the procedures
    established in this paragraph and subsections (d) through (f) of section
    115 and such resolution thereafter becomes law. For purposes of this
    paragraph, the term ``resolution'' means a joint resolution of either
    House of the Congress, the matter after the resolving clause of which is
    as follows: ``That there hereby is approved the provision of 300 or more
    metric tons of spent nuclear fuel storage capacity at the site located
    at ___, with respect to which a notice of disapproval was submitted by
    ___ on ___.''. The first blank space in such resolution shall be filled
    with the geographic location of the site involved; the second blank
    space in such resolution shall be filled with the designation of the
    State Governor and legislature or affected Indian tribe governing body
    submitting the notice of disapproval involved; and the last blank space
    in such resolution shall be filled with the date of submission of such
    notice of disapproval.
      (E) For purposes of the consideration of any resolution described in
    subparagraph (D), each reference in subsections (d) and (e) of section
    115 to a resolution of repository siting approval shall be considered to
    refer to the resolution described in such subparagraph.

                                      * * *

    [[Page 1264]]

                                                              Sec. 1130(24C)

               c. monitored retrievable storage, Sec. Sec. 141-49

                         secretarial proposal, Sec. 141

                                [42 U.S.C. 10161]

      Sec. 141. * * * (b) submission of proposal by secretary.--(1) On or
    before June 1, 1985, the Secretary shall complete a detailed study of
    the need for and feasibility of, and shall submit to the Congress a
    proposal for, the construction of one or more monitored retrievable
    storage facilities for high-level radioactive waste and spent nuclear
    fuel. Each such facility shall be designed--
              (A) to accommodate spent nuclear fuel and high-level
            radioactive waste resulting from civilian nuclear activities;
              (B) to permit continuous monitoring, management, and
            maintenance of such spent fuel and waste for the foreseeable
            future;
              (C) to provide for the ready retrieval of such spent fuel and
            waste for further processing or disposal; and
              (D) to safely store such spent fuel and waste as long as may
            be necessary by maintaining such facility through appropriate
            means, including any required replacement of such facility. * *
            *

                                      * * *

      (h) participation of states and indian tribes.--Any facility
    authorized pursuant to this section shall be subject to the provisions
    of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of
    carrying out the provisions of this subsection, any reference in
    sections 115 through 118 to a repository shall be considered to refer to
    a monitored retrievable storage facility.

                            site selection, Sec. 145

                                [42 U.S.C. 10165]

      Sec. 145. (a) in general.--The Secretary may select the site evaluated
    under section 144 that the Secretary determines on the basis of
    available information to be the most suitable for a monitored
    retrievable storage facility that is an integral part of the system for
    the disposal of spent nuclear fuel and high-level radioactive waste
    established under this Act.

    [[Page 1265]]

                                      * * *

                         notice of disapproval, Sec. 146

                                [42 U.S.C. 10166]

      Sec. 146. (a) in general.--The selection of a site under section 145
    shall be effective at the end of the period of 60 calendar days
    beginning on the date of notification under such subsection, unless the
    governing body of the Indian tribe on whose reservation such site is
    located, or, if the site is not on a reservation, the Governor and the
    legislature of the State in which the site is located, has submitted to
    Congress a notice of disapproval with respect to such site. If any such
    notice of disapproval has been submitted under this subsection, the
    selection of the site under section 145 shall not be effective except as
    provided under section 115(c).
      (b) references.--For purposes of carrying out the provisions of this
    subsection, references in section 115(c) to a repository shall be
    considered to refer to a monitored retrievable storage facility and
    references to a notice of disapproval of a repository site designation
    under section 116(b) or 118(a) shall be considered to refer to a notice
    of disapproval under this section.
                                                              Sec. 1130(25A)

                    25. Defense Base Closure and Realignment

      a. defense base closure and realignment act of 1990, Sec. Sec. 2903,
                                   2904, 2908

                              [10 U.S.C. 2687 note]

          closure and realignment of military installations, Sec. 2904

      Sec. 2904. * * * (b) congressional disapproval.--(1) The Secretary may
    not carry out any closure or realignment recommended by the Commission
    in a report transmitted from the President pursuant to section 2903(e)
    if a joint resolution is enacted, in accordance with the provisions of
    section 2908, disapproving such recommendations of the Commission before
    the earlier of--
              (A) the end of the 45-day period beginning on the date on
            which the President transmits such report; or
              (B) the adjournment of Congress sine die for the session
            during which such report is transmitted.

    [[Page 1266]]

      (2) For purposes of paragraph (1) of this subsection and subsections
    (a) and (c) of section 2908, the days on which either House of Congress
    is not in session because of an adjournment of more than three days to a
    day certain shall be excluded in the computation of a period.

                                      * * *

           congressional consideration of commission report, Sec. 2908

      Sec. 2908. (a) terms of the resolution.--For purposes of section
    2904(b), the term ``joint resolution'' means only a joint resolution
    which is introduced within the 10-day period beginning on the date on
    which the President transmits the report to the Congress under section
    2903(e), and--
              (1) which does not have a preamble;
              (2) the matter after the resolving clause of which is as
            follows: ``That Congress disapproves the recommendations of the
            Defense Base Closure and Realignment Commission as submitted by
            the President on ___'', the blank space being filled in with the
            appropriate date; and
              (3) the title of which is as follows: ``Joint resolution
            disapproving the recommendations of the Defense Base Closure and
            Realignment Commission.''.
      (b) referral.--A resolution described in subsection (a) that is
    introduced in the House of Representatives shall be referred to the
    Committee on Armed Services of the House of Representatives. A
    resolution described in subsection (a) introduced in the Senate shall be
    referred to the Committee on Armed Services of the Senate.
      (c) discharge.--If the committee to which a resolution described in
    subsection (a) is referred has not reported such resolution (or an
    identical resolution) by the end of the 20-day period beginning on the
    date on which the President transmits the report to the Congress under
    section 2903(e), such committee shall be, at the end of such period,
    discharged from further consideration of such resolution, and such
    resolution shall be placed on the appropriate calendar of the House
    involved.
      (d) consideration.--(1) On or after the third day after the date on
    which the committee to which such a resolution is referred has reported,
    or has been discharged (under subsection (c)) from further consideration
    of, such

    [[Page 1267]]

    a resolution, it is in order (even though a previous motion to the same
    effect has been disagreed to) for any Member of the respective House to
    move to proceed to the consideration of the resolution. A Member may
    make the motion only on the day after the calendar day on which the
    Member announces to the House concerned the Member's intention to make
    the motion, except that, in the case of the House of Representatives,
    the motion may be made without such prior announcement if the motion is
    made by direction of the committee to which the resolution was referred.
    All points of order against the resolution (and against consideration of
    the resolution) are waived. The motion is highly privileged in the House
    of Representatives and is privileged in the Senate and is not debatable.
    The motion is not subject to amendment, or to a motion to postpone, or
    to a motion to proceed to the consideration of other business. A motion
    to reconsider the vote by which the motion is agreed to or disagreed to
    shall not be in order. If a motion to proceed to the consideration of
    the resolution is agreed to, the respective House shall immediately
    proceed to consideration of the joint resolution without intervening
    motion, order, or other business, and the resolution shall remain the
    unfinished business of the respective House until disposed of.
      (2) Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than 2 hours,
    which shall be divided equally between those favoring and those opposing
    the resolution. An amendment to the resolution is not in order. A motion
    further to limit debate is in order and not debatable. A motion to
    postpone, or a motion to proceed to the consideration of other business,
    or a motion to recommit the resolution is not in order. A motion to
    reconsider the vote by which the resolution is agreed to or disagreed to
    is not in order.
      (3) Immediately following the conclusion of the debate on a resolution
    described in subsection (a) and a single quorum call at the conclusion
    of the debate if requested in accordance with the rules of the
    appropriate House, the vote on final passage of the resolution shall
    occur.
      (4) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution described
    in subsection (a) shall be decided without debate.

    [[Page 1268]]

      (e) consideration by other house.--(1) If, before the passage by one
    House of a resolution of that House described in subsection (a), that
    House receives from the other House a resolution described in subsection
    (a), then the following procedures shall apply:
              (A) The resolution of the other House shall not be referred to
            a committee and may not be considered in the House receiving it
            except in the case of final passage as provided in subparagraph
            (B)(ii).
              (B) With respect to a resolution described in subsection (a)
            of the House receiving the resolution--
                      (i) the procedure in that House shall be the same as
                    if no resolution had been received from the other House;
                    but
                      (ii) the vote on final passage shall be on the
                    resolution of the other House.
      (2) Upon disposition of the resolution received from the other House,
    it shall no longer be in order to consider the resolution that
    originated in the receiving House.
      (f) rules of the senate and house.--This section is enacted by
    Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            House of Representatives, respectively, and as such it is deemed
            a part of the rules of each House, respectively, but applicable
            only with respect to the procedure to be followed in that House
            in the case of a resolution described in subsection (a), and it
            supersedes other rules only to the extent that it is
            inconsistent with such rules; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner, and to
            the same extent as in the case of any other rule of that House.

                                      * * *

      The House has considered joint resolutions pursuant to this section in
    the full House by special rule (July 30, 1991, p. 20315) and by
    unanimous consent (Sept. 8, 1995, p. 24129), and in the Committee of the
    Whole by motion (Oct. 27, 2005, p. 23979), in which case the Committee
    rose without motion at the conclusion of debate and the question on
    passage was put without intervening motion. Managers in the Committee of
    the Whole yielded control of portions of their time by unanimous consent
    (Oct. 27, 2005, p. 23979). The manager calling up a joint resolution
    pursuant to this section is entitled to close debate thereon (even when
    opposed, as in the case of a joint resolution reported adversely) (Oct.
    27, 2005, p. 23993).

    [[Page 1269]]

     The House by special rule restricted the availability of the motion to
    proceed to consider a joint resolution pursuant to this section (Sept.
    29, 2005, p. 21786). Because the Commission has not submitted a report
    pursuant to the statute since 2005, these procedures have been truncated
    in this compilation.
                                                              Sec. 1130(25B)

        b. emergency supplemental appropriations and rescissions for the
    department of defense to preserve and enhance military readiness act of
                                 1994, Sec. 112

                        [P.L. 104-6; 10 U.S.C. 2687 note]

                  department of defense--military construction

      Sec. 112. None of the funds made available to the Department of
    Defense for any fiscal year for military construction or family housing
    may be obligated to initiate construction projects upon enactment of
    this Act for any project on an installation that--
              (1) was included in the closure and realignment
            recommendations submitted by the Secretary of Defense to the
            Base Closure and Realignment Commission on February 28, 1995,
            unless removed by the Base Closure and Realignment Commission,
            or
              (2) is included in the closure and realignment recommendation
            as submitted to Congress in 1995 in accordance with the Defense
            Base Closure and Realignment Act of 1990, as amended (Public Law
            101-510):
    Provided, That the prohibition on obligation of funds for projects
    located on an installation cited for realignment are only to be in
    effect if the function or activity with which the project is associated
    will be transferred from the installation as a result of the
    realignment: Provided further, That this provision will remain in effect
    unless the Congress enacts a Joint Resolution of Disapproval in
    accordance with the Defense Base Closure and Realignment Act of 1990, as
    amended (Public Law 101-510).
                                                               Sec. 1130(26)

     26. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]

      Sec. 304. substantive regulations.
      (a) regulations.--

              (1) in general.--The procedures applicable to the regulations
            of the Board issued for the implementa

    [[Page 1270]]

            tion of this Act, which shall include regulations the Board is
            required to issue under title II (including regulations on the
            appropriate application of exemptions under the laws made
            applicable in title II) are prescribed in this section.
              (2) rulemaking procedure.--Such regulations of the Board--
                      (A) shall be adopted, approved, and issued in
                    accordance with subsection (b); and
                      (B) shall consist of 3 separate bodies of regulations,
                    which shall apply, respectively, to--

      (i) the Senate and Employees of the Senate;

      (ii) the House of Representatives and employees of the House of
    Representatives; and

      (iii) all other covered employees and employing offices.

      (b) adoption by the board.--The Board shall adopt the regulations
    referred to in subsection (a)(1) in accordance with the principles and
    procedures set forth in section 553 of title 5, United States Code, and
    as provided in the following provisions of this subsection:
              (1) proposal.--The Board shall publish a general notice of
            proposed rulemaking under section 553(b) of title 5, United
            States Code, but, instead of publication of a general notice of
            proposed rulemaking in the Federal Register, the Board shall
            transmit such notice to the Speaker of the House of
            Representatives and the President pro tempore of the Senate for
            publication in the Congressional Record on the first day on
            which both Houses are in session following such transmittal.
            Such notice shall set forth the recommendations of the Deputy
            Director for the Senate in regard to regulations under
            subsection (a)(2)(B)(i), the recommendations of the Deputy
            Director for the House of Representatives in regard to
            regulations under subsection (a)(2)(B)(ii), and the
            recommendations of the Executive Director for regulations under
            subsection (a)(2)(B)(iii).
              (2) comment.--Before adopting regulations, the Board shall
            provide a comment period of at least 30 days after publication
            of a general notice of proposed rulemaking.
              (3) adoption.--After considering comments, the Board shall
            adopt regulations and shall transmit notice of such action
            together with a copy of such regulations to the Speaker of the
            House of Representatives

    [[Page 1271]]

            and the President pro tempore of the Senate for publication in
            the Congressional Record on the first day on which both Houses
            are in session following such transmittal.
              (4) recommendation as to method of approval.--The Board shall
            include a recommendation in the general notice of proposed
            rulemaking and in the regulations as to whether the regulations
            should be approved by resolution of the Senate, by resolution of
            the House of Representatives, by concurrent resolution, or by
            joint resolution.
      (c) approval of regulations.--
              (1) in general.--Regulations referred to in paragraph
            (2)(B)(i) of subsection (a) may be approved by the Senate by
            resolution or by the Congress by concurrent resolution or by
            joint resolution. Regulations referred to in paragraph
            (2)(B)(ii) of subsection (a) may be approved by the House of
            Representatives by resolution or by the Congress by concurrent
            resolution or by joint resolution. Regulations referred to in
            paragraph (2)(B)(iii) may be approved by Congress by concurrent
            resolution or by joint resolution.
              (2) referral.--Upon receipt of a notice of adoption of
            regulations under subsection (b)(3), the presiding officers of
            the House of Representatives and the Senate shall refer such
            notice, together with a copy of such regulations, to the
            appropriate committee or committees of the House of
            Representatives and of the Senate. The purpose of the referral
            shall be to consider whether such regulations should be
            approved, and, if so, whether such approval should be by
            resolution of the House of Representatives or of the Senate, by
            concurrent resolution or by joint resolution.
              (3) joint referral and discharge in the senate.--The presiding
            officer of the Senate may refer the notice of issuance of
            regulations, or any resolution of approval of regulations, to
            one committee or jointly to more than one committee. If a
            committee of the Senate acts to report a jointly referred
            measure, any other committee of the Senate must act within 30
            calendar days of continuous session, or be automatically
            discharged.
              (4) one-house resolution or concurrent resolution.--In the
            case of a resolution of the House of Representatives or the
            Senate or a concurrent resolution referred to in paragraph (1),
            the matter after the

    [[Page 1272]]

            resolving clause shall be the following: ``The following
            regulations issued by the Office of Compliance on ___ are hereby
            approved:'' (the blank space being appropriately filled in, and
            the text of the regulations being set forth).
              (5) joint resolution.--In the case of joint resolution
            referred to in paragraph (1), the matter after the resolving
            clause shall be the following: ``The following regulations
            issued by the Office of Compliance on ___ are hereby approved
            and shall have the force and effect of law:'' (the blank space
            being appropriately filled in, and the text of the regulations
            being set forth).
      (d) issuance and effective date.--
              (1) publication.--After approval of regulations under
            subsection (c), the Board shall submit the regulations to the
            Speaker of the House of Representatives and the President pro
            tempore of the Senate for publication in the Congressional
            Record on the first day on which both Houses are in session
            following such transmittal.
              (2) date of issuance.--The date of issuance of regulations
            shall be the date on which they are published in the
            Congressional Record under paragraph (1).
              (3) effective date.--Regulations shall become effective not
            less than 60 days after the regulations are issued, except that
            the Board may provide for an earlier effective date for good
            cause found (within the meaning of section 553(d)(3) of title 5,
            United States Code) and published with the regulation.
      (e) amendment of regulations.--Regulations may be amended in the same
    manner as is described in this section for the adoption, approval, and
    issuance of regulations, except that the Board may, in its discretion,
    dispense with publications of a general notice of proposed rulemaking of
    minor, technical, or urgent amendments that satisfy the criteria for
    dispensing with publication of such notice pursuant to section 553(b)(B)
    of title 5, United States Code.

                                      * * *

      In the 104th Congress the House agreed to a concurrent resolution
    approving with changes regulations promulgated by the Office of
    Compliance under this provision (S. Con. Res. 51, Apr. 15, 1996, p.
    7515). On December 19, 1995, the House agreed to a resolution and a
    concurrent resolution

    [[Page 1273]]

    providing ``provisional'' approval of regulations not yet promulgated
    (H. Res. 311, p. 37590; H. Con. Res. 123, p. 37632).
                                                               Sec. 1130(27)

      27. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996,
                          Sec. 204(e) [22 U.S.C. 6064]

      Sec. 204. termination of the economic embargo of cuba.

      (a) presidential actions.--Upon submitting a determination to the
    appropriate congressional committees under section 203(c)(1) that a
    transition government in Cuba is in power, the President, after
    consultation with the Congress, is authorized to take steps to suspend
    the economic embargo of Cuba and to suspend the right of action created
    in section 302 [22 U.S.C. 6082] with respect to actions thereafter filed
    against the Cuban Government, to the extent that such steps contribute
    to a stable foundation for a democratically elected government in Cuba.

                                      * * *

      (e) review of suspension of economic embargo.--
              (1)  review.--If the President takes action under subsection
            (a) to suspend the economic embargo of Cuba, the President shall
            immediately so notify the Congress. The President shall report
            to the Congress no less frequently than every 6 months
            thereafter, until he submits a determination under section
            203(c)(3) that a democratically elected government in Cuba is in
            power, on the progress being made by Cuba toward the
            establishment of such a democratically elected government. The
            action of the President under subsection (a) shall cease to be
            effective upon the enactment of a joint resolution described in
            paragraph (2).
              (2)  joint resolutions.--For purposes of this subsection, the
            term ``joint resolution'' means only a joint resolution of the 2
            Houses of Congress, the matter after the resolving clause of
            which is as follows: ``That the Congress disapproves the action
            of the President under section 204(a) of the Cuban Liberty and
            Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the
            economic embargo of Cuba, notice of which was submitted to the
            Congress on ___.'', with the blank space being filled with the
            appropriate date.

    [[Page 1274]]

              (3) referral to committees.--Joint resolutions introduced in
            the House of Representatives shall be referred to the Committee
            on International Relations and joint resolutions introduced in
            the Senate shall be referred to the Committee on Foreign
            Relations.
              (4) procedures.--(A) Any joint resolution shall be considered
            in the Senate in accordance with the provisions of section
            601(b) of the International Security Assistance and Arms Export
            Control Act of 1976.
              (B) For the purpose of expediting the consideration and
            enactment of joint resolutions, a motion to proceed to the
            consideration of any joint resolution after it has been reported
            by the appropriate committee shall be treated as highly
            privileged in the House of Representatives.
              (C) Not more than 1 joint resolution may be considered in the
            House of Representatives and the Senate in the 6-month period
            beginning on the date on which the President notifies the
            Congress under paragraph (1) of the action taken under
            subsection (a), and in each 6-month period thereafter.
                                                               Sec. 1130(28)

     28. Congressional Review of Agency Rulemaking [5 U.S.C. 801, 802, 804]

      The following excerpts of chapter 8 of title 5, United States Code, do
    not contain privileged procedures for the consideration of a measure in
    the House. They are depicted here because they constitute Rules of the
    House and potentially affect the legislative process. Detailed
    procedures for the consideration in the Senate of a joint resolution
    disapproving an agency rule may be found in the statute (5 U.S.C. 802).

      Sec. 801. congressional review.

      (a)(1)(A) Before a rule can take effect, the Federal agency
    promulgating such rule shall submit to each House of the Congress and to
    the Comptroller General a report containing--
              (i) a copy of the rule;
              (ii) a concise general statement relating to the rule,
            including whether it is a major rule; and
              (iii) the proposed effective date of the rule.
      (B) On the date of the submission of the report under subparagraph
    (A), the Federal agency promulgating the rule shall submit to the
    Comptroller General and make available to each House of Congress--

    [[Page 1275]]

              (i) a complete copy of the cost-benefit analysis of the rule,
            if any;
              (ii) the agency's actions relevant to sections 603, 604, 605,
            607, and 609;
              (iii) the agency's actions relevant to sections 202, 203, 204,
            and 205 of the Unfunded Mandates Reform Act of 1995 [2 U.S.C.
            1532-35]; and
              (iv) any other relevant information or requirements under any
            other Act and any relevant Executive orders.
      (C) Upon receipt of a report submitted under subparagraph (A), each
    House shall provide copies of the report to the chairman and ranking
    member of each standing committee with jurisdiction under the rules of
    the House of Representatives or the Senate to report a bill to amend the
    provision of law under which the rule is issued.
      (2)(A) The Comptroller General shall provide a report on each major
    rule to the committees of jurisdiction in each House of the Congress by
    the end of 15 calendar days after the submission or publication date as
    provided in section 802(b)(2). The report of the Comptroller General
    shall include an assessment of the agency's compliance with procedural
    steps required by paragraph (1)(B).
      (B) Federal agencies shall cooperate with the Comptroller General by
    providing information relevant to the Comptroller General's report under
    subparagraph (A).
      (3) A major rule relating to a report submitted under paragraph (1)
    shall take effect on the latest of--
              (A) the later of the date occurring 60 days after the date on
            which--
                      (i) the Congress receives the report submitted under
                    paragraph (1); or
                      (ii) the rule is published in the Federal Register, if
                    so published;
              (B) if the Congress passes a joint resolution of disapproval
            described in section 802 relating to the rule, and the President
            signs a veto of such resolution, the earlier date--
                      (i) on which either House of Congress votes and fails
                    to override the veto of the President; or
                      (ii) occurring 30 session days after the date on which
                    the Congress received the veto and objections of the
                    President; or
              (C) the date the rule would have otherwise taken effect, if
            not for this section (unless a joint resolution of disapproval
            under section 802 is enacted).

    [[Page 1276]]

      (4) Except for a major rule, a rule shall take effect as otherwise
    provided by law after submission to Congress under paragraph (1).
      (5) Notwithstanding paragraph (3), the effective date of a rule shall
    not be delayed by operation of this chapter beyond the date on which
    either House of Congress votes to reject a joint resolution of
    disapproval under section 802.
      (b)(1) A rule shall not take effect (or continue), if the Congress
    enacts a joint resolution of disapproval, described under section 802,
    of the rule.
      (2) A rule that does not take effect (or does not continue) under
    paragraph (1) may not be reissued in substantially the same form, and a
    new rule that is substantially the same as such a rule may not be
    issued, unless the reissued or new rule is specifically authorized by a
    law enacted after the date of the joint resolution disapproving the
    original rule.
      (c)(1) Notwithstanding any other provision of this section (except
    subject to paragraph (3)), a rule that would not take effect by reason
    of subsection (a)(3) may take effect, if the President makes a
    determination under paragraph (2) and submits written notice of such
    determination to the Congress.
      (2) Paragraph (1) applies to a determination made by the President by
    Executive order that the rule should take effect because such rule is--
              (A) necessary because of an imminent threat to health or
            safety or other emergency;
              (B) necessary for the enforcement of criminal laws;
              (C) necessary for national security; or
              (D) issued pursuant to any statute implementing an
            international trade agreement.
      (3) An exercise by the President of the authority under this
    subsection shall have no effect on the procedures under section 802 or
    the effect of a joint resolution of disapproval under this section.
      (d)(1) In addition to the opportunity for review otherwise provided
    under this chapter, in the case of any rule for which a report was
    submitted in accordance with subsection (a)(1)(A) during the period
    beginning on the date occurring--
              (A) in the case of the Senate, 60 session days, or
              (B) in the case of the House of Representatives, 60
            legislative days,
    before the date the Congress adjourns a session of Congress through the
    date on which the same or succeeding

    [[Page 1277]]

    Congress first convenes its next session, section 802 shall apply to
    such rule in the succeeding session of Congress.
      (2)(A) In applying section 802 for purposes of such additional review,
    a rule described under paragraph (1) shall be treated as though--
              (i) such rule were published in the Federal Register (as a
            rule that shall take effect) on--
                      (I) in the case of the Senate, the 15th session day,
                    or
                      (II) in the case of the House of Representatives, the
                    15th legislative day,
            after the succeeding session of Congress first convenes; and
              (ii) a report on such rule were submitted to Congress under
            subsection (a)(1) on such date.
      (B) Nothing in this paragraph shall be construed to affect the
    requirement under subsection (a)(1) that a report shall be submitted to
    Congress before a rule can take effect.
      (3) A rule described under paragraph (1) shall take effect as
    otherwise provided by law (including other subsections of this section).

                                      * * *

      (f) Any rule that takes effect and later is made of no force or effect
    by enactment of a joint resolution under section 802 shall be treated as
    though such rule had never taken effect.
      (g) If the Congress does not enact a joint resolution of disapproval
    under section 802 respecting a rule, no court or agency may infer any
    intent of the Congress from any action or inaction of the Congress with
    regard to such rule, related statute, or joint resolution of
    disapproval.

      Sec. 802. congressional disapproval procedure.

      (a) For purposes of this section, the term ``joint resolution'' means
    only a joint resolution introduced in the period beginning on the date
    on which the report referred to in section 801(a)(1)(A) is received by
    Congress and ending 60 days thereafter (excluding days either House of
    Congress is adjourned for more than 3 days during a session of
    Congress), the matter after the resolving clause of which is as follows:
    ``That Congress disapproves the rule submitted by the ___ relating to
    ___, and such rule shall have no force or effect.'' (The blank spaces
    being appropriately filled in).

    [[Page 1278]]

      (b)(1) A joint resolution described in subsection (a) shall be
    referred to the committees in each House of Congress with jurisdiction.
      (2) For purposes of this section, the term ``submission or publication
    date'' means the later of the date on which--
              (A) the Congress receives the report submitted under section
            801(a)(1); or
              (B) the rule is published in the Federal Register, if so
            published.

                                      * * *

      (f) If, before the passage by one House of a joint resolution of that
    House described in subsection (a), that House receives from the other
    House a joint resolution described in subsection (a), then the following
    procedures shall apply:
              (1) The joint resolution of the other House shall not be
            referred to a committee.
              (2) With respect to a joint resolution described in subsection
            (a) of the House receiving the joint resolution--
                      (A) the procedure in that House shall be the same as
                    if no joint resolution had been received from the other
                    House; but
                      (B) the vote on final passage shall be on the joint
                    resolution of the other House.

                                      * * *

      Sec. 804. definitions.

      For purposes of this chapter--
              (1) The term ``Federal agency'' means any agency as that term
            is defined in section 551(1).
              (2) The term ``major rule'' means any rule that the
            Administrator of the Office of Information and Regulatory
            Affairs of the Office of Management and Budget finds has
            resulted in or is likely to result in--
                      (A) an annual effect on the economy of $100,000,000 or
                    more;
                      (B) a major increase in costs or prices for consumers,
                    individual industries, Federal, State, or local
                    government agencies, or geographic regions; or
                      (C) significant adverse effects on competition,
                    employment, investment, productivity, innovation, or on
                    the ability of United States-based enter

    [[Page 1279]]

                    prises to compete with foreign-based enterprises in
                    domestic and export markets.
            The term does not include any rule promulgated under the
            Telecommunications Act of 1996 and the amendments made by that
            Act.
              (3) The term ``rule'' has the meaning given such term in
            section 551, except that such term does not include--
                      (A) any rule of particular applicability, including a
                    rule that approves or prescribes for the future rates,
                    wages, prices, services, or allowances therefor,
                    corporate or financial structures, reorganizations,
                    mergers, or acquisitions thereof, or accounting
                    practices or disclosures bearing on any of the
                    foregoing;
                      (B) any rule relating to agency management or
                    personnel; or
                      (C) any rule of agency organization, procedure, or
                    practice that does not substantially affect the rights
                    or obligations of non-agency parties.

                                      * * *

      In compliance with the requirement of the Act that ``major'' final
    regulations submitted later than a certain number of days before the end
    of a legislative session be treated as though received on a legislative
    day certain in the next session, the Congressional Record of that
    subsequent legislative day contained a notice of the resubmission of all
    such ``grandfathered'' regulations (e.g., Mar. 1, 2000, p. 1851; Mar. 4,
    2002, p. 2354).
                                                               Sec. 1130(29)

    29. Balanced Budget and Emergency Deficit Control Act [2 U.S.C. 904(i),
                                   907a-907c]

      These excerpts are provided for quick reference. They include the
    provisions of the Act that relate directly to House procedure. Sections
    258-258C primarily provide for reporting and consideration of
    legislation in the Senate; therefore, only portions of those sections
    are carried here.

    SEC. 254. REPORTS AND ORDERS.
    * * * * *
      (i) Low-Growth Report.--At any time, CBO shall notify the Congress
    if--
              (1) during the period consisting of the quarter during which
            such notification is given, the quarter preceding such
            notification and the 4 quarters following

    [[Page 1280]]

            such notification, CBO or OMB has determined that real economic
            growth is projected or estimated to be less than zero with
            respect to each of any 2 consecutive quarters within such
            period; or
              (2) the most recent of the Department of Commerce's advance
            preliminary or final reports of actual real economic growth
            indicate that the rate of real economic growth for each of the
            most recently reported quarter and the immediately preceding
            quarter is less than one percent.

    * * * * *
    SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
      (a) Procedures in the Event of a Low-Growth Report.--
              (1) Trigger.--Whenever CBO issues a low-growth report under
            section 254(i), the Majority Leader of the House of
            Representatives may, and the Majority Leader of the Senate
            shall, introduce a joint resolution (in the form set forth in
            paragraph (2)) declaring that the conditions specified in
            section 254(i) are met and suspending the relevant provisions of
            this title, titles III and VI of the Congressional Budget Act of
            1974, and section 1103 of title 31, United States Code.
              (2) Form of joint resolution.--
                      (A) The matter after the resolving clause in any joint
                    resolution introduced pursuant to paragraph (1) shall be
                    as follows: ``That the Congress declares that the
                    conditions specified in section 254(j) of the Balanced
                    Budget and Emergency Deficit Control Act of 1985 are
                    met, and the implementation of the Congressional Budget
                    and Impoundment Control Act of 1974, chapter 11 of title
                    31, United States Code, and part C of the Balanced
                    Budget and Emergency Deficit Control Act of 1985 are
                    modified as described in section 258(b) of the Balanced
                    Budget and Emergency Deficit Control Act of 1985.''.
                      (B) The title of the joint resolution shall be ``Joint
                    resolution suspending certain provisions of law pursuant
                    to section 258(a)(2) of the Balanced Budget and
                    Emergency Deficit Control Act of 1985.''; and the joint
                    resolution shall not contain any preamble.

    [[Page 1281]]

              (3) Committee action.--Each joint resolution introduced
            pursuant to paragraph (1) shall be referred to the appropriate
            committees of the House of Representatives or the Committee on
            the Budget of the Senate, as the case may be; and such Committee
            shall report the joint resolution to its House without amendment
            on or before the fifth day on which such House is in session
            after the date on which the joint resolution is introduced. If
            the Committee fails to report the joint resolution within the
            five-day period referred to in the preceding sentence, it shall
            be automatically discharged from further consideration of the
            joint resolution, and the joint resolution shall be placed on
            the appropriate calendar.
              (4) Consideration of joint resolution.--(A) A vote on final
            passage of a joint resolution reported to the Senate or
            discharged pursuant to paragraph (3) shall be taken on or before
            the close of the fifth calendar day of session after the date on
            which the joint resolution is reported or after the Committee
            has been discharged from further consideration of the joint
            resolution. If prior to the passage by one House of a joint
            resolution of that House, that House receives the same joint
            resolution from the other House, then--
                      (i) the procedure in that House shall be the same as
                    if no such joint resolution had been received from the
                    other House, but
                      (ii) the vote on final passage shall be on the joint
                    resolution of the other House.
            When the joint resolution is agreed to, the Clerk of the House
            of Representatives (in the case of a House joint resolution
            agreed to in the House of Representatives) or the Secretary of
            the Senate (in the case of a Senate joint resolution agreed to
            in the Senate) shall cause the joint resolution to be engrossed,
            certified, and transmitted to the other House of the Congress as
            soon as practicable.
    * * * * *

      (b) Suspension of Sequestration Procedures.--Upon the enactment of a
    declaration of war or a joint resolution described in subsection (a)--
              (1) the subsequent issuance of any sequestration report or any
            sequestration order is precluded;
              (2) sections 302(f), 310(d), 311(a), and title VI of the
            Congressional Budget Act of 1974 are suspended; and

    [[Page 1282]]

              (3) section 1103 of title 31, United States Code, is
            suspended.

      (c) Restoration of Sequestration Procedures.--(1) In the event of a
    suspension of sequestration procedures due to a declaration of war,
    then, effective with the first fiscal year that begins in the session
    after the state of war is concluded by Senate ratification of the
    necessary treaties, the provisions of subsection (b) triggered by that
    declaration of war are no longer effective.
      (2) In the event of a suspension of sequestration procedures due to
    the enactment of a joint resolution described in subsection (a), then,
    effective with regard to the first fiscal year beginning at least 12
    months after the enactment of that resolution, the provisions of
    subsection (b) triggered by that resolution are no longer effective.

    SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.
      (a) Introduction of Joint Resolution.--At any time after the Director
    of OMB issues a final sequestration report under section 254 for a
    fiscal year, but before the close of the twentieth calendar day of the
    session of Congress beginning after the date of issuance of such report,
    the majority leader of either House of Congress may introduce a joint
    resolution which contains provisions directing the President to modify
    the most recent order issued under section 254 or provide an alternative
    to reduce the deficit for such fiscal year. After the introduction of
    the first such joint resolution in either House of Congress in any
    calendar year, then no other joint resolution introduced in such House
    in such calendar year shall be subject to the procedures set forth in
    this section.

      (b) Procedures for Consideration of Joint Resolutions.--
    * * * * *

              (7) Resolution from other house.--If, before the passage by
            the Senate of a joint resolution of the Senate introduced under
            subsection (a), the Senate receives from the House of
            Representatives a joint resolution introduced under subsection
            (a), then the following procedures shall apply:
                      (A) The joint resolution of the House of
                    Representatives shall not be referred to a committee and
                    shall be placed on the calendar.

    [[Page 1283]]

                      (B) With respect to a joint resolution introduced
                    under subsection (a) in the Senate--
                            (i) the procedure in the Senate shall be the
                        same as if no joint resolution had been received
                        from the House; but
                            (ii)(I) the vote on final passage shall be on
                        the joint resolution of the House if it is identical
                        to the joint resolution then pending for passage in
                        the Senate; or
                            (II) if the joint resolution from the House is
                        not identical to the joint resolution then pending
                        for passage in the Senate and the Senate then passes
                        the Senate joint resolution, the Senate shall be
                        considered to have passed the House joint resolution
                        as amended by the text of the Senate joint
                        resolution.
                      (C) Upon disposition of the joint resolution received
                    from the House, it shall no longer be in order to
                    consider the resolution originated in the Senate.
              (8) Senate action on house resolution.--If the Senate receives
            from the House of Representatives a joint resolution introduced
            under subsection (a) after the Senate has disposed of a Senate
            originated resolution which is identical to the House passed
            joint resolution, the action of the Senate with regard to the
            disposition of the Senate originated joint resolution shall be
            deemed to be the action of the Senate with regard to the House
            originated joint resolution. If it is not identical to the House
            passed joint resolution, then the Senate shall be considered to
            have passed the joint resolution of the House as amended by the
            text of the Senate joint resolution.

    SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
      (a) Subject to subsections (b), (c), and (d), new budget authority and
    unobligated balances for any programs, projects, or activities within
    major functional category 050 (other than a military personnel account)
    may be further reduced beyond the amount specified in an order issued by
    the President under section 254 for such fiscal year. To the extent such
    additional reductions are made and result in additional outlay
    reductions, the President may provide for lesser reductions in new
    budget authority and unobligated balances for other programs, projects,
    or activities

    [[Page 1284]]

    within major functional category 050 for such fiscal year, but only to
    the extent that the resulting outlay increases do not exceed the
    additional outlay reductions, and no such program, project, or activity
    may be increased above the level actually made available by law in
    appropriation Acts (before taking sequestration into account). In making
    calculations under this subsection, the President shall use account
    outlay rates that are identical to those used in the report by the
    Director of OMB under section 254.

      (b) No actions taken by the President under subsection (a) for a
    fiscal year may result in a domestic base closure or realignment that
    would otherwise be subject to section 2687 of title 10, United States
    Code.

      (c) The President may not exercise the authority provided by this
    paragraph for a fiscal year unless--
              (1) the President submits a single report to Congress
            specifying, for each account, the detailed changes proposed to
            be made for such fiscal year pursuant to this section;
              (2) that report is submitted within 5 calendar days of the
            start of the next session of Congress; and
              (3) a joint resolution affirming or modifying the changes
            proposed by the President pursuant to this paragraph becomes
            law.

      (d) Within 5 calendar days of session after the President submits a
    report to Congress under subsection (c)(1) for a fiscal year, the
    majority leader of each House of Congress shall (by request) introduce a
    joint resolution which contains provisions affirming the changes
    proposed by the President pursuant to this paragraph.

      (e)(1) The matter after the resolving clause in any joint resolution
    introduced pursuant to subsection (d) shall be as follows: ``That the
    report of the President as submitted on [Insert Date] under section 258B
    is hereby approved.''.
      (2) The title of the joint resolution shall be ``Joint resolution
    approving the report of the President submitted under section 258B of
    the Balanced Budget and Emergency Deficit Control Act of 1985.''.
      (3) Such joint resolution shall not contain any preamble.

    * * * * *

      (l) If, before the passage by the Senate of a joint resolution of the
    Senate introduced under subsection (d), the Senate receives from the
    House of Representatives a joint

    [[Page 1285]]

    resolution introduced under subsection (d), then the following
    procedures shall apply:
              (1) The joint resolution of the House of Representatives shall
            not be referred to a committee.
              (2) With respect to a joint resolution introduced under
            subsection (d) in the Senate--
                      (A) the procedure in the Senate shall be the same as
                    if no joint resolution had been received from the House;
                    but
                      (B)(i) the vote on final passage shall be on the joint
                    resolution of the House if it is identical to the joint
                    resolution then pending for passage in the Senate; or
                      (ii) if the joint resolution from the House is not
                    identical to the joint resolution then pending for
                    passage in the Senate and the Senate then passes the
                    Senate joint resolution, the Senate shall be considered
                    to have passed the House joint resolution as amended by
                    the text of the Senate joint resolution.
              (3) Upon disposition of the joint resolution received from the
            House, it shall no longer be in order to consider the joint
            resolution originated in the Senate.

      (m) If the Senate receives from the House of Representatives a joint
    resolution introduced under subsection (d) after the Senate has disposed
    of a Senate originated joint resolution which is identical to the House
    passed joint resolution, the action of the Senate with regard to the
    disposition of the Senate originated joint resolution shall be deemed to
    be the action of the Senate with regard to the House originated joint
    resolution. If it is not identical to the House passed joint resolution,
    then the Senate shall be considered to have passed the joint resolution
    of the House as amended by the text of the Senate joint resolution.
                                                               Sec. 1130(30)

                        30. Andean Counterdrug Initiative

    emergency supplemental act, 2000 Sec. 3204 [p.l. 106-246, 114 stat. 511,
     576, as amended by p.l. 107-115, 115 stat. 2131 and p.l. 108-199, 118
                                   stat. 210]

    Sec. 3204. limitations on support for plan colombia and on the
    assignment of united states personnel in colombia.

    [[Page 1286]]

      (a) limitation on support for plan colombia.--
              (1) limitation.--Except as provided in paragraph (2), none of
            the funds appropriated or otherwise made available by any Act
            shall be available for support of Plan Colombia unless and
            until--
                      (A) the President submits a report to Congress
                    requesting the availability of such funds; and
                      (B) Congress enacts a joint resolution approving the
                    request of the President under subparagraph (A).
              (2) exceptions.--The limitation in paragraph (1) does not
            apply to--
                      (A) appropriations made by this Act, the Foreign
                    Operations, Export Financing, and Related Programs
                    Appropriations Act, 2001, the Military Construction
                    Appropriations Act, 2001, the Commerce, Justice, State
                    and the Judiciary Appropriations Act, 2001, the Treasury
                    and General Government Appropriations Act, 2001, or the
                    Department of Defense Appropriations Act, 2001, for the
                    purpose of support of Plan Colombia; or
                      (B) the unobligated balances from any other program
                    used for their originally appropriated purpose to combat
                    drug production and trafficking, foster peace, increase
                    the rule of law, improve human rights, expand economic
                    development, and institute justice reform in the
                    countries covered by Plan Colombia.
              (3) waiver.--The limitations in subsection (a) may be waived
            by an Act of Congress.
      (b) limitation on assignment of united states personnel in colombia.--
              (1) limitation.--Except as provided in paragraph (2), none of
            the funds appropriated or otherwise made available by this or
            any other Act (including funds described in subsection (c)) may
            be available for--
                      (A) the assignment of any United States military
                    personnel for temporary or permanent duty in Colombia in
                    connection with support of Plan Colombia if that
                    assignment would cause the number of United States
                    military personnel so assigned in Colombia to exceed
                    400, or
                      (B) the employment of any United States individual
                    civilian retained as a contractor in Colombia if that
                    employment would cause the total number of United States
                    individual civilian con

    [[Page 1287]]

                    tractors employed in Colombia in support of Plan
                    Colombia who are funded by Federal funds to exceed 400.
              (2) exception.--The limitation contained in paragraph (1)
            shall not apply if--
                      (A) the President submits a report to Congress
                    requesting that the limitation not apply; and
                      (B) Congress enacts a joint resolution approving the
                    request of the President under subparagraph (A).
      (c) waiver.--The President may waive the limitation in subsection
    (b)(1) for a single period of up to 90 days in the event that the Armed
    Forces of the United States are involved in hostilities or that imminent
    involvement by the Armed Forces of the United States in hostilities is
    clearly indicated by the circumstances.
      (d) statutory construction.--Nothing in this section may be construed
    to affect the authority of the President to carry out any emergency
    evacuation of United States citizens or any search or rescue operation
    for United States military personnel or other United States citizens.
      (e) report on support for plan colombia.--Not later than June 1, 2001,
    and not later than June 1 and December 1 of each of the succeeding 4
    fiscal years, the President shall submit a report to the appropriate
    congressional committees setting forth any costs (including incremental
    costs incurred by the Department of Defense) incurred by any department,
    agency, or other entity of the executive branch of Government during the
    two previous fiscal quarters in support of Plan Colombia. Each such
    report shall provide an itemization of expenditures by each such
    department, agency or entity.
      (f) quarterly reports.--Beginning within 90 days of the date of the
    enactment of this Act, and every 90 days thereafter, the President shall
    submit a report to the appropriate congressional committees that shall
    include the aggregate number, locations, activities, and lengths of
    assignment for all temporary and permanent United States military
    personnel and United States individual civilians retained as contractors
    involved in the antinarcotics campaign in Colombia.
      (g) congressional priority procedures.--
              (1) joint resolutions defined.--
                      (A) For purposes of subsection (a)(1)(B), the term
                    ``joint resolution'' means only a joint resolution
                    introduced not later than 10 days of the date

    [[Page 1288]]

                    on which the report of the President under subsection
                    (a)(1)(A) is received by Congress, the matter after the
                    resolving clause of which is as follows: ``That Congress
                    approves the request of the President for additional
                    funds for Plan Colombia contained in the report
                    submitted by the President under section 3204(a)(1) of
                    the 2000 Emergency Supplemental Appropriations Act.''.
                      (B) For purposes of subsection (b)(2)(B), the term
                    ``joint resolution'' means only a joint resolution
                    introduced not later than 10 days of the date on which
                    the report of the President under subsection (a)(1)(A)
                    is received by Congress, the matter after the resolving
                    clause of which is as follows: ``That Congress approves
                    the request of the President for exemption from the
                    limitation applicable to the assignment of personnel in
                    Colombia contained in the report submitted by the
                    President under section 3204(b)(2)(B) of the 2000
                    Emergency Supplemental Appropriations Act.''.
              (2) procedures.--Except as provided in subparagraph (B), a
            joint resolution described in paragraph (1)(A) or (1)(B) shall
            be considered in a House of Congress in accordance with the
            procedures applicable to joint resolutions under paragraphs (3)
            through (8) of section 8066(c) of the Department of Defense
            Appropriations Act, 1985 (as contained in Public Law 98-473; 98
            Stat. 1936).
      (h) plan colombia defined.--In this section, the term ``Plan
    Colombia'' means the plan of the Government of Colombia instituted by
    the administration of President Pastrana to combat drug production and
    trafficking, foster peace, increase the rule of law, improve human
    rights, expand economic development, and institute justice reform.
    * * * * *

      department of defense appropriations act, 1985 Sec. 8066(c) [p.l. 98-
                          473; 98 stat. 1904, 1936-37]

      Sec. 8066 * * * (c)
      (c)(3) A resolution described in paragraph (1) introduced in the House
    of Representatives shall be referred to the Committee on Appropriations
    of the House of Representatives. A resolution described in paragraph (1)
    introduced in the Senate shall be referred to the Committee on Ap

    [[Page 1289]]

    propriations of the Senate. Such a resolution may not be reported before
    the eighth day after its introduction.
      (4) If the committee to which is referred a resolution described in
    paragraph (1) has not reported such resolution (or an identical
    resolution) at the end of fifteen calendar days after its introduction,
    such committee shall be discharged from further consideration of such
    resolution and such resolution shall be placed on the appropriate
    calendar of the House involved.
      (5)(A) When the committee to which a resolution is referred has
    reported, or has been deemed to be discharged (under paragraph (4)) from
    further consideration of, a resolution described in paragraph (1)
    notwithstanding any rule or precedent of the Senate, including Rule 22,
    it is at any time thereafter in order (even though a previous motion to
    the same effect has been disagreed to) for any Member of the respective
    House to move to proceed to the consideration of the resolution, and all
    points of order against the resolution (and against consideration of the
    resolution) are waived. The motion is highly privileged in the House of
    Representatives and is privileged in the Senate and is not debatable.
    The motion is not subject to amendment, or to a motion to postpone, or
    to a motion to proceed to the consideration of other business. A motion
    to reconsider the vote by which the motion is agreed to or disagreed to
    shall not be in order. If a motion to proceed to the consideration of
    the resolution is agreed to, the resolution shall remain the unfinished
    business of the respective House until disposed of.
      (B) Debate on the resolution, and all debatable motions and appeals in
    connection therewith, shall be limited to not more than ten hours, which
    shall be divided equally between those favoring and those opposing the
    resolution. A motion further to limit debate is in order and not
    debatable. An amendment to, or a motion to postpone, or a motion to
    proceed to the consideration of other business, or a motion to recommit
    the resolution is not in order. A motion to reconsider the vote by which
    the resolution is agreed to or disagreed to is not in order.
      (C) Immediately following the conclusion of the debate on a resolution
    described in paragraph (1), and a single quorum call at the conclusion
    of the debate if requested in accordance with the rules of the
    appropriate House, the vote on final passage of the resolution shall
    occur.
      (D) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of

    [[Page 1290]]

    Representatives, as the case may be, to the procedure relating to a
    resolution described in paragraph (1) shall be decided without debate.
      (6) If, before the passage by the Senate of a resolution described in
    paragraph (1), the Senate receives from the House of Representatives a
    resolution described in paragraph (1), then the following procedures
    shall apply:
              (A) The resolution of the House of Representatives shall not
            be referred to a committee.
              (B) With respect to a resolution described in paragraph (1) of
            the Senate--
                      (i) the procedure in the Senate shall be the same as
                    if no resolution had been received from the House; but
                      (ii) the vote on final passage shall be on the
                    resolution of the House.
              (C) Upon disposition of the resolution received from the
            House, it shall no longer be in order to consider the resolution
            originated in the Senate.
      (7) If the Senate receives from the House of Representatives a
    resolution described in paragraph (1) after the Senate has disposed of a
    Senate originated resolution, the action of the Senate with regard to
    the disposition of the Senate originated resolution shall be deemed to
    be the action of the Senate with regard to the House originated
    resolution.
      (8) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of the Senate and
            House of Representatives, respectively, and as such it is deemed
            a part of the rules of each House, respectively, but applicable
            only with respect to the procedure to be followed in that House
            in the case of a resolution described in paragraph (1), and it
            supercedes other rules only to the extent that it is
            inconsistent with such rules; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.

    [[Page 1291]]

                                                               Sec. 1130(31)

    31. Medicare Cost Containment; Medicare Prescription Drug, Improvement,
     and Modernization Act of 2003, Sec. Sec. 802-04 [31 U.S.C. 1105, 1105
                                      note]

             Sec. 1105. budget contents and submission to Congress.

                                      * * *

      (h)(1) If there is a medicare funding warning under section 801(a)(2)
    of the Medicare Prescription Drug, Improvement, and Modernization Act of
    2003 made in a year, the President shall submit to Congress, within the
    15-day period beginning on the date of the budget submission to Congress
    under subsection (a) for the succeeding year, proposed legislation to
    respond to such warning.
      (2) Paragraph (1) does not apply if, during the year in which the
    warning is made, legislation is enacted which eliminates excess general
    revenue medicare funding (as defined in section 801(c) of the Medicare
    Prescription Drug, Improvement, and Modernization Act of 2003) for the
    7-fiscal-year reporting period, as certified by the Board of Trustees of
    each medicare trust fund (as defined in section 801(c)(5) of such Act)
    not later than 30 days after the date of the enactment of such
    legislation.

              Sec. 803. procedures in the house of representatives.

                              [31 U.S.C. 1105 note]

      (a) Introduction and Referral of President's Legislative Proposal.--
              (1) Introduction.--In the case of a legislative proposal
            submitted by the President pursuant to section 1105(h) of title
            31, United States Code, within the 15-day period specified in
            paragraph (1) of such section, the Majority Leader of the House
            of Representatives (or his designee) and the Minority Leader of
            the House of Representatives (or his designee) shall introduce
            such proposal (by request), the title of which is as follows:
            ``A bill to respond to a medicare funding warning.'' Such bill
            shall be introduced within 3 legislative days after Congress
            receives such proposal.

    [[Page 1292]]

              (2) Referral.--Any legislation introduced pursuant to
            paragraph (1) shall be referred to the appropriate committees of
            the House of Representatives.
      (b) Direction to the Appropriate House Committees.--
              (1) In general.--In the House, in any year during which the
            President is required to submit proposed legislation to Congress
            under section 1105(h) of title 31, United States Code, the
            appropriate committees shall report medicare funding legislation
            by not later than June 30 of such year.
              (2) Medicare funding legislation.--For purposes of this
            section, the term ``medicare funding legislation'' means--
                      (A) legislation introduced pursuant to subsection
                    (a)(1), but only if the legislative proposal upon which
                    the legislation is based was submitted within the 15-day
                    period referred to in such subsection; or
                      (B) any bill the title of which is as follows: ``A
                    bill to respond to a medicare funding warning.''.
              (3) Certification.--With respect to any medicare funding
            legislation or any amendment to such legislation to respond to a
            medicare funding warning, the chairman of the Committee on the
            Budget of the House shall certify--
                      (A) whether or not such legislation eliminates excess
                    general revenue medicare funding (as defined in section
                    801(c)) for each fiscal year in the 7-fiscal-year
                    reporting period; and
                      (B) with respect to such an amendment, whether the
                    legislation, as amended, would eliminate excess general
                    revenue medicare funding (as defined in section 801(c))
                    for each fiscal year in such 7-fiscal-year reporting
                    period.
      (c) Fallback Procedure for Floor Consideration if the House Fails to
    Vote on Final Passage by July 30.--
              (1) After July 30 of any year during which the President is
            required to submit proposed legislation to Congress under
            section 1105(h) of title 31, United States Code, unless the
            House of Representatives has voted on final passage of any
            medicare funding legislation for which there is an affirmative
            certification under subsection (b)(3)(A), then, after the
            expiration of not less than 30 calendar days (and concurrently 5

    [[Page 1293]]

            legislative days), it is in order to move to discharge any
            committee to which medicare funding legislation which has such a
            certification and which has been referred to such committee for
            30 calendar days from further consideration of the legislation.
              (2) A motion to discharge may be made only by an individual
            favoring the legislation, may be made only if supported by one-
            fifth of the total membership of the House (a quorum being
            present), and is highly privileged in the House. Debate thereon
            shall be limited to not more than one hour, the time to be
            divided in the House equally between those favoring and those
            opposing the motion. An amendment to the motion is not in order,
            and it is not in order to move to reconsider the vote by which
            the motion is agreed to or disagreed to.
              (3) Only one motion to discharge a particular committee may be
            adopted under this subsection in any session of a Congress.
              (4) Notwithstanding paragraph (1), it shall not be in order to
            move to discharge a committee from further consideration of
            medicare funding legislation pursuant to this subsection during
            a session of a Congress if, during the previous session of the
            Congress, the House passed medicare funding legislation for
            which there is an affirmative certification under subsection
            (b)(3)(A).
      (d) Floor Consideration in the House of Discharged Legislation.--
              (1) In the House, not later than 3 legislative days after any
            committee has been discharged from further consideration of
            legislation under subsection (c), the Speaker shall resolve the
            House into the Committee of the Whole for consideration of the
            legislation.
              (2) The first reading of the legislation shall be dispensed
            with. All points of order against consideration of the
            legislation are waived. General debate shall be confined to the
            legislation and shall not exceed five hours, which shall be
            divided equally between those favoring and those opposing the
            legislation. After general debate the legislation shall be
            considered for amendment under the five-minute rule. During
            consideration of the legislation, no amendments shall be in
            order in the House or in the Committee of the Whole except those
            for which there has been an affirmative certification under
            subsection (b)(3)(B). All

    [[Page 1294]]

            points of order against consideration of any such amendment in
            the Committee of the Whole are waived. The legislation, together
            with any amendments which shall be in order, shall be considered
            as read. During the consideration of the bill for amendment, the
            chairman of the Committee of the Whole may accord priority in
            recognition on the basis of whether the Member offering an
            amendment has caused it to be printed in the portion of the
            Congressional Record designated for that purpose in clause 8 of
            Rule XVIII of the Rules of the House of Representatives. Debate
            on any amendment shall not exceed one hour, which shall be
            divided equally between those favoring and those opposing the
            amendment, and no pro forma amendments shall be offered during
            the debate. The total time for debate on all amendments shall
            not exceed 10 hours. At the conclusion of consideration of the
            legislation for amendment, the Committee shall rise and report
            the legislation to the House with such amendments as may have
            been adopted. The previous question shall be considered as
            ordered on the legislation and amendments thereto to final
            passage without intervening motion except one motion to recommit
            with or without instructions. If the Committee of the Whole
            rises and reports that it has come to no resolution on the bill,
            then on the next legislative day the House shall, immediately
            after the third daily order of business under clause 1 of Rule
            XIV of the Rules of the House of Representatives, resolve into
            the Committee of the Whole for further consideration of the
            bill.
              (3) All appeals from the decisions of the Chair relating to
            the application of the Rules of the House of Representatives to
            the procedure relating to any such legislation shall be decided
            without debate.
              (4) Except to the extent specifically provided in the
            preceding provisions of this subsection, consideration of any
            such legislation and amendments thereto (or any conference
            report thereon) shall be governed by the Rules of the House of
            Representatives applicable to other bills and resolutions,
            amendments, and conference reports in similar circumstances.
      (e) Legislative Day Defined.--As used in this section, the term
    ``legislative day'' means a day on which the House of Representatives is
    in session.

    [[Page 1295]]

      (f) Restriction on Waiver.--In the House, the provisions of this
    section may be waived only by a rule or order proposing only to waive
    such provisions.
      (g) Rulemaking Power.--The provisions of this section are enacted by
    the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and, as such, shall be considered as part of the
            rules of that House and shall supersede other rules only to the
            extent that they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of that
            House to change the rules (so far as they relate to the
            procedures of that House) at any time, in the same manner, and
            to the same extent as in the case of any other rule of that
            House.

                       Sec. 804. procedures in the senate.

                              [31 U.S.C. 1105 note]

                                      * * *

      The House has provided that section 803 not apply during a Congress
    (sec. 3(e), H. Res. 5, Jan. 6, 2009, p. 9) or a portion thereof (July
    24, 2008, p. 16371).
                                                               Sec. 1130(32)

      32. Minimum Standards for Identification of Documents; Intelligence
    Reform and Terrorism Prevention Act of 2004, Sec. 7220 [49 U.S.C. 44901
                                      note]

                      Sec. 7220. identification standards.

              (a) Proposed Standards.--
                      (1) In general.--The Secretary of Homeland Security--
                            (A) shall propose minimum standards for
                        identification documents required of domestic
                        commercial airline passengers for boarding an
                        aircraft; and
                            (B) may, from time to time, propose minimum
                        standards amending or replacing standards previously
                        proposed and transmitted to Congress and approved
                        under this section.
                      (2) Submission to congress.--Not later than 6 months
                    after the date of enactment of this Act,

    [[Page 1296]]

                    the Secretary shall submit the standards under paragraph
                    (1)(A) to the Senate and the House of Representatives on
                    the same day while each House is in session.
                      (3) Effective date.--Any proposed standards submitted
                    to Congress under this subsection shall take effect when
                    an approval resolution is passed by the House and the
                    Senate under the procedures described in subsection (b)
                    and becomes law.
              (b) Congressional Approval Procedures.--
                      (1) Rulemaking power.--This subsection is enacted by
                    Congress--
                            (A) as an exercise of the rulemaking power of
                        the Senate and the House of Representatives,
                        respectively, and as such they are deemed a part of
                        the rules of each House, respectively, but
                        applicable only with respect to the procedure to be
                        followed in that House in the case of such approval
                        resolutions; and it supersedes other rules only to
                        the extent that they are inconsistent therewith; and
                            (B) with full recognition of the constitutional
                        right of either House to change the rules (so far as
                        relating to the procedure of that House) at any
                        time, in the same manner and to the same extent as
                        in the case of any other rule of that House.
                      (2) Approval resolution.--For the purpose of this
                    subsection, the term ``approval resolution'' means a
                    joint resolution of Congress, the matter after the
                    resolving clause of which is as follows: ``That the
                    Congress approves the proposed standards issued under
                    section 7220 of the 9/11 Commission Implementation Act
                    of 2004, transmitted by the President to the Congress on
                    ___'', the blank space being filled in with the
                    appropriate date.
                      (3) Introduction.--Not later than the first day of
                    session following the day on which proposed standards
                    are transmitted to the House of Representatives and the
                    Senate under subsection (a), an approval resolution--
                            (A) shall be introduced (by request) in the
                        House by the Majority Leader of the House of
                        Representatives, for himself or herself and the

    [[Page 1297]]

                        Minority Leader of the House of Representatives, or
                        by Members of the House of Representatives
                        designated by the Majority Leader and Minority
                        Leader of the House; and
                            (B) shall be introduced (by request) in the
                        Senate by the Majority Leader of the Senate, for
                        himself or herself and the Minority Leader of the
                        Senate, or by Members of the Senate designated by
                        the Majority Leader and Minority Leader of the
                        Senate.
                      (4) Prohibitions.--
                            (A) Amendments.--No amendment to an approval
                        resolution shall be in order in either the House of
                        Representatives or the Senate.
                            (B) Motions to suspend.--No motion to suspend
                        the application of this paragraph shall be in order
                        in either House, nor shall it be in order in either
                        House for the Presiding Officer to entertain a
                        request to suspend the application of this paragraph
                        by unanimous consent.
                      (5) Referral.--
                            (A) In general.--An approval resolution shall be
                        referred to the committees of the House of
                        Representatives and of the Senate with jurisdiction.
                        Each committee shall make its recommendations to the
                        House of Representatives or the Senate, as the case
                        may be, within 45 days after its introduction.
                        Except as provided in subparagraph (B), if a
                        committee to which an approval resolution has been
                        referred has not reported it at the close of the
                        45th day after its introduction, such committee
                        shall be automatically discharged from further
                        consideration of the resolution and it shall be
                        placed on the appropriate calendar.
                            (B) Final passage.--A vote on final passage of
                        the resolution shall be taken in each House on or
                        before the close of the 15th day after the
                        resolution is reported by the committee or
                        committees of that House to which it was referred,
                        or after such committee or committees have been
                        discharged from further consideration of the
                        resolution.
                            (C) Computation of days.--For purposes of this
                        paragraph, in computing a number of

    [[Page 1298]]

                        days in either House, there shall be excluded any
                        day on which that House is not in session.
                      (6) Coordination with action of other house.--If prior
                    to the passage by one House of an approval resolution of
                    that House, that House receives the same approval
                    resolution from the other House, then the procedure in
                    that House shall be the same as if no approval
                    resolution has been received from the other House, but
                    the vote on final passage shall be on the approval
                    resolution of the other House.
                      (7) Floor consideration in the house of
                    representatives.--
                            (A) Motion to proceed.--A motion in the House of
                        Representatives to proceed to the consideration of
                        an approval resolution shall be highly privileged
                        and not debatable. An amendment to the motion shall
                        not be in order, not shall it be in order to move to
                        reconsider the vote by which the motion is agreed to
                        or disagreed to.
                            (B) Debate.--Debate in the House of
                        Representatives on an implementing bill or approval
                        resolution shall be limited to not more than 4
                        hours, which shall be divided equally between those
                        favoring and those opposing the resolution. A motion
                        to further limit debate shall not be debatable. It
                        shall not be in order to move to recommit an
                        approval resolution or to move to reconsider the
                        vote by which an approval resolution is agreed to or
                        disagreed to.
                            (C) Motion to postpone.--Motions to postpone
                        made in the House of Representatives with respect to
                        the consideration of an approval resolution and
                        motions to proceed to the consideration of other
                        business shall be decided without debate.
                            (D) Appeals.--All appeals from the decisions of
                        the Chair relating to the application of the Rules
                        of the House of Representatives to the procedure
                        relating to an approval resolution shall be decided
                        without debate.
                            (E) Rules of the house of representatives.--
                        Except to the extent specifically provided in
                        subparagraphs (A) through (D), consideration of an
                        approval resolution shall be gov

    [[Page 1299]]

                        erned by the Rules of the House of Representatives
                        applicable to other resolutions in similar
                        circumstances.
                      (8) Floor consideration in the Senate.--

                                      * * *

              (c) Default Standards.--
                    (1) In general.--If the standards proposed under
                    subsection (a)(1)(A) are not approved pursuant to the
                    procedures described in subsection (b), then not later
                    than 1 year after rejection by a vote of either House of
                    Congress, domestic commercial airline passengers seeking
                    to board an aircraft shall present, for identification
                    purposes--

                                      * * *

                                                               Sec. 1130(33)

    33. Independent Payment Advisory Board; Social Security Act, Sec. 1899A
                               [42 U.S.C. 1395kkk]

                 Sec. 1899A. independent payment advisory board.

              (a) Establishment.--There is established an independent board
            to be known as the `Independent Payment Advisory Board'.

                                      * * *

              (c) Board Proposals.--
                      (1) Development.--
                          (A) In General.--The Board shall develop detailed
                        and specific proposals related to the Medicare
                        program in accordance with the succeeding provisions
                        of this section.

                                      * * *

                      (3) Submission of Board Proposal to Congress and the
                    President.--
                          (A) In General.--
                            (i) In General.--Except as provided in clause
                        (ii) and subsection (f)(3)(B), the Board shall
                        submit a proposal under this section to Congress and
                        the President on January 15 of each year (beginning
                        with 2014).

                                      * * *

    [[Page 1300]]

                          (B) Required Information.--Each proposal submitted
                        by the Board under subparagraph (A)(i) shall
                        include--
                            (i) the recommendations described in paragraph
                        (2)(A)(i);
                            (ii) an explanation of each recommendation
                        contained in the proposal and the reasons for
                        including such recommendation;
                            (iii) an actuarial opinion by the Chief Actuary
                        of the Centers for Medicare & Medicaid Services
                        certifying that the proposal meets the requirements
                        of subparagraphs (A)(i) and (C) of paragraph (2);
                            (iv) a legislative proposal that implements the
                        recommendations; and
                            (v) other information determined appropriate by
                        the Board.
                      (4) Presidential Submission to Congress.--Upon
                    receiving a proposal from the Secretary under paragraph
                    (5), the President shall within 2 days submit such
                    proposal to Congress.

                                      * * *

              (d) Congressional Consideration.--
                      (1) Introduction.--
                          (A) In General.--On the day on which a proposal is
                        submitted by the Board or the President to the House
                        of Representatives and the Senate under subsection
                        (c)(3)(A)(i) or subsection (c)(4), the legislative
                        proposal (described in subsection (c)(3)(B)(iv))
                        contained in the proposal shall be introduced (by
                        request) in the Senate by the majority leader of the
                        Senate or by Members of the Senate designated by the
                        majority leader of the Senate and shall be
                        introduced (by request) in the House by the majority
                        leader of the House or by Members of the House
                        designated by the majority leader of the House.
                          (B) Not in Session.--If either House is not in
                        session on the day on which such legislative
                        proposal is submitted, the legislative proposal
                        shall be introduced in that House, as provided in
                        subparagraph (A), on the first day thereafter on
                        which that House is in session.

    [[Page 1301]]

                          (C) Any Member.--If the legislative proposal is
                        not introduced in either House within 5 days on
                        which that House is in session after the day on
                        which the legislative proposal is submitted, then
                        any Member of that House may introduce the
                        legislative proposal.
                          (D) Referral.--The legislation introduced under
                        this paragraph shall be referred by the Presiding
                        Officers of the respective Houses to the Committee
                        on Finance in the Senate and to the Committee on
                        Energy and Commerce and the Committee on Ways and
                        Means in the House of Representatives.
                      (2) Committee Consideration of Proposal.--
                          (A) Reporting Bill.--Not later than April 1 of any
                        proposal year in which a proposal is submitted by
                        the Board or the President to Congress under this
                        section, the Committee on Ways and Means and the
                        Committee on Energy and Commerce of the House of
                        Representatives and the Committee on Finance of the
                        Senate may report the bill referred to the Committee
                        under paragraph (1)(D) with committee amendments
                        related to the Medicare program.
                          (B) Calculations.--In determining whether a
                        committee amendment meets the requirement of
                        subparagraph (A), the reductions in Medicare program
                        spending during the 3-month period immediately
                        preceding the implementation year shall be counted
                        to the extent that such reductions are a result of
                        the implementation provisions in the committee
                        amendment for a change in the payment rate for an
                        item or service that was effective during such
                        period pursuant to such amendment.
                          (C) Committee Jurisdiction.--Notwithstanding rule
                        XV of the Standing Rules of the Senate, a committee
                        amendment described in subparagraph (A) may include
                        matter not within the jurisdiction of the Committee
                        on Finance if that matter is relevant to a proposal
                        contained in the bill submitted under subsection
                        (c)(3).
                          (D) Discharge.--If, with respect to the House
                        involved, the committee has not reported the bill by
                        the date required by subparagraph

    [[Page 1302]]

                        (A), the committee shall be discharged from further
                        consideration of the proposal.
                      (3) Limitation on Changes to the Board
                    Recommendations.--
                          (A) In General.--It shall not be in order in the
                        Senate or the House of Representatives to consider
                        any bill, resolution, or amendment, pursuant to this
                        subsection or conference report thereon, that fails
                        to satisfy the requirements of subparagraphs (A)(i)
                        and (C) of subsection (c)(2).
                          (B) Limitation on Changes to the Board
                        Recommendations in Other Legislation.--It shall not
                        be in order in the Senate or the House of
                        Representatives to consider any bill, resolution,
                        amendment, or conference report (other than pursuant
                        to this section) that would repeal or otherwise
                        change the recommendations of the Board if that
                        change would fail to satisfy the requirements of
                        subparagraphs (A)(i) and (C) of subsection (c)(2).
                          (C) Limitation on Changes to this Subsection.--It
                        shall not be in order in the Senate or the House of
                        Representatives to consider any bill, resolution,
                        amendment, or conference report that would repeal or
                        otherwise change this subsection.

                                      * * *

                      (4) Expedited Procedure.--

                                      * * *

                          (C) Consideration by the Other House.--
                            (i) In General.--The expedited procedures
                        provided in this subsection for the consideration of
                        a bill introduced pursuant to paragraph (1) shall
                        not apply to such a bill that is received by one
                        House from the other House if such a bill was not
                        introduced in the receiving House.
                            (ii) Before Passage.--If a bill that is
                        introduced pursuant to paragraph (1) is received by
                        one House from the other House, after introduction
                        but before disposition of such a bill in the
                        receiving House, then the following shall apply:

    [[Page 1303]]

                              (I) The receiving House shall consider the
                        bill introduced in that House through all stages of
                        consideration up to, but not including, passage.
                              (II) The question on passage shall be put on
                        the bill of the other House as amended by the
                        language of the receiving House.
                            (iii) After Passage.--If a bill introduced
                        pursuant to paragraph (1) is received by one House
                        from the other House, after such a bill is passed by
                        the receiving House, then the vote on passage of the
                        bill that originates in the receiving House shall be
                        considered to be the vote on passage of the bill
                        received from the other House as amended by the
                        language of the receiving House.
                            (iv) Disposition.--Upon disposition of a bill
                        introduced pursuant to paragraph (1) that is
                        received by one House from the other House, it shall
                        no longer be in order to consider the bill that
                        originates in the receiving House.
                            (v) Limitation.--Clauses (ii), (iii), and (iv)
                        shall apply only to a bill received by one House
                        from the other House if the bill--
                              (I) is related only to the program under this
                        title; and
                              (II) satisfies the requirements of
                        subparagraphs (A)(i) and (C) of subsection (c)(2).

                                      * * *

                          (E) Consideration in Conferece.--
                            (i) In General.--Consideration in the Senate and
                        the House of Representatives on the conference
                        report or any messages between Houses shall be
                        limited to 10 hours, equally divided and controlled
                        by the majority and minority leaders of the Senate
                        or their designees and the Speaker of the House of
                        Representatives and the minority leader of the House
                        of Representatives or their designees.

                                      * * *

                            (iv) Limitation.--Clauses (i) through (iii)
                        shall only apply to a conference report, message or
                        the amendments thereto if the conference report,
                        message, or an amendment thereto--

    [[Page 1304]]

                              (I) is related only to the program under this
                        title; and
                              (II) satisfies the requirements of
                        subparagraphs (A)(i) and (C) of subsection (c)(2).

      Section 1899A was added by the Patient Protection and Affordable Care
    Act, as modified by the Health Care and Education Reconciliation Act of
    2010 (P.L. 111-148; P.L. 111-152). The House has provided that
    subsection (d) not apply during a Congress (sec. 3(a), H. Res. 5, Jan.
    3, 2013, p. _; (sec. 3(a), H. Res. 5, Jan. 6, 2015, p. _).

                    * 	* 	* 	* 	*

    [[Page 1305]]

    ========================================================================

                                      INDEX

    ========================================================================

    [[Page 1307]]

                                    I N D E X

                                    __________
                                                                     Section
                                                                     Section
    Absence.  See also Attendance; Quorum.
            Attendance required.
    Arrest of Members for absence................................. 1021-1023
                Arrest of Members attending committee meetings during
                    call of the House notwithstanding leave for
                    committee to sit..................................   324
    Call of House................................................ 1025, 1026
    Call of House in old form..................................... 1021-1024
                Deductions from pay of Members on account of absence..   86,
                                                                         671
                House may excuse, during call of the House............  1022
                Jurisdiction of matters relating to...................   729
                Members to be present unless excused..................   671
                Failure of quorum in Committee of the Whole...........   982
                Rule of Parliament as to..............................   311
            Leave of.
                Presentation of requests for..........................   671
                Revoked but not granted during call of the House......  1022
    Accounts.
            In the House, jurisdiction as to..........................   724
            Of receipt and expenditures of public money to be
                published.............................................   143
    Accusation.
            Common fame as ground for.................................   341
            Right of accused to be informed of in criminal cases......   213
    Acts.
            Signed by Speaker...................................... 624, 626
            States reciprocally to give full faith and credit to
                public................................................   183
    Addresses.
            Signed by Speaker.........................................   624
            Of and to the early Presidents............................   316
    Adhere, motion to.  See Amendments between the Houses.
    Adjourn, motion to.  See also Adjournment.
            Nature and conditions of.
    Amendment of................................................... 585, 912
                Repetition of.........................................   918
    General conditions of.......................................... 911, 912

    [[Page 1308]]

                May be held dilatory..................................   903
            Precedence of.
    High privilege and precedence of.......................... 439, 911, 912
                In order after ordering of yeas and nays..............    80
                In order before reading of the Journal................   621
                In order in House as in Committee of the Whole........   427
    Not in order in Committee of the Whole.................... 333, 334, 912
                When not in order in House............................   912
    Not to interrupt Member having the floor in debate............. 393, 946
                One in order pending motion for suspension of rules...   890
                One in order pending report from Committee on Rules...   857
                Privileged over motion to reconsider..................  1003
                Privileged over questions of privilege................   698
                Yields to presentation but not consideration of
                    conference reports................................  1077
            Relation of, to quorum.
    In order in absence of quorum.................................. 52, 1022
    In order during call of the House............................ 1025, 1026
                Not in order when Committee of the Whole rises to
                    report proceedings incident to securing quorum....   912
            To fix the day.
    General conditions of motion to fix the day to which the House
    shall adjourn.................................................. 911, 913
    Adjournment.  See also Adjourn, motion to.
            Of the House alone.
                At the end of the term of a Congress..................     6
    Emergency postponement of reconvening time...................... 83, 639
    For three days or less...................................... 82, 83, 639
                Hour of, entered on the Journal.......................   647
                House has adjourned for more than one day before
                    election of Speaker...............................    83
                Pronounced by the Speaker.............................   587
                Speaker takes Chair at hour to which House has
                    adjourned.........................................   621
            Of Congress--Requirements as to.
                Adjournment during pleasure effected by a recess......   586
                Case in which President may cause.....................   171
    Neither House to adjourn for more than three days without consent
    of other......................................................... 82, 83
    Recall authority under adjournment resolutions to another time or
    place............................................................. 82-84
                Of a session as related to constitutional day of
                    meeting...........................................    45
                Parliamentary law as to the adjournment of the Lords
                    and Commons.......................................   584

    [[Page 1309]]

    Prohibited before completion of congressional budget process....... 1127
                                                                  (sec. 310)
                Session not terminated by an adjournment of Congress
                    for a fixed time over three days..................   590
                Time of...............................................     6
                To be in July with certain exceptions.................  1106
            Of Congress--Manner of.
                For more than three days by privileged concurrent
                    resolution........................................    84
                Jurisdiction of resolutions for final, of Congress....   733
                Manner of closing a session by action of the two
                    Houses............................................   591
                Resolutions relating to, not presented to President
                    for approval......................................   115
            Of Congress--Effect of.
                As affecting signing of enrolled bills................   577
                As affecting the functions of committees..............   589
                As related to action on a veto message................   107
                Conferences not interrupted by........................   533
                Duties of clerks as to committee papers at............   695
                Effect of, as to bills in hands of President..........   111
                Effect of adjournment to day certain, as to bills in
                    hands of President................................   113
    Impeachment not interrupted by................................. 592, 620
    Journal of last day not approved................................ 74, 621
                Obsolete law as to business at time of................   385
                Parliamentary law as to business at the termination of
                    a session.........................................   592
            Of a debate.
                Of a debate, obsolete practice as to..................   444
    Administrative oversight.
            Former subcommittee on....................................   744
    Administrator of General Services.
            Bills that become law deposited with................... 105, 109
    Admiralty.
            Judicial power extends to cases of........................   178
    Admission.  See Floor; Galleries.
    Advance appropriations.
            Point of order against....................................  1127
    Adverse Reports.  See Committees, Reports of.
    Affirmation.  See also Oath.
            In lieu of oath...........................................   196
            In support of certain warrants............................   211
            Senators on, for trial of impeachments....................  615b

    [[Page 1310]]

    Affrays.  See Decorum.
    Age.
            As qualification of a Representative......................     9
            As qualification of a Senator.............................    35
            As qualification of the President of the United States....   154
            Reference to, as a qualification of suffrage..............   226
            Right to vote extended to persons 18 years or older.......   257
    Aging.
            Former select committee on................................   784
    Agree, motion to.
            Amendments in order on motion to..........................   487
            Negative of, equivalent to affirmative of disagree........   487
            Order of precedence of............... 486, 528, 528a, 528b, 528d
            Precedence of motion to amend over motion to agree or
                disagree.................................... 528, 528b, 528d
            Priority of amendments over..................... 456, 528b, 528d
    Agreements among States.  See States.
    Agriculture.
            Committee on, history and jurisdiction of.................   715
    Aid to enemies of United States.  See Treason.
    Alliance among States.  See States.
    Alteration of a bill.  See Bills.
    Ambassadors.
            Admitted to the floor of the House........................   678
            Duty of President to receive..............................   172
            Gallery for use of........................................   682
            Judicial power extends to cases affecting.................   178
            Jurisdiction of Supreme Court in cases affecting..........   179
            President appoints........................................   166
    Amend, motion to.
            General conditions of.
    Conditions, form, and precedence of the motion.................. 922-927
                In order to amend motion to commit with instructions
                    unless previous question ordered..................   917
    Must be germane................................................. 928-940
                Not to be applied to a conference report..............   550
    Not in order in third degree................................... 454, 923
    Precedence of.................................................. 911, 926
    Precedence of motion to, over motion to agree or disagree.... 528, 528a,
                                                                  528b, 528d
                Precedence of motion to, over one to strike or agree..   456
                Rule as to offering, degree of........................   922
                Substitute............................................   922
    To title of a bill........................................ 427, 512, 922
                Withdrawal of.........................................   925
                Yields to motion to refer.............................   449

    [[Page 1311]]

            Relations of.
    Application of previous question to............................ 450, 994
    Not applicable to the previous question........................ 452, 927
    Relations of, to motion to postpone.................. 449, 451, 453, 927
                Relations of, to other motions........................   927
                Relations of, to points of order......................   924
            Striking and inserting.
    Matter to be inserted not divisible............................ 920, 921
    Negative of motion to strike not a bar to further amendment.... 920, 921
                Relations to motion to strike enacting words..........   988
    To strike and insert not divisible............................. 920, 921
    Amendment.
            General conditions of.
                Amending portions of bill already amended.............   469
    Form, conditions, precedence of................................. 922-927
                Commemoratives prohibited.............................   823
                Conferees restricted as to action on Senate amendments
                    proposing appropriations..........................  1076
                Copies of, furnished by Clerk.........................   978
    Co-offerors not permitted...................................... 825, 923
                Closing debate on.....................................   959
    Divisibility of amendments............................. 921, 1042, 1063a
                Do not have several readings as in case of bills......   496
    En bloc..................................................... 1042, 1063a
                Modification of.......................................   922
    Not in order in the third degree............................... 454, 923
                Of a conference report not in order...................   542
    Of motion to adjourn........................................... 585, 927
    On general appropriation bills, limited...................... 1039-1063a
    On general appropriation bills, en bloc..................... 1042, 1063a
                Priority of, over motions to strike or agree..........   456
                Proposing a commemorative prohibited..................   823
                Proposing an appropriation prohibited.................  1065
                Proposing settlement of certain claims prohibited.....   822
    Proposing taxes or tariffs............................. 1066-1068, 1076a
                Reading, motion to dispense with, in Committee of the
                    Whole.............................................   986
    Relation of, to division of the question for voting............ 482, 921
                Relation of point of order to motion to amend.........   924
    Right of Member who has spoken to the main question to speak to an
    amendment...................................................... 465, 959
    Self-executed adoption of amendments by special rule.......... 928, 1065
                Senate may concur with, on revenue bills..............   102

    [[Page 1312]]

                Separate vote on Senate, if not germane...............  1091
    Speaker not to decide as to legislative or legal effect or
    consistency of................................................. 466, 629
            Germane.
                Required to be germane................................   928
                Amendment being considered, which would have been
                    subject to a point of order, may be perfected by
                    amendments germane to it..........................  1052
                Amendments imposing conditions, qualifications and
                    limitations.......................................   940
                Amendments to bills amending existing law.............   939
                Amendments to special orders reported from Committee
                    on Rules..........................................   928
                Committee jurisdiction as test of germaneness.........   934
                Fundamental purpose as test of germaneness............   933
                General provision not germane to a specific subject...   937
                Instructions to committees and amendments thereto must
                    be germane........................................   930
                One individual proposition not germane to another.....   936
                Parliamentary law as to germaneness...................   467
                Proposition to which amendment must be germane........   929
    Senate amendments and matter contained in conference reports,
    procedure for consideration if not germane.............. 931, 1090, 1091
                Specific subjects germane to general propositions of
                    the class.........................................   938
                Subject matter as test of germaneness.................   932
                Various tests of germaneness are not exclusive........   935
            Striking and inserting.
                Application of the motion to strike...................   472
                Conditions of repetition of motions to strike and
                    insert............................................   471
                Conditions of striking an amendment already agreed to.   474
                Effect of affirmative vote on motion to strike and
                    insert............................................   473
    Motions to strike and insert not divisible..................... 920, 921
    Negative decision on motion to strike not bar to further amendment
                                                                    920, 921
                Principles as to perfecting, before inserting or
                    striking..........................................   469
                Priority of perfecting amendments over................   456
                Reading the motion and putting the question on motion
                    to strike and insert..............................   470
                To strike certain words of a bill.....................   468
            Of bills.
                Action of House on those, reported from a committee...   423
                Clerk makes corrections of section numbers of.........   479

    [[Page 1313]]

                For joining and dividing bills........................   476
                For transposing the sections..........................   477
                In ``House as in Committee of the Whole''.............   427
                Method of noting amendments to a bill.................   417
                Numerical designations of amendments printed in Record   987
                Of bills in standing and select committees............   412
    Offered after second reading and before engrossment and third
    reading........................................................ 428, 497
                Order of amending bills in the House..................   413
                To the preamble.......................................   414
    To title of a bill, parliamentary law as to............... 427, 512, 922
            In Committee of the Whole.
                Dispensing with reading of certain amendments in
                    Committee of the Whole............................   986
    Amendments preempted by motion to rise after appropriation bill
    read.................................................. 1039, 1040, 1044b
                Numerical designations of amendments printed in Record   987
    On general appropriation bills, en bloc..................... 1042, 1063a
                Pro forma, in Committee of the Whole..................   981
                Printing in Record of proposed, 10 minutes debate
                    required on, in Committee of the Whole............   987
                Reading concurrent resolution on budget for amendment.   990
    Rule as to consideration of, in Committee of the Whole.... 978, 980, 981
    Withdrawal of, in Committee of the Whole....................... 925, 978
            By Committee of the Whole.
                Consideration and report of, by Committee of the Whole   336
                Consideration of, by the House after report from
                    Committee of the Whole............................   337
                For filling blanks, and amending numbers..............   455
                For filling blanks as to time.........................   475
                For filling blanks left by the other House............   478
                Former automatic de novo votes in House where
                    Delegates' votes decisive in Committee of the
                    Whole.............................................   985
                Not to be withdrawn when reported from Committee of
                    the Whole.........................................   335
            Of Journal.
    Cut off when previous question is ordered on motion to approve
    Journal......................................................... 74, 621
                Nature of.............................................    74
    Precedence of................................................... 74, 621
                Scope of..............................................    71
            To the Constitution.
                Differences as to, committed to conference............   530

    [[Page 1314]]

                Jurisdiction over.....................................   729
    Methods of making............................................... 190-193
                Not approved by the President.........................   115
    The twenty-seven................................................ 208-258
    Two-thirds vote on conference report as to..................... 192, 549
                Two-thirds vote not necessary on amendments to a
                    resolution proposing a constitutional amendment...   192
                Two-thirds vote required on amendment of other House
                    to joint resolution proposing a constitutional
                    amendment.........................................   192
                Yeas and nays not necessarily taken on................    76
    Amendments between the Houses.
            General principles as to.
                Amendments to Senate amendment may not contain
                    appropriation on legislative bill.................  1065
                Degree of amendments between the Houses...............   529
    Discussion of, in Jefferson's Manual............................ 521-529
    Germaneness, separate vote on Senate amendments included in
    conference reports or reported in disagreement if not germane...... 931,
                                                                  1090, 1091
    Germaneness, amendments to Senate amendment should be germane...... 931,
                                                                        1091
                Germaneness, reference of nongermane Senate amendments
                    to committee......................................   874
    Senate amendments to legislative bills containing appropriations
                                                                  1076, 1065
    Senate amendments to appropriation bills containing legislation... 1076,
                                                                        1084
    Senate amendments containing taxes or tariffs............... 1066, 1076a
    Stage of disagreement on............................... 528a, 528c, 1074
    Status of, after rejection of a conference report............. 551, 1090
    Text to which both Houses have agreed not to be changed....... 527, 1088
                Two-thirds vote required on agreeing to amendment of
                    the other House to a constitutional amendment.....   224
            Parliamentary principles relative to motions as to.
    Adherence and conference, relations of......................... 553, 554
                Disagree, amendments in order on motion to............   487
    Disagreeing, insisting, and adhering................ 521, 522, 526, 528b
    Division of question on....................................... 525, 528d
    Receding, discussion in Jefferson's Manual...................... 523-526
    Receding, one House not to recede from its own amendment with an
    amendment; or depart from form fixed by adherence.............. 524, 526

    [[Page 1315]]

                Receding, practice of the House as to receding from
                    its own amendment to a bill of the other House....   524
                Receding, practice of the House as to receding from
                    disagreement to amendment of the other House......   525
                Previous question, motion to amend not in order when
                    demanded on motion to concur......................   486
                Previous question, motion to recede not in order when
                    ordered on motion to adhere.......................   525
    Previous question, effect of demanding or ordering on the motion
    to refer...................................................... 486, 1002
    Lay on the table................................... 519, 528b, 528d, 914
    Refer.............................................. 486, 528d, 916, 1002
    Reject nongermane matter in.................................. 1089, 1091
                Send to conference,  see Conferences.
            Precedence of motions as to.
    Precedence of motions for disposition of...... 486, 519, 525, 528, 528a,
                                     528b, 528d, 916, 1002, 1084, 1089, 1091
    Precedence of motions before stage of disagreement...... 486, 528, 528a,
                                                                       528b,
    Precedence of motions after stage of disagreement........ 486, 525, 528,
                                                                 528a, 528d,
    Precedence of motions to dispose of nongermane matter in
    conference reports........................................... 1089, 1090
    Precedence of motions to dispose of nongermane matter reported in
    disagreement................................................. 1089, 1091
                Precedence of motion to insist as to legislative
                    amendment to appropriation bill...................  1084
    Precedence of motion to adhere.......................... 486, 528b, 528d
            Equivalent questions as to.
    Discussion of equivalent questions on motions relating to....... 485-488
                Equivalent questions on motions to agree and disagree
                    as related to amendments..........................   487
                No equivalent questions on motions to recede, insist,
                    and adhere........................................   488
            Consideration of.
    Consideration, generally............. 528, 528a, 1072, 1073, 1075, 1076a
                Debate on amendments reported in disagreement.........  1086
                Legislative amendments to appropriation bills.........  1084
    Nongermane Senate amendments in conference reports or reported in
    disagreement.................................................. 1089-1091
    Senate amendments carrying a tax or tariff.................. 1066, 1076a
    Senate amendments in Committee of the Whole............ 528a, 1072, 1073

    [[Page 1316]]

    Senate amendments in House.............. 528a, 873, 874, 1071-1073, 1075
                When privileged.......................................  1075
                Reference of Senate amendments from Speaker's table... 528a,
                                                                    873, 874
    When consideration of Senate amendments should be in Committee of
    the Whole.................................................... 528a, 1073
            Conferences on.  See Conferences.
    Announcement of vote.  See Voting.
    Answer.
            In an impeachment...................................... 612, 613
            Right of accused to be heard before an investigating
                committee.............................................   803
    Apology of Members to the House for disorder.  See Decorum.
    Appeal.
            From decisions of Speaker......................... 379, 627, 628
            Debate on.................................................   628
            Guaranty against arbitrary control of Speaker.............   629
            House controls decisions of the Speaker by................   379
            From decisions of the Clerk at organization...............   643
            None on a question of recognition and on counts by Chair
                                                                    629, 949
            None on decision as to dilatory motions................ 629, 903
            None on catastrophic quorum failure report................  1024
            None on refusal to entertain prohibited point of order of
                no quorum.............................................   629
            None from responses to parliamentary inquiries............   629
            On timeliness of an objection.............................   629
            On questions as to priority of business decided without
                debate................................................   884
            Withdrawal of.............................................   629
    Appearance.
            Of respondent in an impeachment................... 608, 610, 611
            Right of accused to be heard before investigating
                committee.............................................   803
    Appellate jurisdiction of Supreme Court.  See Supreme Court.
    Application of laws to legislative branch.  See Congressional
        Accountability.
    Appointments.
            President makes...........................................   166
            Power of Congress as to...................................   166
            In recess of the Senate by the President..................   167
            Of select and conference committees, rules and practice as
                to....................................................  317,
                                                                    637, 782
            Of committee staff,  see Committee staffs.

    [[Page 1317]]

    Apportionment.
            Adjustment by districts................................ 226, 227
            First and last............................................    15
            Jurisdiction of matters relating to interstate compacts on
                apportionment of water for irrigation purposes........   731
            Jurisdiction of subjects relating to generally............   724
            Of Representatives among the several States...............   226
            Old provision for.........................................    14
            Questions as to elections in relation to congressional
                districts.............................................   228
            Reduction of basis of, for abridgment of the suffrage.....   226
            Requirement that congressional districts be equally
                populated.............................................   229
    Appropriation bills, general.
            Privilege and consideration of.
                Considered in Committee of the Whole..................   973
                Designated emergencies................................  1041
                Exempt from Unfunded Mandates Reform Act..............  1127
                Not privileged against Calendar Wednesday.............   901
    Offsetting amendments to.................................... 1042, 1063a
    Point of order against motion to rise on an appropriation bill
    where the bill exceeds a section 302(b) allocation................ 1044b
                Precedence of, in Committee of the Whole..............   977
                Precedence of, in order of business...................   856
    Privileged for report and consideration........................ 853, 855
                Public, placed on Union Calendar......................   828
                Reported by Committee on Appropriations only..........   717
                Report on must describe changes in existing law.......   847
                Restrictions on conferees.............................  1076
                Spending reduction account, transfers to.............. 1063b
                Vote on, by yeas and nays.............................  1033
            Authorizations, legislation, and limitations.
    Authorization of law for appropriations................ 1036, 1038, 1045
                Authorization for claims and salaries.................  1046
                Authorization for committee expenses..................   763
                Authorization for public works........................  1047
                Burden of proof on those proposing appropriation on...  1044
                Continuation of a public work by appropriations.......  1048
                Continuation of a public work, examples illustrating..  1049
                Continuation of a public work, new buildings at
                    existing institutions as a........................  1050
                Continuation of a public work, new vessels for naval
                    and other services as in..........................  1051
                Legislation on appropriation bills:
                    Contingencies and congressional action............  1055
                    Construing or amending existing law...............  1056
                    Generally.........................................  1052

    [[Page 1318]]

                    Imposing duties or requiring determinations.......  1054
                    Mandating expenditures............................  1057
                    Retrenching expenditures in order (Holman rule)... 1038,
                                                                  1040, 1062
                    Rule prohibiting.............................. 1038-1040
                    Senate amendments...................... 1076, 1058, 1084
                    Waivers; amending legislation permitted to remain.  1058
                    Limitations on appropriation bills generally......  1053
    Limitations on, in order..................................... 1040, 1053
                    Effect of, on executive discretion................  1054
                    Consistent with existing law................. 1040, 1056
                    Amendments at end of reading in Committee of the
                        Whole.........................................  1040
                Points of order on general appropriation bills........  1044
                Unauthorized appropriations and legislation on general
                    appropriation bills...............................  1036
    Unexpended balances not to be included unless in continuation of
    public work already commenced................................ 1037, 1063
    Appropriations.
            Conditions of.
                Advance, point of order against.......................  1127
                Annual, committee endeavor to insure..................   755
                Estimates of, transmission and reference..............   827
                Jurisdiction of.......................................   716
                Necessary for drawing money from Treasury.............   143
                None for armies for a longer term than two years......   129
                Propositions for, considered in Committee of the Whole   973
                Senate amendments proposing, may not be agreed to by
                    House conferees under certain conditions..........  1076
                To be made by law.....................................   143
            Committee on.
                Budget Act procedures for, including referral to, of
                    bills providing new entitlement authority.........   745
    Must show, in report on general appropriation bill, effect of any
    provisions changing existing law.................................... 847
    Staff for................................................. 772, 776, 778
                Subcommittee markup of all appropriation bills before
                    report of first regular appropriation bill........   835
                Rescissions of appropriations, jurisdiction over......   716
                Separate headings for rescissions and transfers of
                    unexpended balances required in certain bills and
                    reports...........................................   716
    Sequential referral to, of bills containing new entitlement
    authority exceeding budget resolution allocation........ 1128 (sec. 401)

    [[Page 1319]]

                Budget hearings, within 30 days after transmittal of
                    budget............................................   745
    Powers and duties concerning appointments, qualifications of staff
                                                          763, 773, 778, 779
                To study existing permanent appropriations with view
                    to reducing.......................................   747
                To study organization and operation of agencies.......   743
            Committees not having jurisdiction of.
                May not report an appropriation.......................  1065
                Point of order may be made at any time................  1065
                Point of order may be made against amendment to Senate
                    amendment.........................................  1065
    Approval.
            Of bills by President.  See also Enrolled bills.
                As to approval of concurrent resolutions by...........   396
                Errors as to..........................................   106
                Notice of.............................................   106
                Of bills, effect of intervening recess on.............   814
                Of joint resolutions..................................   397
                Of orders, resolutions, and votes, as to presentation
                    for...............................................   115
                Parliamentary law as to presenting a bill for the
                    King's assent.....................................   572
                President's approval given by signature...............   104
                Presentation of enrolled bills to.....................   577
                Signing of enrolled bills for presentation to the
                    President.........................................   575
    Time and conditions of signature.......................... 104, 105, 111
    In general...................................................... 73, 621
                Amendment precedes....................................    74
                Place of, in order of business........................   869
    Architect of the Capitol.
            Office of................................................. 1125e
            Admitted to floor of the House............................   678
    Armed Services, Committee on.
            History, jurisdiction and duties of.......................   718
            Special oversight functions of............................   744
    Armies.
            Congress to raise and support.............................   129
            Congress to make rules for................................   131
            No appropriation for a longer term than two years.........   129
            States not to keep troops in time of peace................   148
    Arming.
            Of the militia............................................   133
    Arms.
            Right of people to keep and bear..........................   209

    [[Page 1320]]

    Army.
            Officers in, disqualified as Members......................    98
            President, Commander in Chief of..........................   160
            Trial for crimes in.......................................   212
    Arrest.  See also Absence.
            House releases a Member under.............................   305
            Jefferson's discussion of privilege of Member of Congress
                as to.............................................. 288, 289
            Members liable to, for absence although attending a
                committee with leave to sit...........................   324
            Of Members for absence................................ 1021-1023
            Privileges of Members of Parliament as to......... 287, 305, 307
            Privilege of Senators and Representatives from........... 90, 91
            Speaker's power to order, doubtful........................   622
    Arsenals.
            Power of Congress over places purchased for...............   134
            Jurisdiction of subjects relating to......................   718
    Art.
            Works of, duty of Committee on House Administration as to.   724
    Articles of impeachment.  See Impeachment.
    Assaults.
            Arrest and imprisonment in case of, on Member returning...    91
            Members punished for................................. 62-66, 294
            On clerk of a committee in the Capitol a question of
                privilege.............................................   773
            On Members for words spoken in debate.....................    92
            On Members, power of House to punish for..................   294
            Proceedings in cases of, on the floor.....................   367
            Speaker takes Chair to quell disorder from, in Committee
                of the Whole.................................. 331, 332, 622
    Assembly.
            Of Congress at least once every year.................... 45, 242
            Rights of people as to....................................   208
    Assent.  See Approval.
    Attainder.
            No bill of, to be passed..................................   139
            States not to pass bill of................................   146
            Limitations of, for treason...............................   182
    Attendance.  See also Absence; Quorum.
            Count of Members present to secure a quorum of record.....  1020
            At committee meetings when House is in session............   801
            Jurisdiction of matters relating to.......................   679
            Leave for committee to sit does not release its members
                from, during call of the House........................   324
            Names of absent, reported when quorum fails in Committee
                of the Whole..........................................   982

    [[Page 1321]]

            Members may be compelled to attend........................ 52-55
            Members privileged from arrest during.................... 90, 91
            Members to be present unless excused......................   671
            Of Commons and House of Representatives at an impeachment
                trial.............................................. 616, 617
            Secured by call of the House................... 1014, 1021, 1025
    Attending Physician.
            Office of................................................. 1125d
    Attest.
            Of Clerk on bills, writs..................................   648
    Attire.
            Of Members............................................. 622, 962
    Attorneys.
            Admission of, in investigations...........................   348
            Role in impeachment..................................... 601-620
    Auditing.
            Of accounts against contingent fund (applicable accounts
                of the House).........................................   724
    Authorization of Law.  See Appropriation bills.
    Authors.
            Congress may provide for copyrights for...................   124
    Availability.
            Of reported bills, before floor consideration................850
            Of introduced bills, before floor consideration........... 1068j
    Aviation programs, funding for.
            Point of order............................................ 1064a
    Bail.
            Excessive not to be required..............................   215
    Balanced Budget and Emergency Deficit Control Act.  See Budget.
    Ballot.
            Rule for voting by........................................  1034
            House of Representatives elects President by..............   221
            Members not to remain by Clerk's desk during count of.....   962
            Presidential electors vote, by in several States..........   219
            Record of, in Journal.....................................    72
            Speaker required to vote on...............................   631
    Banking and Financial Services, [now Financial Services] Committee
        on............................................................   722
    Bankruptcy.
            Power of Congress to make laws on.........................   120
            Jurisdiction of bills relating to.........................   729
    Bar, of House.
            Method of examining witnesses at..........................   343
            Trials at, and arraignment of contumacious witnesses at...   344

    [[Page 1322]]

    Bells (legislative call system)...................................  1016
    Bicentennial, former Office of House..............................   669
    Bill of Attainder.
            None to be passed.........................................   139
            States not to pass........................................   146
    Bills.
            Forms, printing, loss, alteration.
                Distinction between a bill and a joint resolution.....   397
                Indorsement of the title on an engrossed bill.........   431
                Loss of...............................................   352
                Improper alteration...................................   352
            Introduction of.
                By request............................................   826
                Commemoratives prohibited.............................   823
                Constitutional authority statement....................  826a
                Cosponsorship of public...............................   825
                Cosponsorship of public, more than one Member
                    designated as first sponsor.......................   825
    Obsolete provisions as to introduction and readings of.......... 398-400
                Reservation of certain bill numbers...................   825
                Signing of, by chief sponsor..........................  825a
            Reference of.
                By Speaker to committees..............................   816
    Committal of, on third reading............................ 494, 916, 994
    Correction of, error of reference......................... 824, 825, 869
                Custody of, in committees.............................   695
                Delivery of bills to committees.......................   403
    House may send to any committee............................... 816, 816c
    House bills returned with Senate amendments on a different subject
                                                                    873, 874
                Not to be brought back from committees on motion to
                    reconsider........................................  1011
                Parliamentary law (largely obsolete) as to reference
                    of................................................   401
    Public......................................................... 816, 825
    Recommittal of, to select or standing committees or Committee of
    the Whole.......................................... 420, 994, 1001-1002c
    Referral procedures, multiple referrals or referral to ad hoc
    committee..........................................816, 816a, 816b, 816c
    With amendments between the Houses... 486, 528-528d, 873, 874, 916, 1002
            Consideration by committees and report.  See Committees.
            In Committee of the Whole.  See also Amendments; Calendar
                Wednesday; Committee of the Whole.
    Consideration of nonprivileged bills, after call of committees..... 882,
                                                                         883

    [[Page 1323]]

                Construction of the rule requiring consideration in...   973
    Debate in Committee of the Whole................ 948, 957, 978, 979, 987
    Designation of public works, consideration prohibited............. 1068a
                Elimination of portions of general appropriation bills  1044
                Forms of going into Committee of the Whole............   328
                General practice as to consideration..................   973
                Old parliamentary usage as to consideration of matters
                    as modified by House rules and practice...........   326
                Order of House to consider certain bills in Committee
                    of the Whole precludes report of others...........   335
                Precedence of revenue and appropriation bills in
                    Committee of the Whole............................   977
                Precedence of motion to go into Committee of the Whole
                    to consider general appropriation bills...........   856
                Question of order on appropriation bills..............  1044
                Reading and amendment under five-minute rule..........   980
    Recommittal of bills to Committee of the Whole........... 420, 988, 1001
                Revenue and appropriation bills considered in
                    Committee of the Whole............................   973
    Subjects not requiring consideration in Committee of the Whole.... 528a,
                                                                         973
                Subjects requiring consideration in Committee of the
                    Whole.............................................   973
                Unfinished business in Committee of the Whole.........   879
                Withdrawal of amendments in Committee of the Whole....   925
            Consideration and amendment in House.
                Action on, in the House after being reported from
                    committee.........................................   423
                Amended after second reading..........................   428
                Amendments of, before third reading...................   497
                Amendments for joining and dividing...................   476
                Amendment to the title of.............................   922
                Amendment to the title of, in ``House as in Committee
                    of the Whole''....................................   427
                As to possession of, by the House.....................   437
                Consideration of a preamble...........................   414
                Consideration of, when reported from Committee of the
                    Whole.............................................   337
                Filling blanks left by the other House................   478
                House in perfecting does not agree to paragraph or
                    sections of, individually.........................   456
                Order of considering and amending in the House........   413
                Obsolete requirement as to reading of amendments to...   496

    [[Page 1324]]

                Parliamentary law as to amendment to the title........   512
                Presumed to have gone through the stages when reported
                    from Committee of the Whole.......................   335
                Prohibition against retroactive income tax rate
                    increase..........................................  1068
                Transposition of sections of, by amendments...........   477
            Reading, engrossment, and passage.
                Generally.............................................   941
                First and second readings.............................   942
                Manner of reading a bill the second time..............   428
    Third reading by title after engrossment....................... 941, 943
                Debate in relation to third reading...................   498
                Test of strength on engrossment after amendment.......   429
                Test of strength on a bill before amending............   430
    Obsolete requirements as to third reading and passage.......... 492, 493
                Putting the question on the passage of................   499
                Clerk certifies to passage of all.....................   648
                Question on rejection of, comes indirectly............   484
                Division of, not in order, on vote on engrossment or
                    passage...........................................   921
                Three-fifths vote to increase income tax rates........  1067
                Voting on.............................................   944
                Yeas and nays automatically ordered on appropriation
                    and tax measures and on concurrent resolution on
                    the budget........................................  1033
                Speaker's discretionary authority to postpone further
                    proceedings on the question of passage............  1030
            Effect of rejection or passage of.
                Action on similar bill after rejection................   944
                Once rejected not to be brought up again at the same
                    session...........................................   515
                Exceptions to the rule against bringing up a matter
                    once rejected.....................................   517
                Expedients for changing the effect of bills once
                    passed............................................   516
                Bills not altered after their passage.................   500
                Use of joint resolution to correct error in bill sent
                    to the President..................................   518
                Passage of supplementary bills........................   518
                Obsolete parliamentary practice as to riders..........   495
                Procedure on loss of..................................   352
                Improper alteration of................................   352
            Action of the two Houses on.
    Both Houses pass identical..................................... 873, 944
                Fail when both Houses continue to insist or adhere....   522

    [[Page 1325]]

                For raising revenue to originate in House.............   102
                From the other House laid on the table................   519
                Information from the other House as to................   520
                Lost when conference report is not acted on...........   549
                Not to be noticed in other House until communicated...   308
                Rejection of, communicated to the other House.........   568
                Votes by which they are passed not communicated.......   567
                When neglected by the other House.....................   570
            Enrollment and presentation to President for approval.
    Enrollment, signing, and presentation to the President for
    approval........................................................ 572-577
    Former duties of Committee on House Administration as to
    enrollment................................................ 577, 724, 754
                Report as to accuracy of enrolled.....................   625
                Reports as to accuracy of enrolled, privileged........   648
                Rule of Parliament as to enrollment...................   573
    Speaker signs enrolled......................................... 624, 625
                Speaker declines to sign enrolled, when motion to
                    reconsider is pending.............................  1007
                Speaker pro tempore signs under conditions............   632
                Speaker's signature vacated...........................   625
    Presented to the President for approval................... 104, 105, 110
                Errors in when sent to the President..................   110
    Become laws without President's approval under conditions....... 111-113
                Effect of recess of Congress before approval..........   814
    Method of approval........................................ 104, 105, 110
    Method of disapproval........................................... 104-109
                Notice of approval....................................   106
                Notice and action as to disapproval...................   104
                When signed by President deposited with Archivist.....   105
                When vetoed and passed deposited with Archivist.......   109
            Private.  See Private bills.
    Bills of credit.
            States not to emit........................................   146
    Bipartisan Legal Advisory Group.
            Establishment.............................................  670a
            To be consulted by the Speaker............................   670
    Blanks.
            Rule as to filling by amendment...........................   455
            Amendments, filling as to time............................   475
            Filling those left by the other House.....................   478
            Not counted in vote by ballot.............................  1034

    [[Page 1326]]

    Blood, corruption of.
            For treason...............................................   182
    Bonded debt.
            Jurisdiction of subjects relating to......................   741
    Books.
            Not to be taken from the Clerk's table during debate......   364
    Borrow.
            Power of Congress to borrow money.........................   118
    Botanic Garden.
            Under control of Committees on House Administration and
                Transportation and Infrastructure.................. 724, 739
    Boundary lines.
            Jurisdiction of bills relating to...................... 723, 729
    Bounties.
            Debt incurred for, certain not to be questioned...........   232
    Breach of the peace.
            Members not privileged from arrest for................... 90, 91
            Relation of privilege to cases of...................... 305, 306
    Bribery.
            An impeachable offense....................................   173
            Power of House to punish attempts at, on Members....... 293, 294
    Bridges.
            Bills for construction of certain banned..................   822
    Broadcasting.
            Press coverage of committee hearings............... 796, 807-812
            Of House proceedings, rule for............................   684
    Budget.
            Committee on the.
    Authoritative guidance on budgetary levels provided by...... 1105d, 1127
                                                                  (sec. 312)
    History, composition, jurisdiction, and duties................. 719, 758
                Special oversight functions of........................   748
                Studies and reports required of.......................   748
                Staff for, former rule on appointment of..............   778
                Submissions to, from standing committees..............   756
                Quorum requirements in................................   800
                Privileged reports by.................................   853
            Concurrent resolution on the.
                Amendments to must be mathematically consistent and
                    contain certain matter............................   990
    Consideration of........................................ 1127 (sec. 305)
                Considered read after general debate..................   990
    Definition of............................................. 1127 (sec. 3)
    Limitation on reconciliation directive in......................... 1068b
    Procedures contained in................................. 1127 (sec. 301)
    Timetable for budget process............................ 1127 (sec. 300)

    [[Page 1327]]

                Yeas and nays automatically ordered...................  1033
            Congressional budget process.
    Application of points of order to unreported measures............. 1068c
    Definitions............................................... 1127 (sec. 3)
    Timetable............................................... 1127 (sec. 300)
    Advance budget and revenue authority ineligible for consideration
    before adoption of concurrent resolution................ 1127 (sec. 303)
                Committee on the Budget must handle budget legislation  1127
                                                                  (sec. 306)
    Appropriation bills reported before June 10............. 1127 (sec. 307)
    July adjournment not in order--
                    Until House passes appropriation bills....... 1127 (sec.
                                                                        309)
                    Until reconciliation legislation completed... 1127 (sec.
                                                                        310)
    Reports, summarized projections......................... 1127 (sec. 308)
    Reconciliation process.................................. 1127 (sec. 310)
    Budget authority and revenue legislation to be within appropriate
    limits.................................................. 1127 (sec. 311)
                Rule establishing public debt limit as part of, rule
                    for...............................................  1104
            Provisions to improve fiscal procedures.
    Bills providing certain entitlement authority may not be
    considered.............................................. 1128 (sec. 401)
    Certain bills providing entitlement authority to be referred to
    Committee on Appropriations........................ 747, 1128 (sec. 401)
    Cost estimate by Congressional Budget Office............ 1128 (sec. 407)
                Balanced Budget and Emergency Deficit Control Act.....  1128
                Budget Enforcement Act of 1990........................  1129
            Generally.
                Budget Act procedures by Committee on Appropriations..   747
    Congressional Budget Office, functions of... 748, 1081, 1119, 1127, 1128
                Emergency designations in appropriation bills.........  1041
                Hearings on by Committee on Appropriations............   746
                Legislation not to increase mandatory spending........ 1068f
    Point of order against motion to rise on an appropriation bill
    where the bill exceeds a section 302(b) allocation................ 1044b
                Program review and evaluation.........................  1010
                Transmittal of budget by President....................   169
                Year-ahead requests for new budget authority..........  1129
            Impoundment Control Act and line item veto authority.
    Line item veto authority....................................... 1130(6b)

    [[Page 1328]]

    Procedures on rescission bills and impoundment resolutions..... 1130(6a)
    Buildings, office.
            Assignment of rooms in....................................  1114
    Buildings, public.
            Appropriations for, as in continuance of a public work.... 1037,
                                                                        1050
            Power of Congress over places purchased for...............   134
            Jurisdiction as to, generally.............................   739
            Jurisdiction as to buildings abroad.......................   723
            Jurisdiction as to marine hospitals.......................   721
            Jurisdiction of bills for penitentiaries..................   729
    Burden of proof.
            On proponent of amendment, as to germaneness..............   928
            On those proposing items in a general appropriation bill..  1044
    Business.  See also Order of business.
            In general.
                As related to election of Clerk.......................    30
    May be transacted only by quorum............................ 52, 55, 510
                Not transacted before approval of Journal.............   621
                Parliamentary law as to that pending at the end of a
                    session...........................................   592
                Obsolete law as to, at end of a session...............   385
                Resumption of business of a preceding session of
                    Congress..........................................   814
            Order of.
                Jurisdiction of matters relating to...................   733
            Unfinished.  See Unfinished business.
    Cabinet.
            Majority of and Vice President to determine Presidential
                inability.............................................   255
            President may require opinions from members of............   161
            Of President, gallery for use of..........................   682
    Calendar Wednesday.
            In order to consider President's veto.....................   901
            Limited application of precedents before the 111th
                Congress..............................................   900
            Privilege of general appropriation bills limited on.... 856, 901
            Rule for order of business on.............................   900
    Calendars.
            Corrections Calendar, former,  see Corrections Calendar,
                former.
            The three for reports of committees.......................   828
            Adverse reports........................................ 832, 893
            For motions to discharge committees.................... 830, 892
            Former, for unanimous consent and decisions...............   899

    [[Page 1329]]

            Reports filed with the Clerk for reference to.............   831
            Of Committee of the Whole, order of taking up bills on....   977
            Publication and distribution of...........................   649
    Call of committees.
            In order on Calendar Wednesday............................   900
            Interruption of, for consideration of nonprivileged bills
                in Committee of the Whole.......................... 882, 883
            Place of, in order of business............................   869
            Rule and practice for consideration of bills during.... 880, 881
            Unfinished business in.................................. 876-879
    Call of the House.  See also Absence.
            Motion for, in order in absence of quorum.................    55
            After previous question is ordered........................  1029
            Arrest of Members.................................... 1021, 1023
            Call of the House.................................... 1025, 1026
            Call of the House in the old form..................... 1021-1024
            Clerks to tell Members present............................  1025
            Count of those not voting to make a quorum of record on a
                record vote...........................................  1020
            Dispensing with, after quorum appears................ 1025, 1028
            Electronic equipment for..................................  1014
            Motions during a call of the House........................  1024
            Ordering and conducting the call of the House in the old
                form..................................................  1022
            Power to compel attendance............................... 52, 55
            Rule of Parliament as to..................................   311
            Speaker may recognize for motion for at any time..........  1028
    Call to order.
            For disorder in debate................................. 960, 961
            May interrupt Member having floor.........................   393
    Campaign contributions.
            Jurisdiction of matters relating to.......................   724
            Prohibition on distribution of in Hall of House...........   683
    Capitation tax.
            To be in proportion to census.............................   140
    Capitol.
            Speaker's control of House wing of........................   623
            Architect of, admitted to floor of the House..............   678
            Preservation Commission................................... 1125a
            Police, duties of Sergeant-at-Arms as to..................   656
    Captures.
            Congress to make rules concerning.........................   127
    Caucus.
            Held in Hall of House.....................................   677

    [[Page 1330]]

            Party caucuses nominate Members for election to standing
                committees............................................   757
            Majority caucus nominates chairs of standing committees...   761
            Membership is required for committee membership........ 760, 782
            Early organizational......................................  1126
    Cemeteries, national.
            Jurisdiction of bills relating to................. 718, 731, 740
    Censure.
            Course of a Member, when subject of debate as to..........   375
            For assault on Member for words spoken in debate..........    94
            Instances of..............................................    65
            Of a Delegate.............................................   675
            Of a counsel before investigating committees..............   803
            Of Member when called to order in debate............... 960, 961
            Procedure of punishment by................................    65
            Punishment for personalities in debate....................   363
            Reprimand.................................................    64
            Speaker not to administer, of own authority...............   622
    Census.
            Taken as basis of apportionment...........................    15
            Capitation or direct taxes to be proportioned to..........   140
    Ceremonies.
            As to participation of the House in.................... 387, 388
            Use of Hall of the House for..............................   677
    Certificates.
            Of the electoral vote, transmittal and opening......... 151, 219
            Currency, jurisdiction of subjects relating to............   722
    Chair.
            Speaker takes it at hour of meeting, not waiting for
                ascertainment of a quorum.......................... 310, 621
            Speaker takes, to restore order in Committee of the Whole.   622
            To be addressed when a Member desires to interrupt in
                debate................................................   364
    Chairs.
            Of standing or select committee.
    Of standing committees elected by the House.................... 317, 761
    Administer oaths to witnesses............................. 343, 346, 805
    Duties relating to appointment, qualification, compensation of
    staff...................................................... 767, 771-781
                May be delegated power to issue subpoenas.............   805
                Preside over committee................................   317
                Prior claim of, to recognition........................   953
                Procedure of, in investigations.......................   803
                Procedure of, in submitting reports from standing or
                    select committees.................................   418

    [[Page 1331]]

                Reports to the House by, must be made promptly........   834
                Resignation of, presents question of privilege........   699
                Sign subpoenas issued by committee (or subcommittee)..   805
                Speaker appoints, of select and conference committees.   637
    Usually report from a standing or select committee............. 317, 415
                Vacancy or absence in the position of.................   761
                Vice chair presides in absence of.....................   793
            Of subcommittees.
                Former authority to appoint staff.....................   767
            Of Committee of the Whole.
    Selection of................................................... 327, 970
                Seating of............................................   328
    Administers oaths to witnesses................................. 343, 346
                Always reports from Committee of the Whole............   415
                Causes roll to be called on failure of a quorum and
                    reports unless proceedings are vacated............   982
                Functions of..........................................   971
                Power to preserve order...............................   970
                Report of, alone recognized...........................   335
            Of joint committee.
                Of a joint committee..................................   325
    Challenge.
            Of the right of a Member to take the oath.............. 202, 203
    Chaplain.
            Election and oath of......................................   640
            Offers prayer.......................................... 640, 665
            Place in order of business of prayer by...................   869
    Charges.
            Against a Member or Senator in course of an inquiry..... 321-323
            Course of Member when charges against such Member are
                debated...............................................   375
    Chief Administrative Officer.
            Election, oath, and removal of............................   640
            Duties of.................................................   661
            Duty to cooperate in the performance of reviews and audits   663
            Financial and operational reports to Committee on House
                Administration........................................   662
    Chief Justice.
            Pay of....................................................    86
            Role in impeachment proceedings............ 608a, 615, 615a, 618
    Citizens.
            Limitations on suits of, against States...................   218
            Of the United States and the several States...............   225
            Of States, judicial power extends to cases affecting
                certain...............................................   178

    [[Page 1332]]

            Privileges and immunities not to be abridged..............   225
            Privileges and immunities of, in States other than their
                own...................................................   184
            Right to vote of those eighteen years of age or older.....   257
            Those of the United States as to voting...................   234
    Citizenship.
            As qualification of Representative........................ 9, 10
            As qualification of a Senator.............................    35
            As qualification of the President of the United States....   154
            Reference to, as qualification for suffrage...............   226
    Civil aviation.
            Jurisdiction over subjects related to generally...........   739
            Jurisdiction over research and development................   735
    Civil offices.
            May be removed by impeachment.............................   173
            Members not to be appointed to certain....................    96
    Civil Service.
            Jurisdiction over, including intergovernmental personnel..   732
    Claims.
            In general.
                Amendments proposing settlement of certain, banned....   822
                Bills for settlement of certain, banned...............   822
                Authorization of payment of, on general appropriation
                    bills.............................................  1046
                Bills referring to Court of Claims considered in
                    Committee of the Whole............................   973
                Consideration of, on Tuesdays.........................   895
                Constitution not to prejudice certain.................   188
                Ex-Members interested in, not admitted to the floor...   678
                Jurisdiction of, generally............................   729
                Jurisdiction of war claims............................   729
                Jurisdiction of private land claims...................   731
                Jurisdiction as to certain foreign....................   723
                Jurisdiction of, against the United States............   729
                Jurisdiction relating to international and other......   723
                Reference of bills for private, restricted to certain
                    committees........................................   817
                Relation of officers and employees of House to........  1102
                Those for slaves not to be paid.......................   232
                Withdrawal of papers relating to......................   696
    Claims, Court of.
            Status of reports of, on the calendars....................   828
    Classes.
            Of Senators...............................................    33

    [[Page 1333]]

    Classified information.  See Information.
    Clerical staff of committees.  See Committee staffs.
    Clerk.
            Election and oath of.
                Election, oath, and removal of........................   640
    Election of, as related to business and adoption of rules........ 30, 59
                Oath administered to, by Speaker......................   198
                In absence of, designated official acts...............   651
            Duties at organization of House.
                Continues in office until successor is elected........   642
                Duties of, at organization of the House...............   643
                Makes up the roll for organization....................   644
    Officiates at election of Speaker.............................. 312, 643
                Sergeant-at-Arms maintains order under direction of,
                    pending election of Speaker.......................   648
            Legislative duties of.
                Allowing no papers to be taken from the table or out
                    of custody........................................   352
                Amending section numbers of a bill....................   479
                Announcing pairs......................................  1031
                Attesting and sealing writs, warrants, subpoenas......   648
                Receiving messages when House is in recess or is not
                    in session........................................   652
                Calendars, publication and distribution of............   649
    Call of the House............................................ 1021, 1025
                Calling the roll......................................  1015
                Certifying to passage of bills........................   648
                Collecting and transferring noncurrent records........   695
                Committees formerly to make accounting of funds to....   780
                Copies of amendments offered in Committee of the Whole   978
                Custody of committee papers...........................   695
                Custody of oath not to disclose classified information  1095
                Delivering resolutions of inquiry.....................   865
                Distribution of Journal and documents.................   647
                Former insertions in the Congressional Record relating
                    to committee staff................................   780
                Engrossment and enrollment of bills...................   648
                Introduction of bills.................................   818
                Making no changes in enrolling a bill.................   573
                Motions to discharge committees.......................   892
                Noting Members to make a quorum on a vote of record...  1020
                Noting questions of order with the decisions in the
                    Journal...........................................   647
                Papers on file........................................   696
                Reading motions.......................................   904

    [[Page 1334]]

                Referring reports to calendars........................   831
                Stands while reading..................................   428
                Taking a vote by clerk tellers........................  1012
                Taking a vote by the yeas and nays....................   504
            Executive duties of.
                Administration of vacant Member's office..............   653
                As member of Federal Elections Commission.............   642
                Delivery of documents.................................   650
                Deposits noncurrent records with Archivist............   695
                Discretionary authority as to printing................   642
                Duty to furnish to Members list of certain reports....   646
                Duty to cooperate in the performance of reviews and
                    audits............................................   655
                Duty under the gift rule..............................  1100
                Financial and operational reports to Committee on
                    House Administration..............................   654
                Formerly kept contingent and stationery accounts and
                    furnished stationery..............................   642
                Formerly made certain contracts.......................   642
                Maintains House library...............................   650
                Maintains list of Members to act as Speaker pro
                    tempore in the case of vacancy in Office of the
                    Speaker...........................................   632
                Role in payment of officers and employees.............   642
                Receives testimony taken in election cases............   642
    Clerks.
            Of Members, allowance for.................................    88
            Of committees,  see Committee staffs......................
            Of Speaker, Leaders, and Whips............................    88
    Clerk's desk (or table).
            Disorderly words taken down at......................... 960, 961
            Members may address the House from........................   945
            Members not to write at, or take books or papers from,
                during debate.........................................   364
            No Member to remain near, during record vote..............   962
    Cloakrooms.
            Exclusion of persons from.................................   679
    Closing debate.  See Debate.
    Coast Guard.
            Bills to correct certain discharge records banned.........   822
    Coastal zone management.
            Jurisdiction over subjects related to.................. 731, 739
    Code of Official Conduct.  See Official conduct.
    Codification.
            Of laws, jurisdiction of, bills for.......................   729

    [[Page 1335]]

    Coexisting questions.  See Questions.
    Coin.
            Congress to regulate value of.............................   121
            Congress may provide punishment for counterfeiting the....   122
            States to make gold and silver only a tender for payment
                of debts..............................................   146
            Power of Congress relating to coinage (including foreign).   121
    Colleges, agricultural.
            Jurisdiction of bills relating to.........................   715
    Comfort.
            To enemies of the United States........................ 181, 232
    Commander in Chief.  See President.
    Commemoratives prohibited.........................................   823
    Commerce.
            Energy and Commerce, Committee on.........................   721
            Jurisdiction of subjects relating to financial aid to.....   722
            Jurisdiction of subjects relating to, with foreign nations   723
            Power of Congress to regulate.............................   119
            No regulation shall give preferences to any ports.........   142
    Commissions.
            Congressional Mailing Standards...........................  1113
            House Office Building.....................................  1114
            Tom Lantos Human Rights................................... 1125g
            U.S. Capitol Preservation................................. 1125a
            Democracy Assistance Commission (House Democracy
                Partnership).......................................... 1125f
            President to issue, to officers...........................   172
            For recess appointments of the President..................   167
            Created by law, to sit after expiration of a Congress.....   589
            Places on, not incompatible offices.......................    98
            Primary and supplemental expense resolutions for..........   763
    Commit, motion to.  See also Recommit.
            Precedence and use of.
    Precedence and general conditions of............... 911, 916, 1001-1002c
    Debate on motion to........................................... 917, 1002
    Relation of, to early use of the previous question............. 448, 449
                Has precedence of motion to amend.....................   449
    Instructions with............................................ 917, 1002b
                May not be postponed..................................   451
                Not to be suppressed by another privileged motion.....   450
                Not used in Committee of the Whole....................   916
                Repetition of.........................................   918
                Use of................................................   446

    [[Page 1336]]

            Application of, to bills.
    After previous question ordered, Committee on Rules limited as to
                                                                   857, 1001
    After previous question ordered......................... 994, 1001, 1002
                In order as to bill on third reading..................   494
                Method of dividing a bill by, with instructions.......   476
                Not applied to reports from Committee on Rules pending
                    previous question.................................   857
    Opposition have preference in recognition for, after previous
    question is ordered......................................... 1001, 1002c
    Ten minutes debate permitted on motion to recommit bill or joint
    resolution.................................................. 1001, 1002a
    On bills with amendments between Houses...... 486, 528b, 528d, 916, 1002
    Committee of the Whole.
            In general.
                House may attend impeachment trial in.................   617
                No control over admission to floor....................   678
    Powers and privileges of Delegates and Resident Commissioner in.... 675,
                                                                         970
    Procedure of the House as in.................................... 424-427
                Rare case of investigation conducted by...............   343
                Relations of, to the Congressional Record.............   688
                Two continuing committees of..........................   332
            Chair of.
                Chair preserves order.................................   970
                Functions of..........................................   971
                Discretionary authority as to quorum calls............   982
    Discretionary authority as to reduced-time votes on questions in
    sequence...................................................... 984, 1032
                Parliamentary method of selecting.....................   327
                Selection of Chair....................................   970
            Quorum of.
    Quorum of...................................................... 329, 982
    Call of, by electronic device or clerks....................... 982, 1019
                When failure of may be raised.........................   982
                Rising and reports as related to quorum...............   983
                Short or notice quorum call at discretion of Chair....   982
            Sitting, rising.
                Former automatic de novo vote in House where
                    Delegates' votes decisive.........................   985
    Informal rising to receive a message........................... 330, 563
                Informal rising for signing of enrolled bill..........   625
                May take a recess only with consent of the House......   586
    Motion to rise privileged...................................... 334, 983

    [[Page 1337]]

                Motion to rise not in order during time yielded for
                    general debate....................................   979
                Motion to rise prior amendments offered after reading
                    of general appropriation bills....................  1040
    Point of order against motion to rise on an appropriation bill
    exceeding a section 302(b) allocation............................. 1044b
                Report from Committee on Rules not in order after
                    House votes to go into............................   857
                Rising after disorder in..............................   331
    Rising when a quorum fails............................... 982, 983, 1027
    Rising with unfinished business................................ 333, 334
            Motions to go into.
                Form of...............................................   328
                Privileged motion to go into, to consider and general
                    appropriation bills...............................   856
    Consideration of nonprivileged bills in, after call of, committees
                                                                    882, 883
                Nonprivileged public bills in, considered on Calendar
                    Wednesday.........................................   900
                Place in order of business for motions to consider
                    nonprivileged bills in............................   869
                Speaker's declaration into............................   972
            Subjects considered in.
                Subjects requiring consideration in...................   973
                As to origination of business in......................   412
                Bill must show on face falls within the rule..........   973
                Conference report not referred to.....................   550
                Construction of the rule requiring consideration in...   973
                Elimination of portions of general appropriation bills
                    by................................................  1044
                General practice as to consideration in...............   973
                Old parliamentary usage as to consideration of matters
                    in, as modified by House rules and practice.......   326
                Questions of order on appropriation bill in...........  1044
    Recommittal of bills to................................. 420, 1001-1002c
    Reference of Senate bills from Speaker's table to.............. 873, 874
    Senate amendments considered in.............................. 1072, 1073
    Subjects not requiring consideration in....................... 528a, 973
            Procedure in, as to motions.
                Amendments not to be withdrawn in.....................   925
    Application of House rules to.................................. 340, 992
                Five-minute recorded vote in, immediately following
                    quorum call.......................................   982
    Reduced-time recorded votes in, on questions in sequence...... 984, 1032

    [[Page 1338]]

                Unanimous consent to modify special orders entertained
                    in................................................   993
    Motions for previous question and to adjourn not used in....... 333, 912
                Motion to reconsider not in order in..................  1003
    Recorded vote in....................................... 1012, 1030, 1032
    Relations of motion to strike enacting words to................ 988, 990
                Yeas and nays not taken in............................    76
            Debate in.
                Closing the five-minute debate........................   987
                General debate in.....................................   978
                Hour rule of debate applicable to.....................   957
                Motion to close general debate........................   979
                Relevancy of debate in................................   948
                Ten minutes debate on amendments submitted in advance
                    and printed in Record.............................   987
            Reading in.  See also Amendments.
                Reading of bill in....................................   942
                Reading of concurrent resolution on the budget in.....   990
            Order of business in.
                Order of business in..................................   977
                Calendars for the business of.........................   828
                Unfinished business in................................   879
            Reports of, and consideration in House.
                Action of the House on amendment reported from........   423
    Amendments of, considered in the House......................... 336, 337
                Bills from, considered in the House...................   338
                Discharge of..........................................   339
                Duties of Speaker and House as to reception of reports
                    of................................................   335
                Former automatic de novo votes in House where
                    Delegates' votes decisive in Committee of the
                    Whole.............................................   985
                Recommitted when report ruled out by House............   335
    Parliamentary law as to reports from........................... 334, 983
            Disorder in.
    Action in case of disorderly words in.......................... 960, 961
    Disorderly words taken down in, reported to the House..... 369, 960, 961
    Effect of breaking up of, by disorder.......................... 332, 622
                Quarrels in, and duty of the Speaker as to............   331
                Sergeant-at-Arms enforces order in....................   648
                Speaker restores order in.............................   622
    Committee staffs.
            Admitted to floor of House under certain conditions.......   678
            Consultants and training.............................. 774, 1095

    [[Page 1339]]

            Subcommittee staff appointments formerly by chair and
                ranking minority member...............................   767
            Expense resolution for...................................... 763
            Former clerical/professional staff distinction.............. 779
            Former professional/investigative staff distinction.......   777
            Interrogation of witnesses................................   802
            Staff of committees, number and appointment........ 767, 771-781
            Reduction in staff for 104th Congress....................... 773
            Minority staff.................................... 767, 773, 779
            Staff duties..............................................   773
            Associate or shared staff.............................. 776, 779
            Duties of House Administration as to......... 724, 773, 776, 779
            Duties as to papers.......................................   695
            Former reports on staff...................................   780
            Printed amendments submitted to...........................   986
            Rate of pay for...........................................   777
            For Committees on Appropriations and (formerly) Budget..... 776,
                                                                         778
            Permission of Committee on House Administration required
                for appointment of staff from Governmental agencies...   779
            Nonpartisan staff.........................................   780
    Committee stenographers.
            Appointment of............................................   685
    Committees.
            Constitution and election of.
    Appointment of Members under indictment or conviction to....... 305, 306
                Clerks of,  see Committee staffs.
                Delegates and Resident Commissioner may vote in.......   675
                Election of, by ballot................................  1034
                Establishment of subcommittees limited................   762
                Former rule regarding election of ranking minority
                    member to Committee on the Budget.................   719
    General power of Delegates and Resident Commissioner in........ 675, 676
                House elects the standing committees on nominations by
                    caucuses..........................................   757
                Member-elect may be appointed on, before taking the
                    oath..............................................   300
                Members' committee assignments limited................   760
                Membership on, contingent upon membership in party
                    caucus............................................   760
    Names and number of the standing................................ 714-741
                Old and modern requirements as to constitution of.....   402
                Select committees,  see Select committees.
    Rules and practice as to the appointment of.................... 317, 757

    [[Page 1340]]

                Selection of chairs of select and of standing
                    committees........................................   761
                Serve through a Congress..............................   317
    Service of Resident Commissioner and Delegates on.............. 675, 676
    Speaker appoints select and conference committees.............. 637, 782
                Subcommittees limited.................................   762
                Term limits for chairs of committees and subcommittees   761
                Vacancies in, filled by election by House.............   762
                Vice chair of.........................................   793
            Jurisdiction of, and reference to.
    For jurisdiction and history of, individually,  see Jurisdiction.
                Act only on matters referred to them..................   412
                Bills not to be brought back from, on motion to
                    reconsider........................................  1011
                Commemoratives prohibited.............................   823
                Delivery of bills to..................................   403
                Duty of, in case of recommittal with instructions.....   420
    Functions of, in correcting errors of reference of bills....... 824, 825
                Jurisdiction as to creation, and duties of............   733
                Jurisdiction of, as affected by errors in reference of
                    bills.............................................  824,
                                                                         825
                Nearly all business of the House considered in........   446
                Papers not read in House on ordinary reference to.....   436
                Parliamentary law (largely obsolete) as to reference
                    of bills to.......................................   401
                Private claims to be referred to certain..............   817
                Private claims bills banned in certain cases..........   822
                Receive petitions only through the House..............   320
                Recommittal to select or standing, or of the Whole....   420
    Referral of bills and other matters, procedures for............ 816-816b
            Sittings and procedure of.
                Additional and special meetings.......................   793
                Amendments adopted in, to be publicly available within
                    24 hours..........................................   796
                Authorization to go to conference.....................   791
                Availability of markup text...........................   798
    Broadcasting and press coverage of meetings and hearings... 796, 807-812
                Clerks of,  see Committee staffs.
                Debate in.............................................   318
    Decorum in................................................ 369, 787, 803
    Executive sessions of..................................... 796, 798, 803
    Former rule proscribing sitting during five-minute rule........ 324, 801
                Intelligence, Select Committee on, special procedures
                    for...............................................   785

    [[Page 1341]]

    May only act when together................................ 407, 793, 799
    Meetings and action of..................................... 408, 793-805
                Meeting when chair fails to call......................   793
    Meetings open to public........................................ 746, 798
                Method of voting amendments to a bill in..............   417
                Notice requirement for meetings.......................   798
                Noting amendments to bill in committee................   417
                Parliamentary law governing consideration of bills in.   412
                Postponement of votes in..............................  800a
                Power of, over body and title of a bill...............   411
                Power to sit and act..................................   805
                Presence of Member of the House in a select...........   410
    Procedure in generally......................................... 427, 792
                Proxy voting prohibited...............................   797
    Quorum of a select or standing.................. 343, 409, 799, 800, 805
    Quorum must be present when perjurious testimony is given to
    support charge of perjury...................................... 343, 409
                Quorum to release testimony received in executive
                    session...........................................   803
                Quorum for taking testimony...........................   800
                Quorum for reporting a measure........................   799
    Quorum for issuing a subpoena.................................. 343, 805
    Vice chair or ranking member presides in absence of chair...... 761, 793
                Reading of investigative or oversight reports waived..   788
                Recess of a committee.................................   787
                Reconsideration of a vote in..........................   416
                Record of actions by, to be kept......................   794
                Regular meetings......................................   793
                Rise when the House sits unless leave be given to
                    remain sitting (obsolete).........................   324
                Rules of committee same as House......................   787
                Rules of, published in Record and available
                    electronically....................................   791
    Secrecy of procedure...................................... 319, 798, 803
                Subcommittees subject to direction of full committee..   787
                Subpoena power........................................   805
                Time of hearings and subject matter to be placed in
                    daily Congressional Record and entered into
                    committee scheduling service of House Information
                    Resources.........................................   798
                Transcripts of meetings and hearings paid from
                    contingent fund (applicable accounts of the House)   789
                Vice chair............................................   793
                Votes in, available for inspection and publicly
                    available.........................................   794
                Witnesses before committees,  see Witnesses.

    [[Page 1342]]

            Hearings.
                Exclusion of Members and public from..................   798
                Five-minute rule when examining witnesses in..........   802
    Rules to be adhered to in................................. 746, 798, 803
    Broadcasting and press coverage of......................... 796, 807-812
                Executive hearings open to noncommittee Members.......   798
                Five-minute rule applicable during interrogation of
                    witnesses.........................................   802
    Hearings open to public................................... 746, 798, 803
                Hearings to be preserved in Library of Congress.......  1107
                Notice requirement for hearings.......................   798
                On mismanagement, required............................  805a
    Quorum must be present when perjurious testimony is given to
    support charge of perjury...................................... 343, 409
                Quorum to release testimony received in executive
                    session...........................................   803
                Quorum for taking testimony...........................   800
    Quorum to close hearing to discuss or receive certain testimony or
    evidence....................................................... 798, 803
                Witnesses before committees,  see Witnesses.
            Reports of, generally.
                Action of the House on amendments reported from.......   423
                Action of the House on reports from...................   422
                Activities report.....................................   790
    Adverse.............................................. 832, 853, 861, 893
    Adverse reports from Committee on Rules........................ 861, 893
    Authorization, signing, and validity of..... 407, 408, 415, 799, 831-851
    Availability in electronic form.............................. 796, 1105b
    Availability of, before floor consideration.................... 850, 851
    By whom made......................................... 317, 834, 804, 850
    Calendars on which reports of, await action of the House........ 828-899
                Calling up reports made in order by adoption of a
                    resolution by the House...........................   862
    Direction of committee, for making............................. 317, 415
    Filing of, by chair or majority.................................834, 835
                From Committee on Rules, not divisible................   919
                Joint Economic Committee, report of...................  1108
    Layover requirements......................................... 850, 1105b
                Limitations on reports from Committee on Rules........   857
                Origin and effect of the rule giving privilege to
                    certain reports...................................   854
    Placing adverse reports on the Calendars............. 853, 861, 832, 893
                Practice as to reading reports of, in the House.......   435
                Prior claim of Member in charge of bill to recognition   953

    [[Page 1343]]

                Prior right of Members of, to recognition for debate..   955
    Privileged...................................................... 853-868
                Privilege of individual committees to report..........   855
                Privilege of reports from Committee on Rules..........   857
    Recommittal of................................ 405, 420, 917, 1001-1002c
                Reports to the House must be made promptly............   834
                Restriction on reporting bill containing an
                    appropriation.....................................  1065
                Select committee......................................   419
                Speaker does not decide on sufficiency of.............   628
    Submitting reports............................................. 317, 418
                Single volume.........................................   837
    Supplemental, filing of838........................................
                To be in writing and to be printed....................   833
            Reports, contents required in.
                Appropriations Committee reports on general
                    appropriation bills must state effect of any
                    provision changing existing law...................   847
                Congressional Accountability Act, requirements under..   842
                Cover must reflect inclusion of certain matters.......   804
                Former ``dynamic estimate'' of changes in revenues
                    expected to result from enactment of ``major'' tax
                    legislation (discretionary).......................  849a
                Former ``macroeconomic analysis'' of tax proposals....  849a
                Estimate of cost......................................   841
                Estimate and comparison of Congressional Budget Office   840
    Estimate and comparison of funding levels...................... 840, 844
                Filing after hours if views...........................   788
                Former reporting requirement relating to committee
                    staff.............................................   780
                General performance goals and objectives..............   840
                Investigative and oversight reports considered as read   788
                Joint reports.........................................   788
    Minority, supplemental, additional, and dissenting views...... 804, 833,
                                                                         836
                New budget authority and tax expenditures, statement
                    as to.............................................   840
                Obsolete provision for directing a committee to
                    withdraw and report...............................   404
    Oversight findings and recommendations......................... 742, 840
    Former oversight findings and recommendations of Committee on
    Government Reform................................................... 749
                Report on bills amending or repealing statutes must
                    show by typographical device parts of statute
                    affected..........................................   846

    [[Page 1344]]

                Report from Committee on Rules on resolutions
                    repealing or amending Rules of the House must show
                    by typographical device parts of Rules affected...   848
    Resolutions of inquiry, requirements for reports of............. 864-867
    Tax complexity................................................ 849, 1092
    Unfunded Mandates........................................ 790, 843, 1127
                Vote totals and names on amendments and motion to
                    report............................................   839
            Oversight functions.
                Ad hoc oversight committees...........................   743
    General oversight by committees as to laws within their
    jurisdiction.................................................... 742-743
                General oversight findings and recommendations to be
                    included in reports...............................   840
                Establishment of oversight subcommittees required.....   743
                Oversight of Committee on Oversight and Government
                    Reform............................................   743
                Oversight plans submitted to Committees on Oversight
                    and Government Reform and House Administration....   743
                Special oversight functions...........................   744
                Additional functions..................................   745
                Budget hearings.......................................   746
    Budget Act procedures......................................... 747, 1127
                Committee on the Budget, additional functions of......   748
                Committee on Oversight and Government Reform,
                    additional functions of...........................   749
            Discharge, instructions.
    Motion to discharge and instruct............................... 406, 892
                Motion to discharge from consideration of vetoed bill.   108
    Motion to discharge under certain public laws...................... 1130
                Obsolete provision for direction to withdraw and bring
                    back a bill.......................................   404
                Recommittal with directions to report forthwith.......   405
                Speaker usually does not judge of fidelity of, to
                    instructions......................................   628
            Call of.
                Place of, in order of business........................   869
                Calendar Wednesday....................................   900
                Morning hour..........................................   880
            In general.
                Availability of publications in electronic form.......   796
                Conferences held by means of select joint.............   532
                Correction of error in Journal by.....................   583

    [[Page 1345]]

                Custody of papers of..................................   695
    Duties of, as to resolutions of inquiry........................ 864, 867
                Establishment of subcommittees limited................   762
                Expenses of, primary, additional, and interim funding.   768
                Exception to initial funding..........................   766
                Points of order in House against committee procedure..   798
                Records of, to be accessible to all Members...........   796
                Reference in debate to proceedings of.................   360
                Rights as to motions to suspend the rules.............   885
                Verbatim meeting and hearing transcripts..............   794
            Staff of.  See Committee staffs.
    Committees, joint.
            Number and functions of............................... 1108-1113
            Compliance with clause 2(a) of rule XI....................   783
            Conferences held by means of..............................   532
            Expiration of select......................................   419
            Taxation, formerly rendered ``dynamic estimate'' on tax
                legislation...........................................  849a
            Taxation, renders ``macroeconomic analyses'' of tax
                proposals.............................................  868a
            Membership on contingent on party membership..............   782
            Quorum, chair, and voting in..............................   325
    Common defense.
            Power of Congress to provide for..........................   117
    Common fame.
            As a ground for impeachment...............................   605
            As foundation for investigation...........................   341
    Common law.
            Jury trial for suits at...................................   214
            Rules of, in courts.......................................   214
    Communications.
            Rule for reference of............................. 816, 873, 874
            Executive, transmission of, to House......................   827
    Compacts.
            States not to make, without consent of Congress...........   148
            Jurisdiction of, over interstate, generally...............   729
            Jurisdiction of, relating to apportionment of waters for
                irrigation purposes...................................   731
            Jurisdiction of, over interstate energy...................   721
    Compensation.  See also Pay.
            For private property taken for public use.................   212
            Of relatives of Members and employees.....................  1095
    Compliance, Office of.  See Congressional accountability.
    Compulsory process.
            For obtaining witnesses...................................   213

    [[Page 1346]]

    Concur, motion to.  See also Agree, motion to.
            Relative to striking enacting words.......................   988
    Concurrent resolutions.
            Nature and use of.........................................   396
            As to approval of, by the President.......................   396
            Adjournment for more than three days by...................    84
            On the budget.................................... 719, 990, 1127
            Legislative procedure provisions utilizing................  1130
    Confederation.
            Validity of debts of......................................   194
            States not to make........................................   146
    Conferees.  See Conferences.
    Conferences.
            Objects and nature of.
                By means of select committees.........................   532
                Effect of recess of Congress on.......................   814
                Free and simple in modern practice....................   540
                Free or instructed....................................   557
                Over matters other than differences as to amendments..   531
                Obsolete provision as to conference on first reading..   559
                Parliamentary law as to free and simple...............   539
                Parliamentary law as to purposes for which conferences
                    may be held.......................................   558
                Questions asked of other House by, rather than by
                    message...........................................   569
    Relations of adherence and conference under the parliamentary law
    and in Congress.................................... 528b, 528d, 553, 554
                Usually asked over differences as to amendments.......   530
            As to requests for.
                Adherence does not prevent granting requests for......   522
    Generally................................ 528a, 530, 533, 535, 1069-1093
    Motions to request, precedence of..... 528a, 528b, 528d, 535, 1069, 1070
    Motions to request, authorization in committee................ 791, 1070
    Requests declined or neglected................................ 534, 1070
    Separate vote on certain amendments between the Houses when
    request is made.............................................. 1070, 1072
            Managers and their powers.
    As affected by free and simple conference................. 539, 540, 557
    Managers of, appointment, removal, and function................ 536, 637
    Managers of, motion to instruct or discharge.................. 541, 1079
    Managers restricted to the disagreements of the two Houses.... 546, 1088
                Managers may not agree to Senate amendments making
                    appropriations....................................  1076

    [[Page 1347]]

                Managers may not agree to Senate amendments to
                    appropriation bills containing legislation........  1076
                May report a germane modification within the scope of
                    disagreement where one House strikes all after
                    enacting clause of bill of other House and inserts
                    new language......................................  1088
    Meeting and action of managers................................ 548, 1093
                Open conference meetings..............................  1093
                Quorum, evidence of...................................   543
                Reappointment of managers at second or subsequent.....   537
                Remedy where managers exceed their authority..........   547
                Speaker appoints......................................   637
    Text to which both Houses have agreed not to be changed by
    managers unless by authority of both Houses................... 527, 1088
                Vacancies in managers.................................   538
            Reports of managers.
                Accompanying statement................................  1080
                Accompanying statement, Speaker decides as to
                    sufficiency of....................................   628
                Action on a report in the two Houses..................   549
                As to consideration in Committee of the Whole.........   973
                Consideration in House not in order until report
                    available for three days and copies available at
                    least two hours...................................  1082
                Considered as read if available.......................  1085
                Considered rejected if conferees have improperly
                    closed meeting....................................  1093
                Debate on, equally divided between parties............  1086
    Effect of disagreement to a conference report............ 551, 954, 1091
    Form of conference reports............................... 542, 543, 1080
                Have precedence of motion to reconsider...............  1003
                High privilege of.....................................  1077
                Legislation contained in amendments in disagreement,
                    procedure for consideration.......................  1084
                Limited to scope of matter committed to conference....  527,
                                                                   546, 1088
    Motions in order during action on a report............... 550, 1089-1091
                May report germane modification of amendment in nature
                    of substitute.....................................  1088
                May not differ from text agreed to by managers........  1094
    Nongermane matter contained in conference agreements, procedure
    for consideration............................................ 1089, 1090
    Nongermane matter in amendments in disagreement, procedure for
    consideration................................................ 1089, 1091
                Not to interrupt reading of Journal...................   621
                Parliamentary law as to reports of managers...........   542

    [[Page 1348]]

                Partial reports.......................................   544
                Postponing record votes on agreeing to................  1030
                Precedence of, over report from Committee on Rules....   857
                Printing in Record of amendment in total disagreement.  1083
    Recommittal of.................................... 550, 1001-1002c, 1088
                Printing of reports and statements in the Record......  1082
    Rejection of, status of amendments after................. 551, 1089-1091
    Reports of inability to agree................................. 545, 1083
                Retroactive income tax rate increase prohibited in....  1068
                Quorum, evidence of...................................   543
    Signing of.................................................... 543, 1093
                Speaker decides as to validity of reports.............   627
    Statements relating to Federal unfunded mandates............. 1081, 1127
    Three-day layover and two-hour availability before consideration
                                                                 1082, 1105b
                Three-fifths vote to increase income tax rates........  1067
                To be in writing......................................   542
                To be entered in the Journal..........................   542
                Unamendable...........................................   542
                When on constitutional amendments agreed to by two-
                    thirds vote.......................................   192
                Yeas and nays automatically ordered on adoption of
                    certain...........................................  1033
            Custody of papers in.
                After an effective conference.........................   555
                When managers fail to agree...........................   556
                When asked before disagreement........................   552
    Confession.
            In cases of treason.......................................   181
    Confirmation.
            Congress, of President's nominee as Vice President........   256
    Congress.
            Meeting, term.
    Meets once a year............................................... 45, 242
                Term and adjournment of...............................     6
                Adjourns in July with certain exceptions..............  1106
    Neither House to adjourn for more than three days or to another
    place without consent of the other.......................... 82, 82a, 84
                Place of meeting,  see Place.
    Power of President to convene or adjourn Houses of.............. 82, 171
                President to give information of the state of the
                    Union to..........................................   168
    Prohibited from adjourning sine die before completion of
    congressional budget process............................ 1127 (sec. 310)

    [[Page 1349]]

            Powers of--legislative and general.
                Legislative...........................................     3
                As to migration of importation of persons.............   137
                Consent of, to acceptance of certain gifts............   144
                To establish patents and copyrights...................   124
                To establish post offices and post roads..............   123
                To make laws to carry its powers into effect..........   136
                To provide for legislative veto of executive actions..  1130
                To regulate coinage, weights, and measures............   121
                To regulate commerce..................................   119
                To regulate naturalization and bankruptcy.............   120
            Powers of--as to taxes, money, property, and territory.
                To lay and collect taxes..............................   117
                To borrow money.......................................   118
                Money to be drawn only on appropriations by...........   143
    Over the seat of Government and ceded places................... 134, 135
                Over the territory and other property of the United
                    States............................................   188
            Powers of--as to war.
                To declare war, grant letters of marque...............   127
                To support armies.....................................   129
                To provide a navy.....................................   130
                To make rules for land and naval forces...............   131
                To provide for calling out the militia................   132
                To provide for organization of militia................   133
                Relative powers of Congress and the President.........   128
            Powers of--as to elections, suffrage.
    As to apportionment and establishment of districts............. 226, 227
                Determines time of choosing electors..................   153
                May by law provide for cases in which President-elect
                    nor Vice President-elect shall qualify............   244
    May choose President and Vice President in certain cases........ 221-223
    May confirm nomination to fill vacancy in Vice Presi-
      dency........................................................ 253, 256
                Instances in which House and Senate have confirmed
                    nominee as Vice President.........................   256
                May decide termination of Presidential disability.....   255
                May provide for case wherein death occurs among those
                    from whom House and Senate may choose President
                    and Vice President................................   246
    May provide for succession to Presidency or new election....... 155, 244
                Power to make or alter regulations as to elections of
                    Representatives...................................    42

    [[Page 1350]]

    To legislate to enforce the 13th, 14th, 15th, 23d, and 24th
    amendments to the Constitution.................. 224, 233, 234, 250, 251
                To remove political disabilities......................   230
            Powers of--as to courts.
                Regulates jurisdiction of Supreme Court...............   179
    To establish inferior courts................................... 125, 177
                To fix places for trial of crimes.....................   180
                To regulate the proving of acts, records, and judicial
                    proceedings of the States.........................   183
            Powers of--as to the States.
                As to admission, consolidation, or division of States.   187
                May revise and control certain State laws.............   147
                No State to lay imposts or duties on exports or
                    imports without consent of........................   147
                Consent of, for certain acts of States as to duties,
                    troops, war, and compacts.........................   148
            Powers of--to provide certain punishments.
                Each House may punish its Members for disorderly
                    behavior..........................................    62
                To provide punishment for counterfeiting..............   122
                To provide punishment for piracies....................   126
                To declare punishment of treason......................   182
            Powers of--as to amending Constitution.
                As to amendments to the Constitution..................   190
                To propose amendments to the Constitution or call a
                    convention........................................   190
                Jurisdiction of proposed amendments to................   729
            Powers of--limitations on.
                As related to writ of habeas corpus...................   138
                As to religion, free speech, the press, or right of
                    assembly and petition.............................   208
                Laws of, not binding on House in judging elections....    51
                Limitation on capitation or other direct tax..........   140
                No bill of attainder or ex post facto law to be passed   139
                No export duties to be laid...........................   141
                No preferences to be given as to commerce by water....   142
                No titles of nobility to be granted...................   144
    Congressional accountability.
            Approval of regulations with respect to................ 1130(26)
            Committee reports accompanying measures must contain
                statement relating to.................................   842
            Former rule on application of laws to Congress............  1101
            Office of Compliance......................................  1116
            Point of order for insufficient committee report..........   842

    [[Page 1351]]

            Settlements under approval by House Administration........   754
    Congressional Budget Office.  See Budget.
    legislative procedure, laws providing mechanisms for..............  1130
    Congressional Record.
            Reports of debates.
    Correction of............................................. 689, 967, 968
                Duties of Joint Committee on Printing in relation to..  1111
                General control of Committee on House Administration
                    over..............................................   728
                Jurisdiction relating to improvement of...............  1111
                ``Leave to print'' in, including cost of..............   692
                Not the official record of proceedings................    69
    Pledge of Allegiance printed in................................ 687, 869
                Power of chair of Committee of the Whole over.........   972
                Privilege of Member to revise remarks.................   691
    Privilege of propositions to correct........................... 685, 690
                Relation of Committee of the Whole to.................   688
                Remarks uttered not under recognition not printed in..   687
                Reporters of debates..................................   685
    Substantially verbatim account of remarks............ 687, 691, 967, 968
    Unparliamentary remarks printed in............................. 687, 961
            Matters recorded in.
                Amendments to be offered during five-minute rule may
                    be printed in advance, and given a numerical
                    designation.......................................   987
                Certain messages printed in...........................   815
                Clerk supervises daily insertions in..................  1111
                Committee meetings and hearings inserted in...........  1111
                Former ``bullet'' symbols in..........................   692
                House activities of previous day inserted in..........  1111
                Index daily of proceedings of previous day............  1111
                Introduction of bills, petitions, resolutions entered
                    in................................................   818
                Legislative program for the day to be inserted........  1111
                Messages from President entered in....................   875
                Names of Members signing discharge petitions..........   892
                Printing of conference reports in.....................  1082
    Reference of public bills, memorials entered in................ 825, 826
    Substantially verbatim account of remarks................. 691, 967, 968
                Titles of reported bills entered in...................   831
    Congressional Research Service....................................  1117
    Consent.
            Unanimous.  See Unanimous consent.
            Of Congress.
                For acceptance of certain gifts.......................   144
                For certain acts of States as to duties, troops, war,
                    and compacts......................................   148

    [[Page 1352]]

                No State to tax imports or exports without............   147
            Of a State.
                Required before its equal suffrage in the Senate may
                    be disturbed......................................   190
    Conservation.
            Energy resources, jurisdiction of matters relating to.....   721
            Petroleum (naval), jurisdiction of matters relating to....   718
            Radium, jurisdiction of matters relating to...............   731
            Soil, jurisdiction of matters relating to.................   715
            Wildlife, jurisdiction of matters relating to.............   731
    Consideration, question of.
            Form and history of.......................................   906
            Conditions of raising.................................. 862, 907
            Not to be raised against a report from Committee on Rules.   857
            On Calendar Wednesday.....................................   901
            Questions subject to......................................   908
            To dispose of points of order raised under the Unfunded
                Mandates Reform Act............................... 909, 1127
            To dispose of certain points of order regarding
                congressional earmarks, tax benefits, and tariff
                benefits.............................................. 1068d
            Relation of, to other motions.............................   907
            Relation of, to points of order....................... 909, 1077
            Where quorum fails on yea-and-nay vote and adjournment
                intervenes............................................    76
    Consistency.
            Speaker not to decide questions of..................... 466, 628
    Constituency.
            Apportionment and establishment of districts........... 226, 227
            Status of, as related to right to take the oath...........   204
    Constitution of the United States.
            Establishment.
                Enumerated rights of, and those reserved to people....   216
                Established by the people.............................     1
                Formation of..........................................     2
                Disabilities arising from violation of the oath to
                    support...........................................   230
    Jefferson's discussion of privilege of Members of Congress under
    the............................................................ 288, 289
                Judicial power extends to cases of law and equity
                    arising under.....................................   178
                Nothing in it to prejudice certain claims.............   188
                Oath to support.......................................   196
                Officers of House sworn to support....................   640
                Powers delegated to the United States by..............   217
                President sworn to preserve...........................   158

    [[Page 1353]]

                Supreme law of the land...............................   195
            Ratification and amendment of.
                Amendments to, jurisdiction over......................   729
                Differences as to amendment to, committed to
                    conference........................................   530
                Extension of time for ratification of proposed
                    amendment.........................................   192
                Joint resolution for amendment of, not approved by
                    President.........................................   115
                Limitation on amendment of............................   190
    Methods of amending............................................. 190-192
                Ratification of.......................................   207
    The 27 amendments of............................................ 208-258
                Two-thirds vote on conference report as to............   549
                Yeas and nays not necessarily taken on amendments to..    76
    Constitutional authority statement.
            Requirement for introduction of bill or joint resolution..  826a
    Constitutional conventions.
            Relation of, to State legislatures, in fixing times of
                elections.............................................    43
            May be called for purpose of proposing amendments to
                Constitution..........................................   190
    Constitutional prerogatives.
            Of House as to revenue legislation........................   102
            Questions of, committed to conference.....................   531
            Questions relating to, treated as of privilege............   698
            Precedence of questions of................................   698
    Constitutional privilege.
            Questions relating to................................... 698-702
    Constitutions.
            Those of States subordinate to that of United States......   195
    Consular service.
            Jurisdiction of subjects relating to......................   723
    Consuls.
            President appoints........................................   166
    Consultants.
            Training..................................................   774
            Lobbying by...............................................  1095
            Jurisdiction of Supreme Court in cases affecting..........   179
            Judicial power extends to cases affecting.................   178
    Contempts.
            Committee reports on, privileged for immediate
                consideration without three-day layover....... 299, 699, 850
            Power of the House to punish for........................ 293-299
    Contestants.
            In election cases, admitted to the floor..................   678
            Relations of, to incompatible offices.....................   100

    [[Page 1354]]

    Contested elections.
            Jurisdiction of matters relating to.......................   724
            Contests affected by death................................    18
            Clerk receives testimony taken in contests................   642
    Contingency fund (applicable accounts of the House).
            Duties of Committee on House Administration as to...... 724, 763
            Clerk formerly kept account of disbursements out of.......   642
            Commission and other entity expenses, payment from........   763
            Committee expenses, payment from..........................   763
            Committee transcripts, cost of printing paid from.........   789
            Early organization caucuses funded from...................  1126
            Privileged reports on.....................................   853
    Continuation of a public work.
            Appropriations for.............................. 1036, 1048-1051
            Examples illustrating.....................................  1049
            New buildings at existing institutions as a...............  1050
            Unexpended balances may be appropriated for.......... 1037, 1063
    Contractors.
            Not ineligible as Members.................................    98
    Contracts.
            Obligations of, no State to impair........................   146
            Clerk formerly made or approved certain...................   644
    Controversies.
            To which the judicial power extends.......................   178
    Convening of Congress.
            At least once in every year............................. 45, 242
            Emergency postponement or reconvening of the House...... 83, 639
            Laws appointing a different day for.......................   243
            Public interest postponement or reconvening of the House
                                                                83a, 84, 639
            Reconvening (recall) authority under adjournment
                resolution, to reconvene at another time or place,
                See Reconvene.
    Convention.
            To amend the Constitution, method of calling of...........   190
    Conviction.
            Two-thirds vote for, in impeachments......................    38
            Evidence for, for treason.................................   181
            For crime as basis for involuntary servitude..............   224
            In impeachments......................................... 41, 619
            Members should refrain from voting and committee
                participation following...............................   939
    Copyrights.
            Copyright royalties, limitation on........................  1099
    Correction.
            Bills for, of military and naval records are banned.......   822
            Of Congressional Record............ 685, 689, 690, 744, 967, 968

    [[Page 1355]]

            Of reference of public bills, place of, in order of
                business..............................................   869
            Of reference of bills from Speaker's table............. 873, 874
            Of reference of bills, correction in errors...............   824
    Corrections Calendar, former.
            Former rule providing for.................................   898
    Corridors.
            Speaker's control of......................................   623
    Corruption.
            Of blood, for treason.....................................   182
    Cosponsorship, of bills.  See Bills.
    Cost, limit of.
            On public works...........................................  1047
    Counsel.
            General, Office of........................................   670
            Floor privileges for respondent counsel in disciplinary
                proceeding............................................   678
            For accused in criminal prosecutions......................   213
            In cases of expulsion.....................................    66
            Admission of, in investigations........................ 348, 803
            May be censured and excluded from hearings................   803
    Count.
            Electoral.
                Constitutional provision for..........................   219
                Jurisdiction of matters relating to...................   724
                In the Hall of the House..............................   220
            On a division or other vote.
    Appeal from Chair's count prohibited........................... 629, 630
                Decision by voice of majority--tie votes..............   508
                Decision of points of order during....................   507
    Division of the House after determination by sound............ 501, 1012
                Duty of Speaker to make an honest count...............  1012
                Interruption of, by demand for yeas and nays..........    77
                Messages not received during rising vote or by tellers   562
                Not to be interrupted by conference report............  1077
                Parliamentary provisions as to division, not
                    applicable in the House...........................   502
                Questions of order arising during, decided
                    peremptorily......................................   628
                Rule as to voting by division.........................  1012
                Two-thirds votes......................................   509
            Of a quorum.
    Certain business suspended by failure of a quorum.............. 510, 832
                By Speaker, to ascertain as to quorum after previous
                    question is ordered...............................  1029
    Not to be verified by tellers or on appeal...................... 54, 629

    [[Page 1356]]

                Of House when absence of quorum is observed...........   310
    On record vote and otherwise by Speaker........................ 54, 1020
    Counterfeiting.
            Congress may provide punishment for.......................   122
    Courthouses.
            Jurisdiction as to bills for construction of..............   739
    Courts.
            Of the United States.
                Appointment of officers of............................   166
                Congress to constitute inferior.......................   125
                Determination of relevancy of materials subpoenaed
                    from House........................................  291a
                Inferior, their judges................................   177
                Judges bound by Constitution and laws.................   195
                Judicial power vested in supreme and inferior.........   177
                Jurisdiction of, in general...........................   178
                Jurisdiction of Supreme Court.........................   179
                Limitations of judicial power in suits of law or
                    equity............................................   218
                Tenure, compensation of judges........................   177
                Trials of suits at common law in......................   214
            As related to proceedings of Congress.
                Privilege of Members of Congress as to demands of.....  290,
                                                                   291a, 697
                Relations of Members of Parliament to.................   287
                Relations of State courts to election cases...........    50
                Status of reports of Court of Claims on calendars.....   828
                Reference of claims to Court of Claims considered in
                    Committee of the Whole............................   973
                Judicial appearances on behalf of House...............  291b
                Jurisdiction as to certain, in District of Columbia...   732
                Jurisdiction of subjects relating to..................   729
                Jurisdiction as to, in foreign lands..................   723
    Credentials.  See also Members.
            As related to the right of a Member to take the oath......   204
            Prima facie effect of, dependent on vacancy...............    23
            House Administration Committee may consider questions as
                to....................................................   724
    Credit.
            For public acts, records, and judicial proceedings of a
                State in other States.................................   183
            Power of Congress to borrow money on......................   118
            States not to emit bills of...............................   146
            Jurisdiction of subjects relating to public...............   722

    [[Page 1357]]

    Crimes.
            Abridgment of suffrage for................................   226
            As to what are high.......................................   175
            Extradition for...........................................   185
            High impeachable offenses.................................   175
            Involuntary servitude as punishment for...................   224
            Members refrain from voting and committee action when
                convicted of..........................................  1095
            Persons to be held to answer for, only on conditions......   212
            Trial of all, except in impeachments, to be by jury.......   180
    Criminal law.
            Jurisdiction of subjects relating to......................   729
    Criminal prosecutions.
            Rights of accused in all..................................   213
            Security as to accusations, and trial.....................   212
    Criticism.  See also Debate.
            Of the House and its proceedings, in debate...............   361
            Of the Speaker............................................   362
            Of the motives of Members.................................   363
    Cruel punishments.
            Not to be inflicted.......................................   215
    Custody.
            Procuring attendance of witness in, from other House......   345
    Customhouses.
            Customs, jurisdiction as to...............................   741
            Jurisdiction as to buildings for..........................   739
            Special oversight jurisdiction............................   744
    Cutgo.
            Point of order............................................ 1068f
    Damages to property.
            Bills of payments for, banned with exceptions.............   822
    Dams.
            Jurisdiction of subjects relating to................... 731, 739
    Dean of the House.
            Administers oath to Speaker...............................   198
    Death.
            Bills for payment of certain claims against the United
                States for, banned....................................   822
            Ceremonies for deceased Members...........................   724
            Of officers of House, vacancies caused by may be filled
                temporarily by Speaker................................   640
            Of Member, vacancy caused by..............................    18
            Of President or Vice President of United States... 155, 244, 252
            Of Speaker................................................    28

    [[Page 1358]]

    Debate.
            Exhibits.
                Use of in debate.............................. 622, 963, 964
            Freedom of.
                Members not to be questioned for, in another place....    92
                Members of Parliament exempted from question as to....  287,
                                                                    302, 309
                Not to be interfered with by other House by notice of.   308
                Privilege of Members of Parliament as to..............   287
            Obtaining the floor for.
                Conditions under which a Member's right to the floor
                    is subjected to the will of the House.............   355
                Member to speak but once, except one Member in reply..   959
    Member who has spoken to the main question may speak to an
    amendment...................................................... 465, 959
                Member's right to close debate on amendment considered
                    under five-minute rule............................   959
                Morning-hour debate...................................   951
                Motion to be stated before............................   904
                Obtaining the floor in debate.........................   945
                One-minute speeches...................................   950
                Oxford-style debates..................................   952
                Parliamentary law as to recognition by the Speaker....   356
                Procedure of the Member in seeking recognition........   354
    Recognition of Members by the Speaker for debate, generally..... 949-956
                Right of a Member to be heard a second time...........   357
                Special-order speeches................................   950
                Rights of Member as to opening and closing in debate..   958
                The hour rule for debate..............................   957
            Interruptions of.
                Interruptions in......................................   364
                Interruption of a Member in debate....................   946
                Certain motions only in order when a question is under   911
                Coughing..............................................   364
                Member having the floor in, not to be interrupted by
                    motions...........................................   393
                Member in, may be interrupted by conference report....  1077
                Messages received during..............................   561
    The call to order in debate.................................... 960, 961
    Words taken down in debate..................................... 960, 961
            Disorder in.
    Calls to order............................................ 364, 960, 961
                Disorder and interruptions during.....................   364
                Disorderly words taken down and reported from
                    Committee of the Whole............................   369

    [[Page 1359]]

                Impertinent, superfluous, or tedious speaking.........   359
                Members censured for..................................    65
                Parliamentary law as to taking down disorderly words..   368
                Parliamentary method of silencing a tedious Member....   365
                Rules of debate restraint on captiousness of Members..   285
                Warm words and assaults...............................   367
            Personalities, references to other House, committees.
                Criticism of the Speaker..............................   362
    Debate, proceedings, and Members of the other House....... 371, 372, 945
    Decorum and abstention from personalities...................... 361, 945
                Duty of the Speaker to prevent expressions offensive
                    to the other House................................   374
                Language reflecting on the House......................   360
    Motives of Members not to be arraigned......................... 363, 945
                Reference to proceedings of committees................   360
    Reference to the Executive..................................... 370, 945
                Reference to presumptive major-party nominee for
                    President.........................................   370
                Reference to occupants of galleries...................   966
    Relevancy of................................................... 945, 948
            Closing of, in the House.
                Effect of order of yeas and nays in closing...........    80
                Effect of previous question on........................   994
                Not precluded until the negative has been put.........   490
            Limitations on.
                    Forty minutes of:
                    After previous question is ordered................   999
                    On motion to suspend the rules....................   891
                    On certain nongermane amendments between the
                        Houses................................... 1070, 1072
                    On nongermane Senate amendments included in
                        conference report......................... 1089-1091
                    Recognition for...................................   955
    Limit of, on appeals........................................... 627, 629
                Morning-hour debate...................................   951
    On conference reports, and on certain motions relating to
    amendments between the Houses................................ 1084, 1086
                On certain secondary motions..........................   911
                On question of order, within Speaker's discretion.....   628
                On questions of privilege.............................   698
                On motion to instruct conferees.......................  1078
                On motion to reconsider...............................  1010

    [[Page 1360]]

                On motion to strike enacting words....................   989
    On rescission bills and deferral resolutions................... 1130(6a)
                One-minute speeches...................................   950
                Oxford-style debates..................................   952
                Special-order speeches................................   950
                Strictly enforced.....................................   957
                    Ten minutes of:
                    On amendments submitted in advance and printed in
                        Record........................................   987
                    On motion to recommit....................... 1001, 1002a
                    Twenty minutes of:
                    On motions to discharge...........................   892
            On question of consideration with regard to congressional
                earmarks, limited tax benefits, or limited tariff
                benefits.............................................. 1068d
            On question of consideration with regard to unfunded
                mandates..............................................  1127
                Under various laws permitting congressional approval..  1130
            General debate in Committee of the Whole.
    Closing of, in Committee of the Whole.......................... 978, 979
                In Committee of the Whole under the old parliamentary
                    usage.............................................   326
            Five-minute debate.
                Closing five-minute...................................   987
                Closing five-minute, in Committee of the Whole........   987
                Member's right to close debate on amendment considered
                    under the five-minute rule........................   959
                Reading and amendment under the five-minute rule......   980
                Recognition for, under the five-minute rule...........   980
                Rule as to five-minute, in Committee of the Whole.....   978
                Ten minutes on amendments previously printed in Record
                    even though debate under is limited...............   987
                Time not yielded under five-minute....................   980
            Questions not debatable.
                Amendment to title decided without....................   922
                Appeals as to priority of business decided without....   884
                Correction of reference of public bills to be made
                    without...........................................   825
                Motions to adjourn, lay on the table, and for the
                    previous question not debatable...................   911
                Motion that Journal be read...........................   621
    Motion to discharge a committee not debatable (except under clause
    2, rule XV).................................................... 406, 867
                Under former rule XXX, questions as to reading of
                    papers were determined without....................   965

    [[Page 1361]]

            Record of.  See Congressional Record.
            Relevancy of
                Requirement of........................................   945
                Application of rule...................................   948
                Irrelevant remarks removed from Record by unanimous
                    consent only......................................   687
            In general.
                Course of the Member when business concerning that
                    Member is debated.................................   375
                In standing and select committees.....................   318
                Morning-hour debate...................................   951
                Obsolete practice as to adjournment of debate.........   444
                Obsolete practice as to Member's advice during points
                    of order..........................................   507
                On bills, usually occurs before engrossment and third
                    reading...........................................   498
                One-minute speeches...................................   950
                Oxford-style debates..................................   952
    Participation of the Speaker in debate......................... 358, 947
    Quorum necessary during......................................... 54, 510
                Special-order speeches................................   950
    Under reservation of right to object to a unanimous-consent
    request........................................................ 381, 872
    Debt.
            Claims for slaves.........................................   232
            Jurisdiction of subjects relating to bonded...............   741
            None incurred in aid of insurrection to be paid...........   232
            Power of Congress to pay public...........................   117
            States restricted as to tender in payment of..............   146
            Validity of those contracted before the Constitution......   194
            Validity of debt of the United States not to be questioned   232
            Debt limit, former rule for establishment of statutory....  1104
    Decisions.  See Appeal.
    Declarations of war.
            Congress to make..........................................   127
            Jurisdiction as to........................................   723
            War Powers Resolution................................... 1130(2)
    Declination.
            Of seat by Member.........................................    20
    Decorum.  See also Debate.
            As to sitting in place....................................   353
            Assaults and affrays......................................   367
            Attire................................................. 622, 962
            Call to order for transgressions in............... 364, 960, 961

    [[Page 1362]]

            Clerk to preserve, at organization of the House...........   643
            Committees, preservation of....................... 369, 787, 803
            Conduct of counsel in investigation.......................   803
            Conduct of Members in the Hall............................   962
            Decorum of Members in debate,  see Debate.
            Disorder in Committee of the Whole........................   331
            Member may speak from any place on floor..................   945
            Members' presence when business concerning Member debated.   375
            Movements of Member during voting.........................   506
            Power of House to punish and expel for breaches of........    62
            Exhibits, use of.................................. 622, 963, 964
            Speaker preserves, on floor............................ 331, 622
            Smoking forbidden.........................................   962
            Use of mobile electronic device that impairs decorum
                forbidden.............................................   962
            Wearing of hats forbidden.............................. 377, 962
    Deductions.
            From the compensation of Members........................ 86, 671
            From the compensation of Members for State income taxes...   656
    Defense.
            Power of Congress to provide for public...................   117
            Counsel for, in criminal cases............................   213
    Defense production.
            Jurisdiction over subjects related to.....................   722
    Degree.
            Of amendments.......................................... 922, 923
            Of amendments between the Houses..........................   529
    Delegated powers.
            Of the Constitution.......................................   217
    Delegates.
            Admitted to floor of House................................   678
            Clerk formerly kept stationery accounts of................   642
            Clerk to distribute certain documents to..................   647
            Compensation of...........................................    86
            Former de novo votes in House where vote decisive in
                Committee of Whole....................................   985
            Elected to committees.....................................   675
            Establishment and nature of office........................   675
            From District of Columbia, formerly required to be elected
                to the former Committee on District of Columbia.......   675
            Impeachment began at instance of a........................   603
            May have been appointed a teller..........................  1013
            As chair of Committee of the Whole........................   970
            May be appointed a conferee...............................   676

    [[Page 1363]]

            May be appointed to select committee......................   676
            May call a Member to order............................. 960, 961
            Powers and privileges of, on floor and in committee.......  603,
                                                    675, 676, 960, 970, 1030
            Powers and privileges of, in Committee of the Whole.......   675
            Rooms of, in office buildings.............................  1114
            Sergeant-at-Arms formerly disbursed pay of................   656
            Sworn.....................................................   675
    Departments.  See Executive departments and agencies.
    Deposition authority.
            Of the Committee on Oversight and Government Reform.......  749a
    Desertion.
            Certain private bills to correct records are banned.......   822
    Designation of public works.
            Consideration prohibited.................................. 1068a
    Desk, Clerk's.  See Clerk's desk.
    Dilatory motions.
            Amendments printed in Record may not be...................   987
            Forbidden pending report from Committee on Rules..........   857
            Not to be entertained by the Speaker......................   903
            One motion to adjourn only in order pending motion to
                suspend rules.........................................   890
            Right to demand yeas and nays not to be overruled as......    77
    Direct tax.  See also Taxes and tariffs.
    Director of Non-legislative and Financial Services.
            Former position and functions of..........................   664
    Disabilities.
            Of President or Vice President.................... 155, 244, 252
            Political, arising from disloyalty........................   232
            Consideration of bills removing...........................   729
            Of President-elect or Vice President-elect................   244
    Disagree, motion to.  See Amendments between the Houses.
    Disagreement.
            President may adjourn Congress in a certain case of.......   171
            Stage of,  see Amendments between the Houses.
    Disapproval provisions.
            Expedited procedures with respect to executive actions....  1130
    Discharge.
            Motions to, of a committee............................. 406, 892
            Motions to, under certain public laws...................... 1130
            Motions as to Committee of the Whole not privileged.......   339
            Motion to discharge a committee from consideration of
                vetoed bill...........................................   108
            Of a committee, from a resolution of inquiry..............   867

    [[Page 1364]]

    Discipline.
            Of the militia............................................   133
            Of Members.............................................. 62, 806
    Discoveries.
            Congress may provide exclusive rights to..................   124
    Disorder.
            Disorderly words taken down....................... 369, 960, 961
            Galleries or lobby, cleared by Speaker for................   622
            In Committee of the Whole......................... 331, 332, 622
            May interrupt reading of Journal..........................   621
            Parliamentary law as to taking down disorderly words......   368
            Parliamentary law as to taking down words in Committee of
                the Whole.............................................   369
            Power of chair of Committee of the Whole as to, in
                galleries and lobby...................................   970
            Power of each House to punish for......................... 62-66
            Proceedings in case of, on the floor......................   367
    Disqualification.
            As judgment in impeachment.............................. 41, 619
            Members not to hold incompatible offices................. 97-101
            Service of Committee on Ethics............................   806
    Disqualifying interest.
            Of a Member as to voting.......................... 376, 671, 672
    District of Columbia.
            In general.
                Bills relating to, as unfinished business.............   879
    Home Rule Act, disapproval procedures under..................... 1130(5)
                Jurisdiction as to Government buildings within........   739
                Jurisdiction as to parks in...........................   731
    Power of Congress as to legislation over....................... 134, 135
                Representation in Electoral College of................   250
                Second and fourth Mondays for business of.............   894
            Former Committee on.
                Jurisdiction transferred..............................   732
            Delegate from, powers of.  See Delegates.
    Districts.
            Adjustment of, to apportionment...........................   227
            Questions as to elections in relation to..................   228
            Requirement that districts be equally populated...........   229
    Disturbance.
            Galleries or lobby cleared by Speaker for.................   622
            Of another in debate not in order.........................   364
    Division.
            Of papers for reference.
    Of matter for reference to committees..................... 421, 816, 818
                Of bills for reference................................   816

    [[Page 1365]]

            Voting by.
                Rule as to voting by..................................  1012
                Business suspended by failure of quorum...............   510
                Decision by voice of majority--tie votes..............   508
                Decisions of points of order during...................   507
    Division of the House after determination by sound............ 501, 1012
                Interruption of, by demand for yeas and nays..........    77
                Messages not received during rising vote or vote by
                    tellers...........................................   562
                Not to be interrupted by conference report............  1077
                Parliamentary provisions as to division, not
                    applicable in the House...........................   502
                Questions of order arising during, decided
                    peremptorily......................................   628
                Repetition of demand for division.....................  1012
                Two-thirds votes......................................   509
            Of the question for a vote.
                As related to debate on amendment.....................   482
    Into substantive propositions.................................. 919, 921
                Jefferson's discussion of.............................   481
    Motion to recede and concur divisible......................... 525, 528d
    Motion to strike and insert not divisible...................... 920, 921
    Offsetting amendments to appropriation bills indivisible.... 1042, 1063a
                Parliamentary law as to...............................   480
                Principles governing..................................   921
    Resolutions or orders reported by Committee on Rules not divisible
                                                                    919, 921
                Resolutions electing standing committees not divisible   919
    Dockyards.
            Power of Congress over places purchased for...............   134
    Documents.
            Reading of those, accompanying President's message........   170
            Clerk to distribute certain, to Members...................   650
    Domestic violence.
            States may ask protection from............................   189
    Doorkeeping.
            Doorkeeping duties of Sergeant-at-Arms................. 380, 658
            History of former Office of the Doorkeeper................  663a
    Doors.
            Of the House kept by Sergeant-at-Arms.................. 380, 658
            Closed on call of the House when ordered by Speaker.......  1019
    Drug testing.
            Rule providing for drug testing of Members, officers, and
                employees.............................................   635
    Due process of law.
            No person to be deprived of life, liberty, or property
                without...............................................   212

    [[Page 1366]]

            No State to deprive a person of life, liberty, or property
                without...............................................   225
    Duties.  See Taxes and tariffs.
    Earmarks.
            Committee on Rules may not waive certain points of order
                against............................................... 1068d
            Point of order against certain............................ 1068d
            Question of consideration to dispose of certain points of
                order against......................................... 1068d
            Responsibilities as to the Code of Official Conduct.......  1095
    Economic and Educational Opportunities, Committee on.  See Education and
        the Workforce, Committee on.
    Economic Committee, Joint.........................................  1108
    Economic report.
            Time for filing of, by President..........................   169
    Education.
            Jurisdiction of subjects on............................ 720, 723
    Education and the Workforce, Committee on.........................   720
    Education and Labor, Committee on.  See Education and the Workforce,
        Committee on.
    Effects.
            Security of, as to searches and seizures..................   211
    Elections.
            Of officers of the two Houses.
    Of officers of the House except Speaker......................... 29, 640
                Of officers of House, except that Speaker may fill
                    vacancies temporarily by appointment..............   640
                Of officers of the Senate.............................    37
                Of President pro tempore of the Senate................   313
    Of Speaker...................................................... 26, 312
    Of Speaker and other officers of House........................... 26, 30
                Of Speaker pro tempore................................   314
                Motion to proceed to election of Speaker of higher
                    privilege than motion to correct the roll.........   644
                Rule for, by ballot...................................  1034
            Of Representatives.  See also Contested elections.
                Apportioned among the States according to numbers.....   226
                Apportionment of, jurisdiction as to..................   729
                Apportionment of (obsolete provision).................    14
                Apportionments, first and last and minimum basis of...    15
                By the people.........................................     5
                Campaign contributions, jurisdiction of matters
                    relating to.......................................   724
                Clerk receives testimony taken in contests............   642
                Contests affected by death............................    18

    [[Page 1367]]

    Each House judge of............................................... 46-51
    Election by districts.......................................... 228, 229
                Functions of State executive..........................    24
                Jurisdiction as to laws relating......................   724
                Of Members, questions relating to, considered by House
                    Administration Committee..........................   724
    Power of each House to judge as related to State laws............. 47-50
                Power to judge as related to law of Congress..........    51
                Prima facie title, enrollment by Clerk not conclusive
                    as to.............................................   644
                Qualifications of electors............................     7
                Question of final right as related to oath............   204
                Questions as to elections in relation to congressional
                    districts.........................................   228
    Regulation of times, places, and manner of....................... 42, 43
    Federal Elections Commission, disapproval of regulations....... 1130(17)
    Special elections in extraordinary circumstances........ 17, 43, 53, 310
                Suffrage not to be abridged for race, color...........   234
                To fill vacancies.....................................    17
            Of Senators.
    Of Senators............................................. 32, 34, 46, 236
                Congress not to interfere as to place of choosing
                    Senators..........................................    42
                Vice President votes in case of tie in cases of
                    contest in Senate.................................    36
    Of President of the United States and Vice President........... 149-153,
                                                                219-223, 249
                Of electors of President and Vice President...........   151
                No person to be elected President more than twice.....   249
                Power of Congress to provide for special, for
                    President.........................................   155
                Majority of electors required to choose a President of
                    the United States.................................   221
                Qualifications of electors of President as to loyalty.   230
                Jurisdiction of matters relating to...................   724
    Election of President by House in certain cases................. 221-223
    Election of Vice President by Senate in certain cases........... 221-223
                Congress to provide for case wherein death occurs
                    among those from whom House and Senate choose
                    President and Vice President respectively.........   246
    Electoral count.
            Constitutional provision for........................... 219, 220
            Jurisdiction of matters relating to.......................   724

    [[Page 1368]]

    Electoral votes.
            Transmittal and count of..................................   220
    Electors.
            Of President, appointment and numbers of............... 151, 250
            Of President, qualifications of loyalty...................   226
            Of President, voting of, and count of the votes...........   219
            Of Senators, qualifications of......................... 236, 238
            Qualifications of Electors............................. 151, 152
    Electronic equipment and form of publication.
            Availability in electronic form and layover requirements.. 1105b
            Committee publications available in electronic form.......   796
            Mobile electronic devices that impair decorum forbidden in
                Chamber...............................................   962
            Standards for electronic documents set by House
                Administration........................................   753
            Voting and quorum calls by,  see Voting.
    Emancipation.
            Of slaves, no compensation for............................   232
    Emergency Planning, Preparedness, and Operations.
            Former Office of.......................................... 1125c
    Emoluments.
            Conditions on acceptance of, by officers..................   144
            Of civil office under United States, increase of during
                term bars Senators and Representatives................    96
    Employees.
            Admission of, to the floor.............................. 678-681
            Appointed by officers of the House........................   640
            Application of employment laws to legislative branch,  see
                Congressional accountability.
            Code of conduct for.......................................  1095
            Compensation, retirement, and benefits, jurisdiction over.   724
            Consultant contractors....................................  1095
            Sergeant-at-Arms responsible for conduct of...............   658
            Drug testing of,  see Drug testing.
            Duties of Committee on House Administration as to.........   724
            Former rule on fair employment practices..................  1101
            Former, admission of to floor.......................... 678, 921
            Nondiscrimination in relation to..........................  1095
            Of committees,  see Committee staffs.
            Of House, relations to claims.............................  1102
            Prohibition on distribution of campaign contributions by..   683
            Relatives of Members, employment of.................... 88, 1095
            To be assigned only to duties for which they are appointed   640
    Enacting words, striking.
            Rule relating to motion...................................   988
            Practice as to use of motion..............................   989

    [[Page 1369]]

    Enemies.
            Treason to consist in adhering to or aiding...............   181
            Aid or comfort to those of the United States..............   232
    Energy and Commerce, Committee on.................................   721
    Energy matters.  See also Nuclear energy.
            Jurisdiction over.
    Coastal zone management........................................ 731, 739
                Commercial application of energy technology...........   721
                Conservation of energy resources......................   721
                Energy information generally..........................   721
                Energy research and development.......................   735
                Interstate energy compacts............................   721
                Interstate transmission of power......................   721
                Mineral resources of public lands and mining..........   731
                National energy policy generally......................   721
                Naval petroleum and oil shale reserves................   718
                Water power...........................................   739
    Engagements.
            Validity of those entered into before adoption of
                Constitution..........................................   194
    Engrossment.
            Of a bill, question on, and procedure.................. 941, 943
            Properly done after a bill is amended.....................   428
            Reading in full not required........................... 941, 943
            Test of strength on.......................................   429
            Endorsement of the title on an engrossed bill.............   431
    Enrolled bills.
            As to raising a question of privilege over delay of, in
                reaching the President................................   572
            As to signing of, by Speaker pro tempore..................   625
            Authority of pro tempore presiding officers to sign
                enrolled bills..................................... 576, 632
            Clerk, duties in connection with..........................   648
            Conditions of signing by the Speaker................... 624, 625
            Parliamentary law as to enrollment........................   573
            Practice of the two Houses of Congress as to enrollment...   574
            Presentation of, to the President.........................   577
            Privileged reports relative to............................   853
            Report as to accuracy.....................................   625
            Signing of, for presentation to the President.............   575
            Signature vacated.........................................   625
    Enumeration.
            Of people for apportionment...............................    15
            Capitation or direct taxes to be proportioned to..........   140
    Equal protection.
            Of law, guaranteed........................................   225

    [[Page 1370]]

    Equity.
            Judicial power extends to all cases of....................   178
            Limitation of judicial power in suits of..................   218
    Equivalent questions.  See Question; Amendments between the Houses.
    Errors.
            Cancellation of signatures of an enrolled bill for..... 575, 625
            Correction of, in enrollment of a bill....................   573
            Correction of, in messages................................   565
            Correction of, in reference of a bill to a calendar.......   828
            Correction of, in reference of bills, petitions........ 824, 825
            Correction of, in reference of bills from Speaker's table
                                                                    873, 874
            Correction of, in the Journal by a committee..............   583
            In a yea-and-nay vote.....................................  1017
            In bills sent to the President............................   110
            In former vote by tellers.................................  1013
            Questions of privilege affect integrity of proceedings....   698
            Rectifying of, after report by tellers....................   503
            Use of joint resolutions to correct bills sent to the
                President.............................................   518
    Establishment.
            Of religion, Congress to make no law respecting...........   208
    Estimates.
            Of appropriations, transmission of, to Congress...........   827
    Ethics.
            Code of Official Conduct..................................  1095
            Financial disclosure......................................  1103
            Former Select Committee on................................  721c
            Limitations on use of frank...............................  1097
            Limitations on outside earned income......................  1099
            Office of Congressional Ethics....................... 806, 1125h
            Sanctions for ethical violations...........................62-66
            Unofficial office accounts prohibited.....................  1096
    Ethics, Committee on.
            Approval of copyright royalty contracts...................  1099
            Composition of............................................   759
            Duties and procedures of as to standards of conduct and
                investigations........................................   806
            Duties under the gift rule................................  1100
            Employing agency under Foreign Gifts and Decorations Act..  721b
            History and jurisdiction of...............................  721b
            Inspector General makes certain reports to................   667
            Privileged reports from...................................   853
            Sanction committee may recommend.......................... 62-66
            Training provided by......................................   806
    Evidence.
            Methods of taking............................. 341-348, 802, 803

    [[Page 1371]]

            Duties of committee clerks as to..........................   695
    Ex-Members.  See Former Members.
    Ex post facto law.
            None to be passed.........................................   139
            States not to pass........................................   146
    Examination.  See Witnesses.
    Excessive bail or fines.
            Not to be required........................................   215
    Excises.  See Taxes and tariffs.
    Exclusion.
            Of certain private bills..................................   822
            Of commemoratives.........................................   823
            Of Member for holding incompatible offices................   101
            Of Member-elect for disqualification.................... 12, 205
            Of petitions, bills for cause.......................... 819, 824
    Excuses.  See Absence.
    Executive.  See President; Executive departments and agencies.
    Executive communications.
            Transmission to House.....................................   827
            Reference of...................................... 816, 873, 874
    Executive departments and agencies.
            Appropriations Committee to study organization and
                operation of..........................................   742
            Congress may vest appointment of certain inferior officers
                in heads of...........................................   166
            Congressional review of agency rulemaking.............. 1130(28)
            Gallery for use of heads of...............................   682
            Heads of, admitted to the floor of the House..............   678
            Jurisdiction of matters relating to reorganization of.....   732
            No employees of, detailed to committee may be employed on
                professional staff except under certain conditions....   779
            Of Government, power of Congress to legislate as to.......   136
            5 U.S.C. 3101; authority to authorize appropriation for
                salary of clerks......................................  1046
            Reference of papers from............................... 873, 874
            Resolutions of inquiry of............................... 864-868
            President may require opinions from officers of...........   161
            Privilege of, as to papers from files.....................   696
    Executive expenses.
            Jurisdiction of appropriations for........................   716
    Executive of State.
            May apply for protection against domestic violence........   189
            Power to demand fugitives from justice....................   185

    [[Page 1372]]

    Executive officers.
            Bound by oath to support the Constitution.................   196
    Executive power.
            Vested in the President...................................   149
    Expedited Procedures.
            For consideration of measures reviewing executive actions.  1130
    Exhibits.
            Use of in debate.................................. 622, 963, 964
    Expenditures.
            Of public money, account to be published..................   143
    Experiment stations.
            Jurisdiction of bills relating to.........................   715
    Explanation.
            Of Member called to order in debate.................... 960, 961
            Personal, made by unanimous consent.......................   945
    Export duties.  See Taxes and tariffs.
    Expulsion.
            Power of the two Houses to punish by................. 62, 63, 66
            Course of Member when subject to debate as to.............   375
            Of a Delegate, question as to.............................   675
            Of Member-elect before taking the oath....................   300
    Expunging.
            Of entries of Journal.....................................    71
    Extradition.
            Of fugitives from justice in any State....................   185
    Extraordinary occasions.
            Power of President to convene Congress on.................   171
    Fact.
            Privilege of the Speaker to speak as to...................   358
            Jurisdiction of Supreme Court as to.......................   179
    Fair employment practices and application of certain laws.
            History of former rules...................................  1101
    Faith.
            For public acts, records, and judicial proceedings of a
                State in other States.................................   183
    Falsehood.
            Not to be charged on Members in debate....................   363
    Fame, common.
            As foundation for investigation...........................   341
            As a ground for impeachment...............................   605
    Federal mandates.
            Statements for conference reports relating to........ 1081, 1127
            Committee reports must contain effect of accompanying
                measures on.................................. 790, 843, 1127
            Former motion to strike...................................   991

    [[Page 1373]]

            Question of consideration to dispose of points of order
                raised under the Unfunded Mandates Reform Act of 1995
                                                                   910, 1127
            Committee on Rules activity report to include waivers
                relating to....................................... 790, 1127
            Committee on Rules may not waive certain points of order
                under Unfunded Mandates Reform Act of 1995............  1127
    Felony.
            Conviction of Member for, nonparticipation in committee
                and House business....................................  1095
            Senators and Representatives not privileged from arrests
                for.................................................. 90, 91
            Relation of privilege to cases of...................... 305, 306
            Congress to punish, on the high seas......................   126
            Extradition for...........................................   185
    Files.  See Papers.
    Financial audits.
            By Inspector General......................................   667
            House officers to cooperate in performance of..... 655, 660, 663
            Of House and joint entities...............................   667
    Financial disclosure.
            By Members, officers, principal assistants, and committee
                professional staff....................................  1103
            Ethics in Government Act..................................  1103
            Financial audits of House and joint entities..............   667
    Financial Services, Committee on..................................   722
    Fines.
            Excessive, not to be imposed..............................   215
            As condition of discharging Member arrested for absence...    55
    First reading.  See Reading.
    Five-minute rule.
            Applicability to committee hearings.......................   802
            Closing of debate under...................................   987
            Former rule proscribing committee sittings during...... 324, 801
            Debate must be on the subject.............................   948
            Debate on amendments submitted in advance and printed in
                Record................................................   987
            Debate on appeal in Committee of the Whole................   629
            Reading and amendment of bills under......................   980
            Pro forma amendments......................................   981
    Fix the day and hour, motion to.  See Adjourn, motion to.
    Flag.
            Pledge of Allegiance................................... 687, 869
    Floor, Hall of House.
            Abuse of privilege of.....................................   679
            Admission of representative of press and radio to...... 693, 694

    [[Page 1374]]

            Admission of certain former Members.......................   680
            Distribution of campaign contributions prohibited..... 650a, 683
            Decorum of Members on,  see Decorum.
            Duty of Sergeant-at-Arms to clear of nonprivileged persons   658
            Electoral count held in...................................   220
            Exhibits, use of,  see Exhibits.
            Persons and officials admitted during sessions of the
                House......................................... 678, 680, 681
            Sergeant-at-Arms enforces rules relating to privilege of..   658
            Speaker preserves order on............................. 331, 622
            Use of....................................................   677
            Yielding of, in debate,  see Debate.
    Forces.
            Conditions to make rules for land and naval...............   131
            Land or naval, trial for crimes in........................   212
    Foreign affairs.
            International commodity agreements, jurisdiction over.....   723
            International economic policy, jurisdiction over..........   723
            International education, jurisdiction over................   723
            International financial and monetary organizations,
                jurisdiction over.................................. 722, 744
            International fishing agreements, jurisdiction over.... 731, 744
            International waters, jurisdiction over...................   723
            Limitation on loans to foreign entities................ 1013(32)
            Non-proliferation and nuclear export agreements... 723, 1130(10)
            President's relations to..................................   165
    Foreign Affairs, Committee on.
            History and jurisdiction of...............................   723
            Special oversight functions of............................   744
            Reports private bills.....................................   817
    Foreign coin.  See Coin.
    Foreign gifts and decorations.
            Constitutional prohibition................................   144
            House rules regarding................................. 753, 1100
            Law regulating acceptance.................................   145
    Foreign ministers.
            Admitted to the floor of the House........................   678
            Gallery for use of........................................   682
    Foreign nations.
            Judicial power extends to cases affecting certain.........   178
            Limitations on suits of subjects of, against..............   218
            Power of Congress to regulate commerce with...............   119
            States not to make engagements with, except on conditions.   148
            Titles, gifts from.................................... 144, 1100

    [[Page 1375]]

    Forest reserves and forestry.
            Jurisdiction of bills relating to...................... 715, 731
    Forfeiture.
            In cases of, treason......................................   182
    Form of government.
            Republican, guaranteed to the State.......................   189
    Former Members, admission to floor.  See Floor.
    Forms.
            Of putting question:
                For viva voce vote....................................   630
                On question of consideration..........................   906
                On engrossment and third reading of a bill............   941
                On the passage of a bill..............................   499
            Of resolutions of inquiry.................................   865
            Of reports from Committee of the Whole................. 333, 334
            Of salutation of reception of messages....................   564
            Of going into Committee of the Whole......................   328
            Of oath of Members........................................   197
    Forthwith.
            Reference with instructions to report.....................   917
    Forts.
            Power of Congress over places purchased for...............   134
    Forty minutes' debate.  See Debate.
    Fourteen days.
            Discharge of resolutions of inquiry..................... 864-867
    Franking privilege.
            House Commission on Congressional Mailing Standards.......  1113
            Limitation on use of......................................  1097
    Fraud.
            In introduction of a bill.................................  825a
    Free conference.  See Conference.
    Freedom.
            Of religion, speech, the press, and right of assembly and
                petition..............................................   208
    Fugitives.
            From justice, extradition of..............................   185
            From service or labor, return of..........................   186
    Galleries.
            As to right to demand clearing of.........................   382
            Distribution, admission, and control of...................   682
            Members may not introduce occupants in, to House..........   966
            Power of chair of Committee of the Whole as to order in...   970
            Speaker may order, to be cleared..........................   622
            The Press Gallery.........................................   693
            The Radio/TV Gallery......................................   694

    [[Page 1376]]

    Government Accountability Office, assistance to committees........  1115
    General appropriation bills.  See Appropriations.
    General Counsel.
            Office of............................................ 670, 1125b
    General debate.  See Debate.
    General revenue sharing.
            Jurisdiction over.........................................   732
    General welfare.
            Power of Congress to provide for..........................   117
    Germane.
            Amendments required to be germane.........................   928
            Amendment being considered, which would have been subject
                to a point of order, may be perfected by amendments
                germane to it.........................................  1058
            Amendments imposing conditions, qualifications, and
                limitations...........................................   940
            Amendments to bills amending existing law.................   939
            Burden of proof as to germaneness.........................   928
            Committee jurisdiction as test of germaneness.............   934
            Fundamental purpose as test of germaneness................   933
            A general provision not germane to a specific subject.....   937
            Instructions to committees and amendments thereto must be
                germane...............................................   930
            One individual proposition not germane to another.........   936
            Parliamentary law as to germaneness.......................   467
            Proposition to which amendment must be germane............   929
            Senate amendments and matter contained in conference
                reports, separate vote if not germane....... 931, 1089, 1090
            Specific subjects germane to general propositions of the
                class.................................................   938
            Subject matter as test of germaneness.....................   932
            Various tests of germaneness are not exclusive............   935
    Gifts.
            Acceptance of by House Administration Committee...........   753
            Foreign...................................................   144
            Gift rule.................................................  1100
    Government.
            Economy and efficiency in, jurisdiction over..............   732
            Intergovernmental relationships, jurisdiction over........   732
            Republican form of, guaranteed to the States..............   189
            Right of people to petition...............................   208

    [[Page 1377]]

    Government Operations, Committee on.  See Oversight and Government
        Reform, Committee on.
    Government Reform, Committee on.  See Oversight and Government Reform,
        Committee on.
    Government Reform and Oversight, Committee on.  See Oversight and
        Government Reform, Committee on.
    Government, seat of.
            Power of President to convene Congress at another place..... 82,
                                                                82a, 84, 171
            Power of Congress to legislate for........................   134
    Governors of States.
            Admitted to the floor of the House........................   678
            Fill certain vacancies in Senate..........................    34
            Issue writs to fill vacancies in representation.......... 17, 24
            May apply for protection against domestic violence........   189
            Power to demand fugitives from justice....................   185
    Grand Jury.
            Indictment by, as related to trial for crime..............   212
    Grants.
            Of land, judicial power extends to cases affecting certain   178
    Grievances.
            Right of people to petition for redress of................   208
    Grounds.
            Jurisdiction as to occupied or improved...................   739
    Habeas corpus.
            Suspension of writ of.....................................   138
    Hall of the House.  See Floor, Hall of House; Galleries.
    Harbors.
            Jurisdiction of subjects relating to the improvement of...   739
    Hats.
            Not to be worn by Members in the House................. 377, 962
    Heads of departments.  See also Departments.
            Admitted to the floor of the House........................   678
            Congress may vest appointment of certain inferior officers
                in....................................................   166
            Gallery for use of Cabinet................................   682
            Rule for reference of papers from...................... 873, 874
    Health.
            Care and facilities supported by general revenues,
                jurisdiction over.....................................   721
            Care supported by payroll deductions, jurisdiction over...   741
            Biomedical research and development, jurisdiction over....   721
            Public health and quarantine, jurisdiction over...........   721
            Veterans' health care, jurisdiction over..................   740
            Human nutrition, jurisdiction over........................   715
    Hearings.
            Exclusion of Members and public from......................   798

    [[Page 1378]]

            Five-minute rule when examining witnesses in..............   802
            Rules to be adhered to in......................... 746, 798, 803
    High crimes and misdemeanors, impeachable offenses.  See Impeachment.
    High seas.
            Punishment of piracies and felonies on....................   126
    Hissing.
            Not in order during debate................................   364
    Historian.
            Office of House...........................................   669
    Holman rule.
            Decisions under Holman rule (in brief)....................  1062
    Homeland Security.
            Committee on..............................................  723a
            Former select committees on...............................  723b
    Honorarium.
            Limitations on................................. 1095, 1099, 1103
    Hour of meeting.
            Speaker takes Chair at....................................   621
            Fixed.....................................................   621
            Standing order as to, expires with the session............   386
            Jurisdiction of orders as to daily........................   733
            Motion to fix.......................................... 911, 913
    Hour rule.
            Of debate.................................................   957
    House Administration, Committee on.
            Allowances of Members and committees, authority to adjust
                                                                      86, 88
            Approval of reserve fund for committee expenses...........   763
            Availability for one day of reports on committee expense
                resolutions................................... 851, 764, 765
            Chair and four members serve on Joint Committee on the
                Library...............................................  1110
            Chair and four members serve on Joint Committee on
                Printing..............................................  1111
            Details to committees from Government agencies permitted
                by....................................................   779
            Duty as to acceptance of gifts............................  679d
            Duty as to approval of certain employment settlements.....  679e
            Duty as to relations of officers and employees to claims..  1102
            Duty as to direction of Inspector General and Chief
                Administrative Officer................................   752
            Duty as to standard for electronic documents..............   753
            Former duty as to enrolled bills..........................   754
            Duty as to termination of LSOs.............................. 88a
            Former Subcommittee on Administrative Oversight...........   744
            History, jurisdiction, and duties of................... 724, 750

    [[Page 1379]]

            Oversight responsibilities................................   743
            Privileged reports from...................................   853
            Reports on committee expense resolutions............... 763, 764
            Reports on election cases.................................   853
            Responsibilities relating to committee staff........... 776, 779
    House as in Committee of the Whole.
            Procedure in............................................ 424-427
            Procedure in generally applicable to House committees...... 407,
                                                                         792
    House Calendar.
            Certain bills placed on, to await action of House.........   828
            Bills on, considered on Calendar Wednesday................   900
            Bills on, considered during ``Morning Hour''..............   880
    House of Commons.
            Members of.
                Common fame as ground for investigation of............   341
    Privilege of.......................................... 287-289, 305, 307
                Relation to the sovereign.............................   309
            Powers of and Procedure in.
                Call of the House.....................................   311
                Election of Speaker...................................   312
    Entry of votes in Journal of................................... 581, 582
                Jurisdiction of as to impeachments....................   601
                Motion to strike......................................   468
                Parliamentary law as to the adjournment of the Lords
                    and Commons.......................................   584
                Possession of a bill by...............................   437
                Power to punish for contempt..........................   296
    Previous question.............................................. 461, 463
                Principles as to disagreeing, insisting, and adhering.   521
                Privileged motions....................................   447
                Proceedings in cases of assaults and affrays..........   367
                Receipt of address....................................   316
                Rules as related to the privilege of minorities.......   283
                Sessions of Parliament................................   588
    Voting in...................................................... 502, 505
    House of Representatives.
            Part of Congress..........................................     3
            Accounts, jurisdiction of matters relating to.............   724
            Assignment of rooms in office buildings...................  1114
            Attendance of, at an impeachment trial....................   617
            Authority as to treaties................................ 594-599
            Bills for raising revenue to originate in................... 102
            Choice of President by................................. 221, 222
            Chooses Speaker and other officers................... 26-30, 640
            Composed of Members chosen by people......................   5-7

    [[Page 1380]]

            Confirms nomination of Vice President.....................   253
            Contingent fund (applicable accounts of the House), leave
                to report on expenditures at any time.................   853
            Contingent fund (applicable accounts of the House),
                jurisdiction of matters relating to...................   724
            Door of, kept by Sergeant-at-Arms...................... 380, 658
            Early organization of.....................................  1126
            Electoral votes to be counted in presence of..............   219
            Employment of persons, jurisdiction of matters relating to   724
            Has power of impeachment..................................    31
            Historian for.............................................   669
            Indecent language against, not permitted in debate........   360
            Its power to make rules................................... 58-60
            Leadership, compensation, and emoluments of.............. 86, 89
            Library, Clerk's..........................................   650
            Library, jurisdiction of matters relating to..............   724
            May it prescribe qualifications of Members?...............    12
            Meets at noon............................................ 6, 621
            Members,  see Members.
            Officers,  see Officers.
            Place of meeting,  see Place.
            Power of President to convene or adjourn..................   171
            Power to punish and expel its Members..................... 62-66
            Questions of privilege affecting........................ 698-668
            Required to keep a Journal................................    68
            Rules,  see Rules.
            Services, jurisdiction of matters relating to.............   724
            Use of Hall of............................................   677
            Vacancies in.............................................. 17-25
    House office buildings.
            Administration of, jurisdiction of matters relating to....   724
            Assignment of rooms in....................................  1114
            Jurisdiction of matters relating to.......................   739
    House Recording Studio.  See Recording Studio.
    House restaurant.  See Restaurant.
    Houses.
            Relation between two of Congress.
    Provisions of Legislative Reorganization Act of 1946 applicable to
    both.......................................................... 1106-1107
                Bill from one laid on the table in the other..........   520
                Communicate fact of rejection of a bill...............   568
                Complaint by one House of conduct of a Member of the
                    other.............................................   373
                Debate and proceedings in the other House not to be
                    noticed in debate.................................   371

    [[Page 1381]]

                Duty of the Speaker to prevent expressions offensive
                    to the other House................................   374
                Do not communicate votes by which bills are passed....   567
                Each judge of elections...............................    46
                Information transmitted as to bills...................   520
                Messages between to be sent only when both are sitting
                    under former rule.................................   560
                Messages from the President usually sent to both at
                    once..............................................   571
                Neither should encroach on the other..................   308
                Procedure when an inquiry in one, implicates a Member
                    of the other......................................   323
                Procuring attendance of witness in custody of other
                    House.............................................   345
                Questions asked by committee, not by message..........   569
                Questions as to prerogatives committed to conference..   531
                Relations of, as to summoning Members or officers as
                    witnesses.........................................   292
                Right of each, to inspect Journal of the other........   582
                The other House and its Members not to be criticized
                    in debate.........................................   372
            Private.
                Security of, as to searches and seizures..............   211
                As to quartering of soldiers in.......................   210
    Immigration.
            Power of Congress over....................................   137
    Immunities.
            Of citizens not to be abridged............................   225
            Of citizens in States other than their own................   184
            Of witnesses before committees............................   343
    Impeachment.
            Civil officers removable by...............................   173
            As to who is a civil officer..............................   174
            Nature of impeachable offenses............................   175
            Later impeachment inquiries...............................   176
            Cases of, not to be tried by jury.........................   180
            House has sole power of...................................    31
            Senate alone tries........................................    38
            Conviction by two-thirds only.............................    38
            Judgment in cases of......................................    41
            President not to pardon in cases of.......................   162
            Jurisdiction of Lords and Commons as to...................   601
            Parliamentary law as to accusation in.....................   602
            Inception of proceedings in the House of Representatives..   603
            A proposition to impeach a question of privilege..........   604
            Investigation of charges..................................   605

    [[Page 1382]]

            Procedure of committee in investigating...................   606
            Common fame as ground for investigation with view to......   341
            Carried to the Senate.....................................   607
            The writ of summons for appearance of respondent..........   608
            Exhibition and form of articles...........................   609
            Parliamentary law as to appearance of respondent..........   610
            Requirements of the Senate as to appearance of respondent.   611
            Answer of respondent......................................   612
            Other pleadings...........................................   613
            Examination of witnesses..................................   614
            Attendance of the Commons.................................   616
            Attendance of the House of Representatives................   617
            Voting on the articles in the trial.......................   618
            Judgment in...............................................   619
            Not interrupted by adjournments...........................   620
            Continued before the Senate from session to session.......   592
    Importation.
            Of persons, power of Congress over........................   137
            Of intoxicating liquors...................................   248
    Imports.  See Taxes and tariffs.
    Imposts.  See Taxes and tariffs.
    Impoundment.
            Control Act of 1974.................................... 1130(6a)
            Impoundment resolutions, definitions, and procedures for
                consideration of................................... 1130(6a)
            Deferral of appropriations, jurisdiction over.......... 716, 717
    Imprisonment.
            Of person who assaulted a Member..........................    91
            As to termination of an order of..........................   386
    Inability.
            Of President or Vice President.................... 155, 254, 255
            Of President-elect or Vice President-elect................   244
    Inauguration.
            Ceremonies of.............................................   159
            Joint Committee on........................................  1112
            Of President when day falls on Sunday.....................   150
    Incapacity.  See also Vacancy.
            Of Members-elect..........................................   205
            Of the President..........................................   256
    Income.
            Limitation on outside earned..............................  1099
    Incompatible offices.
            Relation of Members to................................... 97-101
            As to what are............................................    98
            Jurisdiction of matters relating to.......................   729

    [[Page 1383]]

    Indefinite postponement.
            Use of the motion for.....................................   443
    Index.
            Of the Journal, Clerk to make.............................   647
    Indians.
            Jurisdiction of subjects relating to................... 720, 731
            Authority of House as to Indian treaties..................   598
            Power of Congress to regulate commerce with...............   119
            Excluded from basis of representation where not taxed.....   226
    Indictment.  See also Impeachment.
            Of grand jury as related to trial for crime...............   212
    Informal rising of Committee of the Whole.  See Committee of the Whole.
    Information.
            Classified, oath not to disclose..........................  1095
            To be given to Congress by the President............... 169, 170
    Inhabitancy.
            As qualification of a Member..............................    11
            As qualification of a Senator.............................    35
            As qualification of the President of the United States....   154
            As modifying the vote of presidential electors............   219
            As a condition of citizenship in the United States and the
                States................................................   225
    Inquiry.
            Resolution of.
                As related to the Executive...........................   868
                Discharge of committee from...........................   867
                Form and delivery of..................................   865
                Privileged status of..................................   866
                Rule relating to......................................   864
            For an investigation.  See Investigations.
            Parliamentary.
                No appeal from responses to...........................   629
    Insert, motion to.  See Amendment.
    Insist, motion to.  See Amendments between the Houses.
    Inspection laws.
            Rights of States to levy duties or imposts, to execute....   147
    Inspector General.
            Office of.................................................   667
    Instructions.  See Commit; Conference; Discharge; Recommit; Recommittal;
        Refer.
    Insular affairs.
            Jurisdiction of revenue matters...........................   741
            Jurisdiction of subjects relating to, generally...........   731

    [[Page 1384]]

    Insult.
            Member censured for, to the House.........................    65
            Bills or petitions excluded for being insulting........ 818, 891
    Insurrection.
            Suppression of............................................   132
            Debts incurred in suppressing, not to be questioned.......   232
            Debts incurred in aid of, not to be paid..................   232
            Participation in, as a disqualification for office........   230
    Intelligence, Permanent Select Committee on.
            History and jurisdiction of...............................   785
            Oversight jurisdiction of.................................   744
            Procedures for disclosure of classified information... 785, 1095
    Interest.
            Disqualifying personal, as to voting.............. 376, 671, 672
    International Relations, Committee on.  See Foreign Affairs, Committee
        on.
    Interparliamentary Affairs.
            Office of.................................................  1124
    Interruptions.
            Procedure as to, during debate............................   364
            Member having the floor not to be interrupted by motions..   946
            Of Member having the floor in debate......................   945
            Of Member having the floor, by a call to order............   393
            Of business or debate, by conference report...............  1077
            Of a record vote..........................................  1018
            Of record vote by recess not permitted....................   586
            Of the call of committees.................................   881
    Interstate compacts.  See Compacts.
    Intervening questions.  See Privileged Questions; Privilege, questions
        of.
    Intoxicating liquors.
            Jurisdiction as to prohibited traffic in..................   730
            Jurisdiction as to sale of, in District of Columbia.......   732
            Transportation and importation under the 21st amendment...   248
    Introducer, right to speak twice.  See Debate.
    Introduction of bills.  See Bills.
    Invasions.
            Repelling of..............................................   132
            States to be protected against............................   189
            Suspension of writ of habeas corpus for...................   138
    Inventors.
            Congress may provide for patents for......................   124
    Investigation.  See also Committees; Contempt; Counsel; Impeachment;
        Witnesses.
            Common fame as a ground for...............................   341

    [[Page 1385]]

            Earlier and later practice as to, inquiries at the bar of
                the House.............................................   344
            Jurisdiction of resolutions ordering......................   733
            Method of obtaining testimony of a Member of the other
                House.................................................   347
            Procedure when a Member or Senator is involved.......... 321-323
            Procuring attendance of a witness in custody of the other
                House.................................................   345
    Involuntary servitude.
            Not to exist except for punishment for crime..............   224
    Jefferson's Manual.
            As source of general parliamentary law....................    60
            Part of rules of House....................................  1105
            Purposes and methods of preparation of (footnote).........   283
            Text of................................................. 283-620
    Jeopardy.
            Of life and limb, not to occur twice......................   212
    Joint committees.  See Committees, joint.
    Joint resolutions.
            Nature and use of.........................................   397
            Clerk certifies to passage of.............................   648
            For amendments to Constitution, not approved by President.   115
            Division of, not in order on vote on engrossment or
                passage...............................................   921
            Signed by Speaker.........................................   624
            Use of, to correct an error in a bill sent to the
                President.............................................   518
            Used for abrogating treaties..............................   599
            Used for amendment to the Constitution....................   191
    Joint rules.
            Jurisdiction as to........................................   733
            Abrogated............................................... 61, 316
            Reference to..............................................  1105
    Joint sponsorship.  See Bills; Memorials.
    Journal.
            In general.
                Clerk to publish and distribute.......................   647
                House required to keep and publish....................    68
                Not to go out of Clerk's custody......................   352
                Secrecy of portions of................................    68
    The official record of proceedings.............................. 69, 582
            Entries in.
                Record of proceedings only............................    70
    Clerk to note questions of order in............................ 628, 647
                Conditions under which reports are printed in.........   422
                Control of House over.................................    71
                Of amendments.........................................   580

    [[Page 1386]]

                Of certain messages...................................   815
                Of conference reports.................................   542
                Of introduction of bills, petitions, and resolutions..   818
                Of Members noted to make a quorum.....................  1020
                Of messages from President............................   875
                Of motions............................................   902
                Of motions (obsolete provisions as to)................   578
                Of motions to discharge committees....................   892
                Of names of absentees when quorum fails in Committee
                    of the Whole......................................   982
                Of names of Members appearing during call of the House  1021
                Of President's objection to a vetoed bill.............   104
    Of questions and answers in, at examinations at the bar of the
    House.......................................................... 343, 344
                Of questions postponed or laid on the table...........   579
                Of record of votes....................................    72
                Of former recorded teller votes in Committee of the
                    Whole or in House.................................  1013
    Of reference of public bills, memorials........................ 825, 826
                Of report of enrolled bills presented to the President   577
                Of titles of reported bills...........................   831
                Of votes, in the House of Commons.....................   581
    Of yeas and nays generally........................................ 75-80
                Of yeas and nays on vetoed bill.......................   104
    Relations of, to presence of a quorum.......................... 55, 1027
                Words of censure......................................    65
            Reading of.
    As related to quorum........................................... 55, 1027
                Business not transacted before........................   621
                Disorder during.......................................   621
                For approval..........................................   621
                Interruption of.......................................   621
                May be interrupted by a question of privilege.........   710
    Member sworn in before......................................... 201, 621
                Motion to adjourn before..............................   621
                Motion that, be read in full only upon rejection of
                    Speaker's approval................................   621
                Not interrupted by conference report..................  1077
                Place in order of business............................   869
            Amendment and approval.
    Amendment of.................................................... 74, 621
    Approval of, by House........................................... 73, 621
                Correction of, through a committee....................   583
                Postponement of record vote on, approval of...........  1030

    [[Page 1387]]

                Preliminary approval by Speaker.......................   621
    Judges.
            Bound by Constitution and laws............................   195
            Of Supreme Court, President appoints......................   166
            Of Supreme Court, admitted to the floor...................   678
            Of Supreme Court, gallery for use of......................   682
            Tenure and compensation of................................   177
            As to impeachable offenses by........................... 174-176
    Judgment in impeachments.  See Impeachment.
    Judicial officers.
            Bound by oath to support the Constitution.................   196
    Judicial power.
            Jurisdiction of Supreme Court.............................   179
            Limitations of, in suits in law and equity................   218
            Scope of..................................................   178
            Vested in supreme and inferior courts.....................   177
    Judicial proceedings.
            States reciprocally to give full faith and credit to......   183
    Judiciary, Committee on the.
            History and jurisdiction of...............................   729
            Reports private claims bills........................... 729, 817
            Records transferred to from former Committee on Internal
                Security..............................................   730
    Jurisdiction.
            Of committees of the House.
                Conferred by uncorrected error in reference of public
                    bill..............................................   825
                Not conferred by erroneous reference of private bill..   824
    Of the Permanent Select Committee on Intelligence.............. 744, 785
                Referrals to assure each committee opportunity to
                    report on subjects within.........................   816
            Of the standing committees, severally
                Agriculture...........................................   715
                Appropriations........................................   716
                Armed Services........................................   718
                Budget................................................   719
                District of Columbia, former Committee on.............   732
                Education and the Workforce...........................   720
                Energy and Commerce...................................   721
                Ethics................................................  721b
                Financial Services....................................   722
                Oversight and Government Reform.......................   732
                Homeland Security.....................................  723a
                House Administration..................................   724
                Foreign Affairs.......................................   723

    [[Page 1388]]

                Judiciary.............................................   729
    Merchant Marine and Fisheries, former Committee on... 718, 731, 735, 739
                Post Office and Civil Service, former Committee on....   732
                Natural Resources.....................................   731
                Rules.................................................   733
                Science, Space, and Technology........................   735
                Small Business........................................   736
                Transportation and Infrastructure.....................   739
                Veterans' Affairs.....................................   740
                Ways and Means........................................   741
            Of the United States.
                As related to citizenship.............................   225
                Slavery and involuntary servitude forbidden in places
                    under.............................................   224
            Of the Supreme Court.
                Original and appellate, of Supreme Court..............   179
    Jurors.
            All cases of crimes to be tried by, except in impeachments   180
            Grand, indictment by, as related to trial for crime.......   212
            Privilege of Members of Congress as to summons as...... 290, 291
            Privilege of members of Parliament as to summons as.......   287
            Relation of trial by, to impeachment......................   615
            Right to trial by, in criminal prosecutions...............   213
            Suits at common law tried by..............................   214
    Justice.
            Extradition of fugitives from.............................   185
    Kings.
            Gifts, titles, to be accepted on conditions...............   144
    Labor.
            Return of fugitives from..................................   186
            Jurisdiction of regulation or prevention of importation of
                contract labor........................................   720
            Jurisdiction of matters relating to transportation labor..   739
            Jurisdiction of subjects relating to, generally...........   720
    Land forces.
            Congress to make rules for................................   131
    Lands.
            Irrigation of, jurisdiction as to.........................   731
            Judicial power extends to cases affecting certain grants..   178
            Jurisdiction as to occupied or improved grounds...........   739
            Jurisdiction of private claims to...................... 679, 817
            Mineral, jurisdiction of matters relating to..............   731
            Public, jurisdiction of matters relating to...............   731

    [[Page 1389]]

    Law.
            As related to legislative functions.
                As agency for prescribing qualifications..............    12
            As related to power of House to elect officers........... 29, 30
    Application of laws to legislative branch,  see Congressional
    accountability.
                Appropriations to be made by..........................   143
                Authority to administer oaths conferred by............    59
                Bill to be approved before becoming...................   104
                Civil and criminal, jurisdiction of subjects related
                    to................................................   729
                Fixes compensation of Representatives and Senators....    86
    Meeting of Congress by.......................................... 45, 279
                Of Congress as related to power to judge elections....    51
    Of State as related to House's power of judging elections......... 48-50
                Passed over veto by two-thirds........................   104
                Procedures contained in, for congressional vetoes of
                    executive action..................................  1130
    Relation of, to power to determine rules.................. 59, 388, 1130
                Revision of, jurisdiction of subjects relating to.....   729
                That of 1789 relating to administration of oath at
                    organization......................................   198
            Parliamentary.
                General, before adoption of rules.....................    60
                Jefferson's Manual as a statement of..................   284
                Relations of the parliamentary law to the early
                    practice of Congress..............................   285
            Making and execution of.
                Congress to provide for calling forth militia to
                    execute...........................................   132
                Power of Congress to make.............................   136
                President to see that laws are faithfully executed....   172
                When made in pursuance of the Constitution the supreme
                    law of the land...................................   195
            Relations of judicial power to.
                Congress may fix places for trial of certain crimes by   180
                Judicial power extends to all cases of................   178
                Jurisdiction of Supreme Court as to...................   179
                Jury trial for suits at common........................   214
                Limitation of judicial power in suits of..............   218
                Of United States, judicial power extends to cases
                    arising under.....................................   178
                Rules of, in courts...................................   214
            Guarantees of liberty and property.
                Due process of, no person to be deprived of life,
                    liberty, or property without......................   212

    [[Page 1390]]

                Due process of, no person to be deprived of life,
                    liberty, or property by a State without...........   225
                Equal protection of, guaranteed.......................   225
                Impairing obligations of contract, no State to pass...   146
                No ex post facto, to be passed........................   139
                States not to pass ex post facto......................   146
            In General.
    Application of laws to legislative branch,  see Congressional
    accountability.
                Certain, of States subject to revision and control of
                    Congress..........................................   147
                Of nations, offenses against..........................   126
                Punishment of, additional to impeachment..............    41
                Treaties abrogated by.................................   599
    Law Librarian.
            Admitted to floor of the House............................   678
    Law Revision Counsel.
            Office of, establishment and duties of....................  1120
    Lay on the table, motion to.
            Conditions, precedence, and effect of.
    Precedence and general effect and conditions of................ 911, 914
                Conditions of, repetition of..........................   918
                Effect of, as to main question and secondary questions   914
                May intervene before Member in charge begins debate...   955
                Not debatable.........................................   911
                Not in order in Committee of the Whole................   914
                Older and modern use of...............................   445
            Relations to other motions.
                May be applied to other secondary motions.............   914
                Not in order after previous question is ordered.......   914
                Relations of, to motion to reconsider.................  1009
                Relations of, to the previous question................   998
            Application of.
                Applicable to bills from the other House..............   519
                Applicable to preamble of a resolution................   414
                Applicable to vetoed bill.............................   108
                Applicable to Senate amendments.......................  528d
                Not applied to a conference report....................   550
    Leadership.
            Bipartisan Legal Advisory Group, members of...............  670a
            Coordination of oversight plans...........................   743
            Joint recall authority....................................    84
            Member designated by on Committee on the Budget...........   758
            Special order hours.......................................   950

    [[Page 1391]]

            Staff allowances..........................................    89
            Staff floor privileges....................................   678
            Clearance of certain unanimous-consent requests...........   857
    Leave for committees to report at any time.  See Committees.
    Leaves of absence.  See Absence.
    Leave to print in Congressional Record.  See Congressional Record.
    Legal tender.
            States restricted as to making............................   146
    Legislation.
            On general appropriation bills prohibited,  see
                Appropriation Bills.
            Power of Congress as to District of Columbia and ceded
                places................................................   134
            Power of Congress to legislate to enforce the 13th, 14th,
                  and 15th amendments...........................  224, 233,
                                                                         234
            Territorial, revision of, jurisdiction as to..............   731
    Legislative call system...........................................  1016
    Legislative Counsel, Office of....................................  1118
    Legislative day.
            Speaker takes Chair on each...............................   621
            Journal dated as of.......................................    69
    Legislative expenses.
            Jurisdiction of appropriations for........................   716
    Legislative oversight by standing committees.  See Committees.
    Legislative powers.  See also Congress, powers of.
            Of Congress............................................ 117, 136
            Vested in Congress........................................     3
            Legislative service organizations...................... 88a, 754
    Legislative veto.
            Laws providing mechanisms for legislative procedure.......  1130
    Legislatures of States.
            Function of, in prescribing times of elections of
                Representatives...................................... 42, 43
            As related to qualifications of Electors..................     7
            Choose Senators (obsolete)................................    32
            Constitutional convention to be called on application of..   190
            In recess of, governor appoints Senator (obsolete)........    34
            May apply for protection against domestic violence........   189
            May empower State executive to make temporary appointment
                of Senator............................................   236
            Power as to joining or dividing of their States...........   187
            Direct manner of appointment of electors of President.....   151
            Power of Congress over places purchased with consent of...   134

    [[Page 1392]]

            Members of, bound by oath to support the Constitution.....   196
            Ratification of constitutional amendments by..............   190
    Letters of Marque.
            And reprisal, Congress to grant...........................   127
            States not to grant.......................................   146
    Liberty.
            No person to be deprived of it without due process of law.   212
            No State to deprive a person of, without due process of
                law...................................................   225
    Librarian.
            Preserves committee hearings..............................  1107
            Of Congress, admitted to floor of House...................   678
            Assistant in Law Library admitted to floor of House.......   678
    Library.  See also Congressional Research Service.
            Of Congress, jurisdiction of Committee on House
                Administration as to..................................   727
            Of Congress, jurisdiction of matters relating to buildings
                and grounds...........................................   739
            Of Clerk's office, certain books and documents to be
                retained in...........................................   650
            Preserves committee hearings..............................  1107
            Joint Committee on........................................  1110
    Lie.
            Not to be charged against Member in debate................   363
    Life.
            No person to be deprived of it without due process of law.   212
            No State to deprive a person of, without due process of
                law...................................................   225
            Persons not to be put twice in jeopardy of................   212
    Limitations.
            On general appropriation bills,  see Appropriation bills.
            On outside earned income..................................  1099
            On use of frank...........................................  1097
    Line item veto authority.
            Presidential authority................................. 1130(6b)
    Lists.
            Presidential electors to make certain.....................   219
    Loans (foreign).
            Jurisdiction of matters relating to.................... 723, 729
    Lobby.
            Speaker may order to be cleared...........................   622
            Power of chair of Committee of the Whole as to order in...   970
    Lobbying.
            By committee consultants..................................  1095
            Gifts from lobbyists........................... 1095, 1100, 1103
            Floor privileges of lobbyists.............................   680
            Jurisdiction of matters relating to.......................   729

    [[Page 1393]]

    Loss of a bill.  See Bills.
    Loyalty.
            As related to the oath and qualifications.............. 205, 230
            Removal of disabilities as to.............................   231
    Mace.
            Symbol of Sergeant-at-Arms................................   657
    Magazines.
            Power of Congress over places purchased for...............   134
    Mail.
            Delivery of...............................................   668
            Jurisdiction of bills relating to.........................   732
            House Commission on Congressional Mailing Standards.......  1113
    Majority.
            Required in elections.
                Necessary for election on ballot vote.................  1034
                Of Senators for choice of a Vice President............   263
                President chosen by...................................   263
    Speaker elected by.............................................. 27, 312
            In procedure of the House.
    Constitutes quorum of a standing or select committee for certain
    actions.............................................. 409, 798, 799, 805
    Constitutes quorum of House...................................... 52, 53
                Decisions of the House reached by.....................   508
                May reconsider a vote ordering yeas and nays..........    79
                Questions as to priority of business decided by.......   884
    To send bill to conference on motion.............. 791, 1069, 1070, 1071
                Rules to be a restraint on............................   283
                Special requirements as to two-thirds vote............   509
    Managers of a conference.  See Conference.
    Manner of elections.  See Elections.
    Manual, Jefferson's.  See Jefferson's Manual.
    Marine affairs.
            Jurisdiction over subjects related to.....................   731
    Marine hospitals.
            Jurisdiction as to........................................   721
    Maritime jurisdiction.
            Judicial power extends to cases of........................   178
    Mass mailing.
            Franking of...............................................  1097
    Measures.
            Congress to fix standard of...............................   121
            Jurisdiction of subjects relating to......................   735
    Meeting.
            Of Congress.
    Once every year................................................. 45, 242
                Laws appointing different day for.....................   243

    [[Page 1394]]

                Power of President to convene.........................   171
                Other power to convene................................   171
                Time of...............................................     6
                Jurisdiction of bills to change date of...............   729
    Duties of Clerk at organization of the House.................... 643-645
    Administration of the oath at organization...................... 198-204
            Of the House.
                Speaker takes Chair at hour of........................   621
                Standing order as to daily hour of, expires with the
                    session...........................................   386
                Jurisdiction of orders as to..........................   733
            Of committees.
    Of committees............................................. 407, 793, 805
    Former rule proscribing sittings during five-minute rule....... 324, 801
                Prohibited during joint meetings and sessions.........   801
                Of managers of a conference...........................   548
                Of presidential electors in the several States........   262
                Power to sit and act inside United States.............   805
                When chair refuses to call............................   793
    Members.
            Election of.  See Elections; Contested elections.
            Vacancies by death, resignation.  See Vacancies.
            Qualifications of.  See Qualifications.
            Relations of, to oaths.  See Oath.
            Compensation, seats, rooms, and clerks.
    Admission to floor of House,  see Floor.
                Clerk to distribute certain documents to..............   649
                Clerk formerly kept stationery accounts of............   642
                Clerk to furnish to, a list of certain reports........   646
    Committee on House Administration may adjust certain allowances..... 86,
                                                                          88
    Compensation of.............................................. 85-88, 258
                Compensation may not vary until intervening Congress..   258
                Family and card galleries for use of..................   682
    Franking privilege........................................... 1097, 1113
                Jurisdiction over subjects related to.................   724
                Jurisdiction over travel matters of...................   724
    Mileage of, determined by a committee........................... 85, 724
                Nondiscrimination in employment by....................  1095
                Members' Representational Allowance...................    88
                Outside earned income of..............................  1099
                Rooms of, in office building..........................  1114
    Relatives of, employment of.................................... 88, 1095

    [[Page 1395]]

                Travel on official business, designation by Speaker...   636
                Unofficial office allowances prohibited...............  1096
            Privilege of.
                Questions of privilege affecting, defined by rule.....   698
    Arrest, privilege of Members from................................ 90, 91
                Arrest, parliamentary law as to arrest of a Member....   307
    Attitude of the House as to demands of the courts.............. 291, 697
                Privilege of Members..................................   698
                Jefferson's discussion as to going and returning......   289
                Jefferson's discussion as to rights of courts to
                    summon as witnesses and jurors....................   290
                Jefferson's review of privilege of members of
                    Parliament........................................   287
                Members of Congress under the Constitution............   288
                Neither House to exercise authority over those of the
                    other.............................................   373
    Not to be questioned in another place for speech or debate....... 92, 93
    Scope of privilege of speech and debate......................... 93, 301
                Parliamentary law as to questioning for speech or
                    debate............................................   302
                Parliamentary law of privilege as related to treason,
                    felony............................................   305
    Power of the House to punish for attempts against.............. 293, 299
                Precedence of questions of personal privilege.........   698
                Privilege of, of Parliament...........................   287
                Raising questions of privilege........................   698
                Relations of, to privilege............................   301
                Relations of the courts to parliamentary privilege....   303
                Rule for responding to subpoenas......................   697
                Relations of sovereign to members of Parliament.......   309
                Status of Member-elect as to..........................   300
            Attendance of.  See Attendance.
            Decorum of.  See Decorum.
            Drug testing of.  See Drug testing.
            Introduction of bills and petitions by.  See Bills; Petitions.
            In debate.  See Debate.
            Right to seat.
                Leave to report matters relating to at any time.......   853
            Rights of, as to motion.
    Conditions of motion to reconsider by........................ 1003, 1004
                In charge of bill, relations of, to previous question.   997
                Motions reduced to writing on demand of...............   902
                Rights of, as to motions to discharge committees......   892
    Rights of, as to motions to suspend the rules.................. 885, 888
                Rights to demand question of consideration............   906

    [[Page 1396]]

            Rights to have papers read.
                Do not necessarily have a right to have papers read on
                    plea of privilege.................................   433
    Former rights of, as to reading of papers in their places..... 434, 964,
                                                                         965
    Right of, to have paper read once.............................. 432, 964
                But no right where question is not put................   433
            General rights as to procedure.
                As to right to attend a select committee..............   410
                As to right to attend committee hearing...............   798
                Impeachment may be instituted on responsibility of....   603
    May appeal from decisions of Speaker........................... 627, 629
                May not enter protests on the Journal.................    70
                Right of, to cause a secret session...................   969
                Right of, as to calling up bills taken from committees
                    on motions to discharge...........................   892
    Rights of, as to placing adverse reports on the calendar....... 832, 893
    Rights of, to demand the execution of a subsisting order....... 381, 872
                Rights of, to inspect the Journal.....................   582
                Rights of, access to committee files..................   796
            Voting of.  See Voting.
            In general.
                Memorial Day for deceased, jurisdiction of matters
                    relating to.......................................   724
                Prohibition on distribution of campaign contributions
                    in Hall of House..................................   683
    Members-elect.
            Admitted to floor of the House............................   678
            Election of, to an incompatible office....................    99
            Punishment of............................................. 62-66
            Franking privilege........................................  1113
            Oath of, as related to quorum.............................    56
            Questions as to seating under disabilities of fourteenth
                amendment.............................................   231
            Relations of, to incompatible offices.................... 98-101
            Status of, as to privilege, oath, committee service.......   300
    Memorials.
            Introduction and reference of..................... 816, 818, 825
            Joint sponsorship of......................................   825
            Correction of reference of............................. 824, 825
            Duties of Speaker and Members in presenting...............   818
            Exclusion of..............................................   824
            Introduction by request...................................   826

    [[Page 1397]]

            Nature of.................................................   389
    Merchant marine.
            Jurisdiction of, subjects relating to.................. 718, 739
    Merchant Marine and Fisheries, former Committee on.
            Former jurisdiction transferred.............. 718, 731, 735, 739
    Messages.
            Usages as to.
                At organization of two Houses.........................    56
                Between the Houses as to vetoed bills.................   106
                Certain, entered in Journal and Record................   815
                Certain required by law...............................   169
                Confidential, from the President or Senate............   969
                Correction and return of messages.....................   565
                Disposal of messages after reception..................   566
    From the Senate, reference of.................................. 873, 874
                From the Senate, Clerk may receive in adjournment.....   652
                Information by message as to bills passed.............   567
                Information by message as to rejection of bills.......   568
    Informal rising of Committee of the Whole, to receive.......... 330, 563
                Neglected bills.......................................   570
                Questions asked by conference, not by message.........   569
                Quorum not required during receipt of.................  1027
                Received during a record vote.........................  1018
                Received, but not read in absence of quorum...........    55
                Received during debate................................   561
                Reception during voting, absence of a quorum..........   562
                Salutation of messengers by the Speaker...............   564
                Sent only when both Houses are sitting................   560
            Of the President.
                Clerk may receive in period of adjournment or recess..   652
    To Congress............................................... 168, 169, 571
                Notice of approval of bills by President sent by......   106
                Reception and action on...............................   170
                Reading and action on, when bill is vetoed............   107
                Entered on Journal and Record.........................   875
    Rule of reference of............................................ 873-875
                Reference and distribution of annual..................   875
    Migration.
            Of persons, power of Congress as to.......................   137
    Mileage, allowance of.
            Of Representatives........................................    86
            Sergeant-at-Arms formerly disbursed.......................   656
            Committee on House Administration ascertains..............   724

    [[Page 1398]]

    Military and naval records.
            Bills to correct, banned..................................   822
    Militia.
            Congress to provide for calling forth.....................   132
            Congress to provide for organizing, arming, and
                disciplining..........................................   133
            Right to bear arms........................................   290
            President Commander in Chief of, in certain cases.........   160
            Trials for crimes in......................................   212
    Miners, welfare of.
            Jurisdiction of matters relating to.................... 720, 731
    Ministers, public.
            Duty of President to receive..............................   172
            Foreign, admitted to the floor of the House...............   678
            Gallery for use of foreign................................   682
            Judicial power extends to cases affecting.................   178
            Jurisdiction of Supreme Court in cases affecting..........   179
            President appoints........................................   166
    Minority.
            Committee staff for,  see Committee staffs.
            Debate equally divided for, on conference reports and
                amendments in disagreement............................  1086
            Of managers of a conference may not submit a report.......   543
            Reference of views of, on committee reports to Calendar...   831
            Rules for the protection of...............................   283
            Signing and filing of views of......................... 833, 804
    Misdemeanors.
            As to what are............................................   175
            Impeachable offenses.............................. 173, 175, 176
    Mondays.
            First, in December of meeting of Congress (obsolete)......    45
            Every Monday for suspension of rules......................   885
            Second and fourth, for District of Columbia bills and
                motions to discharge committees.................... 892, 894
    Money.
            Account of public, to be published........................   143
            Appropriations of, considered in Committee of the Whole...   973
            Congress to coin and regulate the value of................   121
            Jurisdiction over deposit of public.......................   741
            No appropriation of, for armies for longer term than two
                years.................................................   129
            Not to be drawn from Treasury except on appropriation.....   143
            Power of Congress to borrow...............................   118
            Proper application of, and enforcement of payment of,
                jurisdiction as to....................................   732
            Public bills appropriating, placed on Union Calendar......   828
            States not to coin or issue...............................   146

    [[Page 1399]]

    Morning hour.
            Rule and practice for consideration of bills in........ 880, 881
            For call of committees, place of, in order of business....   869
            Unfinished business in....................................   879
            Interruption of........................................ 882, 883
            Debate....................................................   951
    Motions.
            In general.
                Calls for orders of the day, obsolete.................   393
    Certain, only in order in absence of quorum.................... 55, 1022
                Conditions of withdrawal..............................   904
                Considered to be pending as to recommendations of
                    Committee of the Whole............................   338
                For practice as to, in rejection and second reading of
                    bills.............................................   484
                In some cases considered as pending...................   945
    In order during call of the House............................ 1024, 1026
                Incidental questions intervening during consideration
                    of main question..................................   457
                Intervening questions relating to reading of papers,
                    obsolete..........................................   459
    Matters of privilege as intervening questions....................... 457
                None to be made except by rising and addressing the
                    Chair.............................................   394
                Not to interrupt Member having the floor..............   393
                Obsolete parliamentary law as to entry of, in the
                    Journal...........................................   578
                Parliamentary law as to making and reading............   392
    Parliamentary law as to withdrawal of.......................... 392, 460
    Reading or statement of........................................ 392, 904
                Reduced to writing and entered on the Journal.........   902
                Repetition of motions.................................   918
                Second no longer required for ordinary................   392
                Usually required before debate may proceed............   945
            Coexisting and equivalent.
                Jefferson's discussion of coexisting..................   483
                Equivalent, in general................................   485
    Where negative of one amounts to affirmative of another......... 485-488
            Dilatory.
                Debate for 10 minutes not allowed when offering of
                    amendments printed in Record is...................   987
                Not admitted pending motion to suspend the rules......   890
                Not admitted pending report from Committee on Rules...   857
                Right to demand yeas and nays not to be overruled as..    77
                To be ruled out generally.............................   903

    [[Page 1400]]

            In Committee of the Whole.
    To adjourn and for the previous question not in order in Committee
    of the Whole................................................... 333, 334
                To close general debate...............................   979
                To reconsider, not used in Committee of the Whole.....   416
    To strike enacting words....................................... 988, 989
    Those admitted in ``House as in Committee of the Whole''........ 425-427
                To rise and report at conclusion of reading general
                    appropriation bill................................  1040
            Putting the question on.  See Putting the question.
            Privileged motions, generally.  See also Privileged questions.
                General principles of priority of motions.............   449
                Jefferson's discussion of certain privileged motions..   441
                Laws attaching privilege to congressional disapproval
                    procedures........................................  1130
    Matters of privilege as intervening business............... 458, 698-713
                Obsolete intervening questions relating to reading of
                    papers............................................   459
                Obsolete parliamentary law governing orders of the day   440
                Obsolete provisions as to priority of privileged
                    motions...........................................   448
                One privileged or secondary motion not to be
                    suppressed by another.............................   450
    Precedence and conditions of.................................... 911-917
    Privileged interruptions of daily order of business............ 870, 871
                Privileged motions in the Senate and in Parliament....   447
                Theory as to privileged motions.......................   438
            For motions in order when question is under debate, see:
                Adjourn, motion to.
                Previous question, motion for.
                Postpone, motion to.
                Refer, motion to; Reference.
                Amend, motion to; Amendments.

    [[Page 1401]]

            Question of consideration.  See Consideration, question of.
            Motion to instruct conferees.  See Conferences.
            Motion to recommit.  See Recommit, motion to; Commit.
            Motion to reconsider.  See Reconsider, motion to.
            Motion to suspend the rules.  See Suspension of rules.
            Motions used in adjusting amendments between the Houses.  See
                Amendments between Houses; Conferences.
            Motions relating to reading of papers and amendments.  See
                Reading.
            Motion to discharge a committee.  See Discharge.
            Miscellaneous motions.  See also Privileged questions.
                By Majority Leader under former rule proscribing
                    committee sittings during five-minute rule........   801
    For a recess.............................................. 586, 911, 913
                For a recess in committee.............................   787
                Former motion to strike Federal unfunded mandate......   991
                To read the Journal...................................   621
                To rescind a special order not privileged under the
                    rules.............................................   734
    Motives.
            Of Members not to be arraigned............................   363
    Mover.
            Right of, to speak twice..................................   959
            Right to close debate on amendment considered under five-
                minute rule...........................................   959
    Natural Resources, Committee on.
            History and jurisdiction of...............................   731
            Special oversight functions of............................   744
    Naturalization.
            Power of Congress to establish rule of....................   120
            Relations to citizenship..................................   225
            Jurisdiction as to........................................   729
    Naval and military records.
            Private bills to correct, banned..........................   822
    Naval vessels.
            Appropriations for, as in continuance of a public work....  1050
    Navigation.
            Between States not to be hampered by duties...............   147
    Navy.
            Bills to correct certain records banned...................   822
            Congress to provide and maintain..........................   130
            Congress to make rules for................................   131
            President, Commander in Chief of..........................   160
            States not to maintain....................................   148
            Trial for crimes in.......................................   212

    [[Page 1402]]

    Navy yards.
            Power of Congress over places purchased for...............   134
    Negative.
            Of one question amounting to the affirmative of another
                                                                     485-488
    Newspapers, admission to the floor.  See Floor.
    Nobility.
            Titles of, not to be granted..............................   144
            No State to grant title of................................   146
            Foreign gifts and decorations accepted with consent of
                Congress..............................................   145
    Nuclear energy.
            Jurisdiction of Committee on Energy and Commerce..........   721
            Military applications.....................................   718
            Non-proliferation and export agreements...................   723
            Regulation of domestic industry...........................   721
            Research and development..................................   735
            Oversight jurisdiction................................. 721, 744
    Oath.  See also Affirmation.
            Of Senators, Representatives, officers, and employees of the
                House.
                Administration of, at organization of the House.......   198
    Administration, as related to quorum........................ 53, 56, 200
                Administered to Member before reading of Journal......   621
                As related to qualifications..........................     9
    Challenge of right to take...................................... 202-204
                Consideration of objections to taking of..............   203
                Dean administers to Speaker...........................   198
                Disabilities arising from violation of................   230
                Form of...............................................   197
                Function of Speaker in administering..................   231
    Member-elect named on committee, expelled, or permitted to resign
    before taking............................................... 63, 66, 300
                Names of Members not entered on roll for yeas and nays
                    until sworn.......................................   300
                Not to disclose classified information................  1095
                Of Chief Justice in impeachments......................  615a
    Of Senators, for trial of impeachment.......................... 38, 615b
                Officers of House sworn...............................   640
                Precedence of.........................................   198
                Privilege of administration of........................   201
                Quorum not required during administration of..........  1027
                Relation of credentials to right to take..............   204
                Sanity and loyalty as related to......................   205
                Senators, Representatives, and other officers bound by   196
            In general.
                Of President of the United States.....................   158

    [[Page 1403]]

                Right to administer, given by law rather than by rule.    59
    Speaker, Members, and chairs may administer to witnesses...... 343, 346,
                                                                         805
                In support of certain warrants........................   211
    Objections.  See also Unanimous consent.
            Challenge of right of a Member to take the oath........ 202, 205
            Ten Members required under former rule proscribing
                committee sittings during five-minute rule............   801
            Of President to a bill....................................   104
            To administration of oath to Members by the Speaker.......   199
    Obligation.
            Of contracts, State not to pass bills impairing...........   146
    Obscenity.
            Bills for petitions rejected for....................... 818, 824
    Occasions, extraordinary.
            Power of President to convene Congress on.................   171
            Other power of convening..................................   171
    Offenses.
            Power of President to grant pardons for...................   162
            Against law of nations....................................   126
    Office.
            In general.
    As to meaning of word............................................ 97, 98
                Acceptance of, conditions of, from certain sources....   144
                Acceptance of gifts by holders of, conditions of......   144
    Compilation of House and Congressional offices............... 1113-1125h
                Electors, no person holding office of trust or profit
                    under United States to be an elector..............   151
    Impeachment from............................................... 173, 174
                Jurisdiction as to abolition..........................   732
                Of judges, held during good behavior..................   177
                Religious test for, none required under United States.   196
    Term of President's....................................... 149, 150, 249
            Incompatible.
                As to what are incompatible...........................    98
                Appointment of Members-elect to.......................    99
    Holding of, under the United States disqualifies Mem- ber........ 97-101
                Jurisdiction of matters relating to...................   729
                Members not to be appointed to certain................    96
                Procedure in case of acceptance of, by Member.........   101
                Relations of contestants to...........................   100
    Office accounts.
            Prohibition of unofficial.................................  1096

    [[Page 1404]]

    Office buildings.
            Assignment of rooms in....................................  1114
    Office of Technology Assessment...................................  1121
    Officers.
            Of the United States.
                Accountability of, jurisdiction as to.................   732
                Bound by oath to support the Constitution.............   228
    Civil, may be removed by impeachment........................... 173, 174
                Congress may determine agency for appointing of
                    inferior..........................................   166
                Of departments, President may require opinions from...   161
                Of the militia........................................   133
                Of United States, as related to legislative power.....   136
                Of United States, and the States, qualifications of as
                    to loyalty........................................   230
                President appoints....................................   166
                President to commission...............................   172
                Senators not civil officers who may be impeached......   174
            Of the House of Representatives.
                Audits of.............................................   667
                Compensation, retirement, and benefits, jurisdiction
                    over..............................................   724
                Continue in office until successors are chosen........   640
    Drug testing of,  see Drug testing.
    Election of, and terms....................................... 26-30, 640
    Election of, except Speaker..................................... 29, 640
                Neither House to exercise authority over those of the
                    other.............................................   373
                Nondiscrimination in employment by....................  1095
    Oath, administered to, by Speaker.............................. 198, 199
                Oversight of..........................................   752
                Privilege of floor extended to present and former.....   678
                Prohibition on distribution of campaign contributions
                    by................................................   683
                Relations to claims...................................  1102
    Removal of..................................................... 315, 640
                Vacancies, Speaker may fill by temporary appointment
                    of................................................   640
            Of the Senate.
                Vice President and voting.............................    36
                Choice of President pro tempore and other officers....    37
    Official conduct.
            Code of, for Members, officers, and employees.............  1095
            Financial disclosure......................................  1103
            Former Committee on Standards of..........................  721b
            Outside earned income.....................................  1099
            Revisions of remarks in debate, standard of............ 967, 968
            Use of Frank..............................................  1097
            Unofficial office accounts................................  1096

    [[Page 1405]]

    Official record.
            Journal as................................................   582
    Official reporters.
            Of debates, appointment and removal of................. 724, 685
    One-fifth.
            Of those present order yeas and nays..................... 75, 78
            Of quorum order recorded vote (or formerly teller vote)...  1012
    One-minute speeches...............................................   950
    Opening.
            Of debate, rights of Member as related to closing.........   958
    Opinions.
            President may require from heads of departments...........   161
            Not entered on Journal....................................    70
    Opposition.
            Preference in recognition given to, for motion to recommit
                after previous question is ordered....................   911
            Right to prior recognition passes to, when essential
                motion is lost........................................   954
    Order.
            Of the House and preservation of.
                Breach of, for Speaker to refuse to put a question in
                    order.............................................   304
    Call to, for disorder in debate................................ 960, 961
                Call to, may interrupt Member.........................   393
    Clerk to preserve, at organization of the House................ 643, 645
                Necessity of rules for preservation of................   285
    Parliamentarylawastotakingdowndisorderlywords.................. 368, 369
    Power of chair of Committee of the Whole to preserve, in galleries
    and lobby...................................................... 970, 971
                Proceedings in case of disorder on the floor..........   367
                Sergeant-at-Arms maintains, under direction of the
                    Speaker...........................................   648
                Sergeant-at-Arms bears mace while enforcing...........   657
                Speaker calls House to................................   621
                Speaker preserves, on floor, in lobby, and galleries..   622
    Speaker may restore in Committee of the Whole............. 331, 332, 622
            Questions of.
                As to delay in decision of questions of...............   378
    Clerk to decide at organization of the House................... 643, 645
                Clerk to note in Journal..............................   649
    Decided by Speaker............................................. 624, 628
                Decision of, during a division........................   507
                Decisions of questions of, by chair of Committee of
                    the Whole.........................................   972
                House controls decisions of, by appeal................   379
                Practice governing Speaker in deciding................   628

    [[Page 1406]]

                Raising of, on appropriation bills in Committee of the
                    Whole.............................................  1044
                Raising of, at any time against appropriation in
                    legislative bills or amendments...................  1065
                Raising of, at any time against tax or tariff in
                    certain bills or amendments.......................  1066
                Relation of question of consideration to..............   909
    Reserving, as to general appropriation bills................. 1044, 1035
                Speaker to be heard first in matters of...............   358
                Time of raising, as to consideration of bills in
                    Committee of the Whole............................   973
    Order of business.  See also Business.
            Rule and conditions of.
                The rule prescribing..................................   869
                Advantage of an order of..............................   349
                Conditions of the old and modern orders of business...   350
                Early discretion of Speaker as to.....................   349
                Jurisdiction as to....................................   733
                Obsolete parliamentary law governing orders of the day   440
    Recognition by the Speaker in accordance with requirements of... 949-956
    Right of a Member to demand the execution of a subsisting order.... 381,
                                                                         872
    The calendars on which reports of committees await action of the
    House........................................................... 828-899
            Interruptions of.
                Business of District of Columbia on second and fourth
                    Mondays...........................................   894
                Business on Tuesdays for consideration of the Private
                    Calendar..........................................   895
                Call of Committees on Calendar Wednesday..............   900
    Consideration of amendments between Houses, when privileged.... 528-528d
                Consideration of a motion to reconsider...............  1005
                Effect of privileged reports on.......................   854
                Effect of special orders on Tuesday business..........   895
                High privilege of general appropriation bills.........   856
                Interruption by request for unanimous consent.........   872
    Intervening questions as to privilege on reading of papers..... 458, 459
                Intervening questions of order........................   457
                Intervention of private business on Tuesday...........   895
                Making and use of special orders......................   734

    [[Page 1407]]

                Motion for leave for a committee to sit during
                    sessions not privileged...........................   324
    Precedence of questions of privilege............................ 698-713
                Privilege of conference reports.......................  1077
                Privileged interruptions of order of business.........   870
                Privileged interruptions specified....................   871
    Privileged legislative veto provisions............................. 1130
    Privileged reports from certain committees...................... 853-868
            Speaker's table.
    Business on, disposal of...................................... 528a, 873
                Matters on, for action by the House or by Speaker
                    alone.............................................   874
                Messages on, parliamentary law as to disposal of......   566
                Messages from the President on, consideration of......   170
                Messages from the President on, reference of..........   875
            Unfinished business.
                Rule for unfinished business..........................   876
                Business unfinished in periods set apart for classes
                    of business.......................................   879
                Construction of rule as to unfinished business........   877
    Consideration of unfinished business............................ 876-879
                Priority of unfinished business in Committee of the
                    Whole.............................................   977
                Precedence of a question on which previous question is
                    ordered...........................................   877
                Procedure in the morning hour.........................   881
    Rules and practice for call of committees...................... 880, 881
                The morning hour for the call of committees...........   880
            Call of Committees--Interruption to go into Committee of the
                Whole.
                Conditions of the motion to go into Committee of the
                    Whole at the end of one hour......................   883
                Interruption of the call of committees by motion to go
                    into Committee of the Whole House on the state of
                    the Union.........................................   882
    Rule for consideration of bills in Committee of the Whole after
    call of committees............................................. 882, 883
            Orders of the day.
                Orders of the day now obsolete........................   384
                Parliamentary law as to proceeding with orders of the
                    day...............................................   383
            In Committee of the Whole.
                On calendars of Committee of the Whole................   977
    Orders.
            As to presentation of, to President for approval..........   115
            Nature and use of, as compared with resolutions...........   395
            Standing, reference to....................................  1105

    [[Page 1408]]

            As to termination of, with reference to the end of the
                session...............................................   386
            Execution of a subsisting order not to be demanded while a
                Member has the floor in debate........................   393
            Obsolete reference to, in order of business...............   869
            Right of a Member to demand the execution of a subsisting
                order.............................................. 381, 872
                Intervening questions of..............................   457
    Orders, special.
            Application of motion to postpone to................... 734, 915
            Effect of, on Tuesday business............................   895
            Privilege of reports of................................ 853, 857
            Use and method of making..................................   734
    Organization of the two Houses of Congress.
            Administration of the oath at.............................   198
            Clerk's duties at...................................... 643, 645
            Clerk makes up the roll of Members-elect for..............   644
            Challenge of the right to take the oath................. 202-204
            Early organization........................................  1126
            Election of Speaker and other officers.................... 26-30
            Election of Speaker and Clerk as related to adoption of
                rules.................................................    59
            House has adjourned for more than one day before election
                of the Speaker........................................    83
            Messages received before..................................   562
            President's power to convene Congress.....................   171
            Other power to convene....................................   171
            Procedure before adoption of rules........................    60
            Quorum in two Houses as related to........................    56
            Relation of credentials to the right to take the oath.....   204
            Right of the House to determine its order of proceeding in
                effecting.............................................   388
            Sanity and loyalty as related to the oath.................   205
            Speaker's function in administering oath at...............   199
            Taking oath as related to presence of quorum............ 56, 200
            Vice President votes in case of tie as to.................    36
            Yeas and nays may be ordered before.......................    76
    Outside earned income.
            Limitations on............................................  1099
    Oversight and Government Reform, Committee on.
            Authority as to depositions...............................  749a
            Executive agencies must submit to any information
                requested relating to matter within its jurisdiction
                                                                    342, 732
            Former requirement that oversight findings of to be
                included in reports of other committees...............   840
            General oversight functions of......................... 743, 749
            History and jurisdiction of...............................   732

    [[Page 1409]]

            Responsibility as to commemoratives.......................   823
    Oxford-style debates.
            Structure of..............................................   952
    Pairs.
            Forms and announcement of.................................  1031
            Not to be announced out of order..........................  1015
            In order in Committee of the Whole........................  1031
    Papers.
            Security of private.
                Security of, as to searches and seizures..............   211
            In possession of the House.
                Attitude of one House as to the demands of the other
                    for...............................................   292
                Certain, not to go out of Clerk's custody.............   352
                Certain, in Clerk's custody, not open to public.......   655
                Court demands for.....................................   291
                Noncurrent deposited with Archivist...................   695
                Not to be taken from the Clerk's table during debate..   364
                Oath not to disclose classified records...............  1095
    Of committees, custody of...................................... 695, 796
                President allowed to withdraw certain, accompanying a
                    message...........................................   571
                Withdrawal of, from files.............................   696
            Relations of, to conference.
                Custody of, when a conference is asked before
                    disagreement......................................   552
                Custody of, after an effective conference.............   555
                Custody of, when managers fail to agree...............   556
                House must possess, before acting on a conference
                    report............................................   549
                Request for a conference always by House possessed of.   530
            Reading of.
                By consent of the House under former rule XXX.........   965
                Committee reports not read except on order or in
                    debate............................................   435
                Criticizing the Senate or Senators not to be read.....   372
                Intervening questions as to...........................   459
    Member not always privileged to read...................... 434, 964, 965
                Not necessarily to be read on plea of privilege.......   433
    Objections to under former rule XXX............................ 964, 965
                On demand of a Member.................................   964
                On reference..........................................   436
                Parliamentary law as to...............................   432
                President's messages..................................   188
            Return of to other House.
                Privileged status of requests for return of papers....   565

    [[Page 1410]]

    Paragraphs.
            Amendment of bills by.................................. 413, 980
            Amendments should be germane to...........................   929
            House does not agree to, severally in perfecting a bill...   456
            Reading of bills by.................................... 413, 980
            Transposition of, in a bill by motion to amend............   477
    Pardons.
            Power of President to grant............................ 162, 164
    Parks, District of Columbia.
            Jurisdiction over subjects related to.....................   731
    Parliament.  See House of Commons.
    Parliamentarian.
            Office of.................................................  1122
            Precedents compiled by....................................  1122
    Parliamentary inquiries.
            No appeal from responses to...............................   629
            Recognition to propound...................................  628a
    Parliamentary law.
            As used before adoption of rules..........................    60
            Jefferson's Manual as a statement of......................   284
            Relations of, to the early practice of Congress...........   286
    Passage of bills.  See Bills.
    Passages.
            Speaker's control of, in House wing.......................   623
    Patents.
            Power of Congress to provide for..........................   124
    Pay.
            Cost of living adjustments................................... 86
            Of committee staff,  see Committee staffs.
            Of department officers, jurisdiction as to................   723
            Of judges.................................................   177
            Of Members during recess, Clerk certifies to (obsolete)...   647
            Of President of the United States.........................   157
            Of Representatives and Senators........... 85, 86, 258, 1130(12)
            Of Speaker and leadership................................ 86, 89
            Of witnesses..............................................   813
            Pay orders........................................ 89a, 1130(12)
            Quadrennial commission................................. 1130(12)
            Sergeant-at-Arms formerly disbursed that of Members.......   656
    Penalties.
            For absent Members........................................    52
    Paygo.
            Exception under the Congressional Budget Act.... 1127 (sec. 302)
            Former pay-as-you-go point of order....................... 1068i
            Statutory Pay-As-You-Go Act of 2010................... 910, 1129

    [[Page 1411]]

    Pensions.
            Certain bills for, banned.................................   822
            Debt incurred for certain, not to be questioned...........   232
            Jurisdiction of appropriations for........................   716
            Of all wars, jurisdiction of bills for....................   740
            Pension Reform Act, disapproval procedures in........... 1130(8)
    People.
            Establish the Constitution................................     1
            Powers reserved to, by the Constitution...................   216
            Quartering soldiers among.................................   424
            Representatives chosen by.................................     5
            Right of, to keep and bear arms...........................   209
            Rights reserved to........................................   217
            Security of, as to accusations, trials, and property......   212
            Security of, as to searches and seizures..................   211
            Their right of assembly and petition......................   208
    Perjury.
            To sustain a conviction of, a quorum of a committee must
                be in attendance when perjurious testimony is given.... 343,
                                                                         409
    Person.
            Security of, as to searches and seizures..................   211
    Personal explanations.
            Made by unanimous consent.................................   945
    Personal interest.
            Disqualifying as to voting........................ 376, 671, 673
    Personal privilege.
            Method of presentation of questions of personal, as
                distinguished from general............................   698
            Precedence of questions of.............................. 698-668
            Privilege of the Member...................................   698
            Procedure of Member in presenting question of.............   945
    Personalities.
            Arraignment of motives of Members not in order............   363
            Member must refrain from, in debate.......................   945
            Members censured for......................................    65
            Not permitted in debate...................................   361
    Persons.
            No State to deprive, of life, liberty, or property
                unlawfully, or deny equal protection of the laws to...   225
    Petition.
            Introduction and reference of.......................... 816, 818
            Division of, for reference............................. 421, 816
            Duties of Speaker and Members in presenting...............   819
            Correction of reference of................................   824
            Exclusion of..............................................   824
            Nature of.................................................   389

    [[Page 1412]]

            Parliamentary law as to reception of......................   391
            Received by committees only through the House.............   320
            Right of petition guaranteed..............................   208
            Signing and presentation of...............................   390
    Pictures.
            Taking of, in committee hearings..........................   811
    Piracies.
            Congress to punish........................................   126
    Place.
            Ceremonial functions in another place................... 82, 82a
            Neither House to adjourn to another, without consent of
                other House..................................... 82, 82a, 84
            Power of President to convene Congress away from seat of
                Government..................................... 82, 82a, 171
    Places of elections.
            Regulation of............................................ 42, 43
    Pleadings.
            In an impeachment...................................... 612, 613
    Pledge of Allegiance..............................................   869
    Pocket veto.
            Bills retained by President after Congress adjourns.......   112
            Effect of adjournment to day certain......................   113
    Points of order.
            Decisions on.
                Chair of Committee of the Whole decides...............   971
    Clerk to decide, at organization of the House.................. 643, 645
    Constitutional.................................................. 60, 628
    Procedure if point of order against motion to rise and report an
    appropriation bill where bill exceeds section 302(b) allocation is
    sustained......................................................... 1044b
                Decisions of, during a division.......................   507
                House by appeal controls decisions on.................   379
                Obsolete practice as to Members' advice on............   507
                Power of Speaker to delay decisions...................   378
                Practice governing Speaker in deciding................   628
            In general.
                Clerk to note certain, in Journal.....................   649
    In House on procedure in committee.................................. 798
                On appropriation bills................................  1044
    On conference reports.................................... 547, 1089-1091
    On nongermane portions of conference reports and amendments in
    disagreement.................................................. 1089-1091
                On resolutions, raised before reading completed.......   628
            Relation of.
                To conference reports.................................   547

    [[Page 1413]]

                To general appropriation bills........................  1044
                To retroactive increases in income tax rates..........  1068
                To motions to amend...................................   924
    To committee procedure............................... 798, 799, 842, 843
    To question of consideration............................. 909, 910, 1127
            Reserving of.
    Against general appropriation bills.......................... 1035, 1044
                Against conference reports............................   547
            Time of raising.
                At any time against an appropriation in legislative
                    bills or amendments...............................  1065
                At any time against tax or tariff provisions in
                    certain bills or amendments.......................  1066
                Former rule with respect to reporting a measure from
                    committee.........................................   839
                On appropriation bills in Committee of the Whole......  1044
                On consideration of bills in Committee of the Whole...   973
                On conference reports where conferees met in closed
                    session...........................................  1093
                On motions to amend...................................   924
                On resolutions........................................   628
                With respect to committee procedure...................   798
            Waivers.  See Rules.
    Police, Capitol.  See Capitol.
    Political disabilities.
            Arising from disloyalty...................................   230
            Consideration of bills removing...........................   895
            Jurisdiction of bills relating to.........................   729
    Poll tax.
            Right to vote not denied for failure to pay...............   251
    Population.
            The basis of representation...............................   226
    Ports.
            Of one State not to be favored............................   142
    Possession.
            Of a bill by the House....................................   437
    Post Office and Civil Service, former Committee on.
            Jurisdiction transferred..................................   732
    Post offices.
            Congress may establish....................................   123
            Jurisdiction of subjects relating to......................   732
            Jurisdiction as to buildings for..........................   739
    Post roads.
            Congress may establish....................................   123

    [[Page 1414]]

            Jurisdiction of subjects relating to construction.........   739
    Postmaster.
            Former election and oath of...............................   668
            Former superintendent of House post office................   668
    Postpone, motion to.
            Precedence and general conditions of................... 911, 915
            Application of previous question to.......................   450
            Applied to motion to resolve into Committee of the Whole..   915
            As to application to a special order......................   805
            Debate on.................................................   911
            Discussion of relations of, to early use of the previous
                question........................................... 448, 449
            May be amended............................................   453
            Nature of the motion to postpone to a day certain.........   444
            Not to be applied to other secondary motions..............   451
            Not to be entertained after previous question is ordered..   915
            Not to be suppressed by another privileged motion.........   450
            Relation of, to motion to amend...........................   449
            Relations of, to the previous question....................   998
            Repetition of.............................................   918
            Use of, to put off indefinitely....................... 443, 1130
    Postponement.
            Of proceedings
                Authority of Speaker notwithstanding operation of
                    previous question................................. 1000a
            Of votes
                Authority of Speaker as to certain....................  1030
                Authority of Chair of Committee of the Whole as to
                    certain...........................................   984
    Powers.
            Of Congress--General legislative.
                Legislative...........................................     3
                As to migration or importation of persons.............   137
    Consent of, to acceptance of certain gifts..................... 144, 145
                No preferences to be given as to commerce by water....   142
                To establish patents and copyrights...................   124
                To establish post offices and post roads..............   123
                To make laws to carry its powers into effect..........   136
                To provide punishment for counterfeiting..............   122
                To regulate coinage, weights, and measures............   121
                To regulate commerce..................................   119
                To regulate naturalization and bankruptcy.............   120
                To provide for disapproval of executive action........  1130
            Of Congress--As to elections and political disabilities.
    As to apportionment and establishment of districts............. 226, 227

    [[Page 1415]]

                Determines time of choosing electors..................   153
                May by law provide for case in which neither
                    President-elect nor Vice President-elect shall
                    qualify...........................................   244
    May provide for succession to presidency or new election....... 155, 244
                Power to make or alter regulations as to election of
                    Representatives...................................    42
                To remove political disabilities......................   230
            Of Congress--Over revenue and expenditures.
                To lay and collect taxes..............................   117
                To borrow money.......................................   118
                Money to be drawn from Treasury only on appropriations   143
                Limitation on capitation or other direct tax..........   140
                No export duties to be laid...........................   141
            Of Congress--As to commerce, currency, mails, patents.
                To regulate commerce..................................   119
                To regulate bankruptcy................................   120
                To regulate coinage, weights, and measures............   121
                To provide punishment for counterfeiting..............   122
                To establish post offices and post roads..............   123
                To establish patents and copyrights...................   124
                No preferences to be given as to commerce by water....   142
            Of Congress--As to courts, crimes.
                To regulate jurisdiction of Supreme Court.............   179
    To establish inferior courts................................... 125, 177
                To regulate the proving of acts, records, and judicial
                    proceedings of the States.........................   183
                To fix places for trial of certain crimes.............   180
                To provide punishment for piracies....................   126
                To declare punishment of treason......................   182
                As related to writ of habeas corpus...................   138
                No bill of attainder or ex post facto law to be passed   139
            Of Congress--As to wars.
    To declare war, grant Letters of Marque........................ 127, 163
                To support armies.....................................   128
                To provide a navy.....................................   130
                To make rules for land and naval forces...............   131
                To provide for calling out the militia................   132
                To provide for organization of militia................   133
    War Powers Resolution........................................... 1130(2)
            Of Congress--Jurisdiction over territory and property.
                To exercise jurisdiction over seat of Government and
                    ceded places......................................   134

    [[Page 1416]]

                Over the territory and other property of the United
                    States............................................   188
            Of Congress--As to immigration and naturalization.
                As to migration or importation of persons.............   137
                To regulate naturalization............................   120
            Of Congress--As related to States and people.
                To revise and control certain State laws..............   147
                As to admission, consolidation, or division of States.   187
                Not to interfere with religion, free speech, the
                    press, or right of assembly and petition..........   208
                No titles of nobility to be granted...................   144
                Those delegated and those reserved to States and
                    people............................................   217
            Of the House of Representatives.
                To confirm Vice President.............................   253
    To elect its Speaker and other officers...................... 26-30, 640
    To judge elections of its Members................................. 46-51
    To punish and expel its Members................................... 62-66
    To make rules..................................................... 58-60
    To punish for contempt.......................................... 293-299
    As to treaties................................................. 594, 599
                Of impeachment........................................    31
                Senate tries impeachments.............................    38
            Of President, courts, and States.
                Executive, vested in President of the United States...   149
    Judicial, vested in the courts.................................. 177-179
                Judicial, limitation on, in suits in law or equity....   218
    Of the States, limitations on, as to certain subjects........... 146-148
                Reserved to States and people.........................   217
    Prayer.  See also Chaplain; Clerk.
            Offered by Chaplain.......................................   640
            Chaplain opens each day's sitting with....................   665
            By the Chaplain, place of, in order of business...........   869
            Quorum in relation to.....................................  1027
    Preamble.
            Amended after the body of the resolution has been
                considered, and after engrossment of joint resolution.   414
            As to application of previous question to.................   996
            As to separate vote on....................................   414
            Of a resolution may be laid on table......................   414
    Precedence.
            Of intervening business.
    Certain privileged questions that interrupt the order of business
                                                                    870, 871
                Intervening questions as to reading papers............   458

    [[Page 1417]]

                Intervening questions of order........................   457
                Of conference reports.................................  1077
                Of conference report over report from Committee on
                    Rules.............................................   857
                Of a proposition to administer the oath to Members....   233
                Of a question on which the previous question is
                    ordered...........................................   878
    Of questions of privilege.................................. 458, 698-668
    Of questions of privilege as related to pending business........ 698-668
                Of revenue and appropriation bills in Committee of the
                    Whole.............................................   977
                Questions as to, decided by a majority without debate.   884
            Of motions.
    For disposition of amendments between the Houses,  see Amendments
    between Houses.
                General provisions of the priority of.................   449
                Obsolete provisions as to priority of privileged......   448
    Secondary or privileged......................................... 911-917
                To adjourn............................................   911
                To adjourn to day or time certain.....................   911
                To amend..............................................   926
                To amend Journal precedes approval....................    74
    To amend over motions to agree or disagree..................... 528-528d
                To amend over motions to strike or agree..............   456
                To discharge committees...............................   892
    To dispense with further proceedings under a call of the House.... 1019,
                                                                        1022
                To go into Committee of the Whole to consider
                    appropriation bills...............................   856
                To read the Journal...................................   621
                To reconsider.........................................  1005
    To strike enacting words of a bill............................. 988, 989
                To suspend the rules..................................   887
    Precedents.
            Compilation of............................................  1122
            Place of, in the law of the House.........................   351
            Delay in decision of a question of order in order to
                examine...............................................   378
    Preferences.
            Not to be given to ports of one State over another........   142
    Prerogatives.
            Of House as to revenue legislation........................   102
            Questions related to, treated as of privilege.............   698
            Questions of, committed to conference.....................   531
    Presentment.
            Of grand jury as related to trial for crime...............   212

    [[Page 1418]]

    Presents.
            Conditions as to acceptance of, by officers...............   144
    President of the Senate.
            Vice President............................................    36
            President pro tempore.....................................    37
            Electoral votes transmitted to............................   153
    President of the United States.  See also Executive.
            Relations of, to Congress--In general.
                Admitted to the floor of the House....................   678
                Gallery for use of....................................   682
                Houses may request the transmittal of constitutional
                    amendments to the States..........................   191
                May convene or adjourn Congress under certain
                    conditions........................................   171
                May notify Congress of ratification of a
                    constitutional amendment..........................   191
                President pro tempore chosen when Vice President
                    becomes...........................................    37
                Reference to, in debate...............................   370
    War powers of Congress and the President................... 128, 1130(2)
            Relations of, to Congress--Messages and information from.
                Address by and to.....................................   316
                Clerk may receive messages from, when House adjourned.   652
                Confidential messages from............................   969
                Declaration of inability to discharge duties of office   254
                Gives Congress information and makes recommendations..   168
                Messages from, usually sent to both Houses at once....   571
                Messages required by law..............................   169
                Reception of messages from............................   170
    Resolutions of inquiry as related to........................... 865, 868
    Rule for reference of messages from............................ 873, 876
                Transmits budget during first 15 days of session......   169
    Transmitting proposed rescissions and deferrals of budget
    authority...................................................... 1130(6a)
            Relations of, to Congress--Approval of bills by.
                Approval or disapproval of bills by...................   104
    Approval, act of, as to time and manner........................ 105, 110
                Approval, notice of, sent by message..................   106
                Approval of concurrent resolutions by.................   396
                Approval of joint resolution by.......................   397
                As to presentation of orders, resolutions, and votes
                    for approval......................................   115
                Bills that become law without approval................   111
                Constitutional amendments, President does not sign
                    joint resolution submitting.......................   191
                Effect of recess on...................................   814

    [[Page 1419]]

                Enrolled bills, signing of, for presentation to the
                    President.........................................   575
                Enrolled bills, authority of pro tempore presiding
                    officers to sign..................................   576
                Enrolled bills, presentation of, to the President.....   577
                Enrollment of bills, parliamentary law as to..........   573
                Enrollment of bills, practice of the two Houses as to.   574
                Errors in bills sent to the President.................   110
    Line item veto authority....................................... 1130(6b)
                Parliamentary law as to presenting a bill for the
                    King's assent.....................................   572
                Pocket veto...........................................   112
                Pocket veto, effect of adjournment to a day certain on   113
    Veto, action on................................................ 108, 109
                Veto, two-thirds of Members present and voting and not
                    two-thirds of entire membership sufficient to pass
                    a bill over.......................................   109
            Office and general powers and duties.
                Appoints public officers..............................   166
                Commander in Chief of Army and Navy...................   160
                Commissions officers..................................   172
                Executive power vested in.............................   149
                Executes the laws.....................................   172
                Fills vacancies in offices during recesses of Senate..   167
                Grants reprieves and pardons..........................   162
                Holds office four years...............................   149
                Jurisdiction of bills relating to office of...........   729
                Makes treaties........................................   165
                Opinions of advisers..................................   161
                Receives ambassadors..................................   172
    Term of................................................... 149, 150, 241
            Election, oath, impeachment, inability.
                Chief Justice presides when tried on impeachment......    38
                Compensation of.......................................   157
                Congress to provide for case wherein death occurs
                    among those from whom the House chooses a
                    President.........................................   246
    Election of, by the House in certain cases...................... 221-223
                Electors for choice of................................   151
    Grounds for impeachment of..................................... 175, 176
    Inability of.............................................. 252, 254, 255
                Inauguration of.......................................   159
                Limitation on right of electors to vote for...........   219
    May be impeached............................................... 173, 176
                Meeting of electors of, and transmission and count of
                    votes for.........................................   219

    [[Page 1420]]

                No person to be elected President more than twice.....   249
                Oath of...............................................   158
                Qualification of......................................   154
                Qualifications of electors of, as to loyalty..........   230
                Qualifications of electors, questions as to...........   152
                Time of choosing electors and action of...............   153
    Removal, death, resignation, or disability of.............. 155, 252-256
    Vice President as acting President........................ 252, 254, 255
    President-elect of the United States.
            Death or failure to qualify...............................   244
    President pro tempore.
            Chosen by Senate in certain cases.........................    37
            Election and tenure of....................................   313
            Presides in certain impeachments..........................  615a
    Press.
            Coverage of committee hearings and meetings............. 807-812
            Freedom of, guaranteed....................................   208
            Members of, admission to the floor,  see Floor.
            Admission to press gallery................................   693
    Previous question, motion for.
            Uses of.
                The rule of the.......................................   994
                History, uses of the parliamentary....................   463
                Obsolete use of.......................................   442
    Not in order in Committee of the Whole......................... 333, 334
                Use of, in House as in Committee of the Whole.........   427
            Precedence of.
                Among other secondary motions.........................   911
                Of Parliament.........................................   461
                Questions on which it is ordered, as unfinished
                    business..........................................   877
                Questions of order pending the motion for.............  1000
                Relations of, to failure of a quorum..................  1029
            Application of.
    General application of......................................... 994, 996
    Postponement of proceedings notwithstanding1000a..................
                To debatable secondary and privileged motions.........   450
            Moving and putting of.
                Considered as ordered on certain preferential motions
                    to insist.........................................  1084
                Effect of, on debate..................................   999
    Forty minutes of debate after ordering of...................... 891, 999
    Forty minutes debate not allowed when ordered on motion not
    debatable................................................. 979, 891, 999
                Manner of putting.....................................   462

    [[Page 1421]]

    Moving on nongermane Senate amendments contained in conference
    reports or reported in disagreement........................... 1089-1091
                Not debatable.........................................   911
                Recognition passes to Member leading opposition when
                    voted down........................................   954
                Right to move.........................................   997
                Right to close debate not to be exercised after
                    ordering of.......................................   959
                Speaker's discretionary authority to postpone further
                    proceedings on....................................  1030
            Effect of, on amendment.
                Effect of, on amendments in general...................   994
                Order of, on motion to agree to Senate amendments
                    prevents motion to amend but not to refer.........   486
                Prevents amendment when ordered on motion to approve
                    Journal...........................................    74
            Relations of, to other motions.
    General relation of, to other motions......................... 998, 1002
                Having been moved on a motion to adhere, the motion to
                    recede not admitted...............................   525
                Having been moved on a motion to insist, a motion to
                    recede and concur admitted........................   525
                May not be postponed..................................   451
                Motion to amend not applicable to the.................   452
                Motion to commit after it is ordered..................  1002
                Motion to commit pending, not applied to reports of
                    Committee on Rules pending previous question......   857
                Motion to recommit after ordering of, limitation on
                    Committee on Rules................................   857
    Motion to recommit in connection with and right of opposition as
    to..................................................... 911, 1001, 1002c
                Motion to lay on table not in order after ordering of.   914
    Relation of motion to reconsider to.......................... 1005, 1006
    Prima facie title.
            Credentials as related to a Member's right to take the
                oath..................................................   204
            Effect of credentials as related to vacancy...............    23
    Princes.
            Titles, gifts from, to be accepted on conditions only.....   144
    Printing.  See Congressional Record.
            General provisions as to.
                Discretion of Clerk as to.............................   642
                Of committee transcripts, paid for by contingent fund
                    (applicable accounts of the House)................   789
                Of reports when referred to calendars.................   831

    [[Page 1422]]

                Privileged reports from Committee on House
                    Administration on.................................   853
                Reports of committees to be printed...................   833
            Joint Committee on.
    Duties of, as to Congressional Record......................... 686, 1111
                History, jurisdiction, duties of, and membership on...  1111
    Priority.  See Precedence.
            All questions relating to priority of business to be
                decided without debate................................   884
    Private bills.
            As unfinished business....................................   879
            Certain, banned...........................................   822
            Correction of error in reference..........................   824
            Dispensing with call of calendar....................... 895, 897
            Introduction and reference of..................... 816, 817, 818
            Interruption of regular order on Tuesdays for
                consideration of the Private Calendar.................   895
            Pension bills.......................................... 822, 895
            Placed on Private Calendar when reported..................   828
            Restriction on reference of certain.................... 817, 822
    Private claims.  See Private bills.
    Private pension bills.  See Private bills.
    Private property.
            Not to be taken without compensation......................   248
    Privilege of floor.  See Floor.
    Privilege, questions of.
            Definition, precedence, and consideration of.
                Consideration of......................................   713
    Constitutional privilege....................................... 698, 702
                Distinction between questions of privilege and
                    privileged questions..............................   707
    Definition and precedence of questions of............. 698-700, 709, 711
                Intervention of questions of..........................   458
    Precedence of questions of personal....................... 699, 708, 711
                Relation of, to quorum................................   712
                Relation of, to the order of business.................   871
            Raising of.
                Breach of privilege reported from Committee of the
                    Whole.............................................   335
                Debate on.............................................   699
                Members not necessarily entitled to have papers read
                    on plea of........................................   433
    Method of presentation of questions of general and personal..... 698-707

    [[Page 1423]]

                Preliminary decision of Speaker as to questions of....   628
    Procedure when raised by floor leaders......................... 699, 713
    Procedure when raised by Member................................ 699, 945
                Questions of, in relation to a quorum.................   712
                Question of, taken from the table.....................   914
                Time and place of consideration designated by Speaker.   699
            Affecting the House--In general.
                Abuse of privilege of the floor.......................   679
                Administration of the oath to Members.................   201
                Assault on clerk of a committee a question of.........   773
                Attitude of one House as to demands of the other for
                    attendance or papers..............................   292
                Attitude of the House as to demands of the courts.....   291
                Breach of, for one House to encroach or interfere as
                    to the other......................................   308
    Demand of courts for papers................................... 291a, 697
                Jefferson's discussion of privilege as related to
                    rights of courts to summon witnesses and jurors...   290
                Judicial appearances on behalf of House...............  291b
                Procedure for response to subpoenas...................   697
                Proposition to impeach a high question of.............   604
                Relations of the Sovereign to the Parliament and its
                    members...........................................   309
                Relations of the courts to parliamentary privilege....   303
                Resolution for removal of an officer of the House a
                    question of.......................................   315
            Affecting the House--Relating to procedure.
                Breach of privilege for the Speaker to decline to put
                    a question that is in order.......................   304
                Censure or expel as questions of......................    67
                Censure for personalities in debate a question of.....   363
    Correction of Congressional Record a question of............... 685, 690
                Correction of an error in a message a question of.....   565
                Discharge of committees from questions of.............   406
                Error in reference of a bill to a calendar a question
                    of................................................   828
                Hour rule of debate applies to........................   957
                May not be invoked to effect change in rules of the
                    House.............................................   706
                Messages received, while question of, is before House.   562
                Previous question applies to questions of.............   996
                Proposal to enter protest on the Journal not a matter
                    of................................................    70
                Question of, raised by fraudulent introduction of a
                    bill..............................................  825a
                Raising a question of, over delay of an enrolled bill
                    in reaching the President.........................   572

    [[Page 1424]]

                Reception of President's message while question of, is
                    pending...........................................   170
                Resolutions providing for adjournment for more than
                    three days........................................    84
            Affecting the House--Contempts.
    Question of privilege..................................... 299, 702, 713
    Jefferson's discussion of power of the House to punish for
    contempts....................................................... 293-299
            Affecting the Member.
                Of the Member.........................................   698
                Assault on Member returning to House a breach of......    91
    Jefferson's discussion of privilege of Members of Congress...... 287-289
                Members not to be questioned in another place for
                    speech or debate..................................    92
    Scope of the privilege of speech and debate..................... 93, 301
                Parliamentary law as to the arrest of a Member........   306
                Parliamentary law of privilege as related to treason,
                    felony............................................   305
                Parliamentary law as to questioning for speech........   302
                Practice of the House as to Members indicted or
                    convicted.........................................   306
                Relations of Members and others to privilege and the
                    waiving thereof...................................   301
    Senators and Representatives privileged from arrest.............. 90, 91
                Status of the Member-elect as to privilege............   300
            Of citizens.
                Not to be abridged by the States......................   225
                In States other than their own........................   184
            Questions relating to:
                Organization..........................................   701
                Constitutional prerogatives...........................   702
                Official conduct......................................   703
                Integrity of proceedings..............................   704
                Comfort and convenience...............................   705
    Privileged questions.
            Theory and examples of.
                The theory as to......................................   438
                Distinction between questions of privilege and
                    privileged questions..............................   707
                Incidental questions, like points of order, that
                    intervene during consideration of the main
                    question..........................................   457
                Intervening questions relating to reading of papers...   459
    Laws providing congressional disapproval by privileged resolution
                                                                        1130

    [[Page 1425]]

    Matters privileged to interrupt the daily order of business.... 870, 871
                Matters of privilege as intervening questions.........   458
                May not interrupt a call of committees................   881
    Not to be called up on Calendar Wednesday...................... 900, 901
                Obsolete parliamentary law governing orders of the day   440
                Presence of nonprivileged matter destroys privileges..   855
    Resolutions of inquiry......................................... 866, 867
            Reports as.
    Of certain committees........................................... 853-868
                Conference reports....................................  1077
    Method of submitting to the House.............................. 418, 854
                Precedence of conference report over report from
                    Committee on Rules................................   857
                Reference of, to calendars............................   828
    Right to report at any time gives right to consider at any time
    (subject to requirement of availability for three days)........ 853, 854
            Motions as--General principles.
    Precedence and conditions of.................................... 911-917
                General principles of priority of motions.............   449
                In general, one privileged motion not to be suppressed
                    by another........................................   450
                Jefferson's discussion of certain privileged motions..   441
                Obsolete provisions as to priority of privileged
                    motions...........................................   448
                Privileged motions in the Senate and in Parliament....   447
            For motions as--When question is under debate, see:
                Adjourn, motion to.
                Previous question, motion for.
                Postpone, motion to.
                Refer, motion to; Reference.
                Amend, motion to; Amendments.
            Motions as--Various.  See also Motions.
                By Majority Leader under former rule proscribing
                    committee sittings during five-minute rule........   801
    Motions to dispose of amendments between Houses,  see Amendments
    between the Houses.
                Motions to proceed to election of Speaker of higher
                    privilege than motion to correct the roll.........   644
    Motions requesting conferences................................ 528a, 535
                Motions to consider bills made in order by a
                    resolution adopted by the House...................   850

    [[Page 1426]]

                Motion to consider omnibus private bills in order on
                    third Tuesday.....................................   895
    Relation of motion to consider to other motions.............. 1003, 1005
                To close general debate in Committee of the Whole.....   979
                To discharge a committee from consideration of vetoed
                    bill..............................................   108
                To go into Committee of the Whole to consider general
                    appropriation bills...............................   856
                To read the Journal...................................   621
                To recess in committee................................   787
    To recess in House........................................ 586, 911, 913
    To strike the enacting words of a bill......................... 988, 989
    To suspend the rules............................................ 885-888
            Motions as--Certain not.  See also Motions.
                Motion to recess formerly not a.......................   586
                Motion to rescind not a...............................   734
    Proceedings.
            Certain of the House not to be criticized in debate.......   360
            Each House determines rules of............................    58
            House governs Journal entries.............................    71
            House required to publish a journal of....................    67
            Journal a record of, only.................................    70
            States reciprocally to give full faith and credit to
                judicial..............................................   183
            Committee,  see Committees.
    Process.
            Of law required to deprive a person of life, liberty, or
                property..............................................   225
            Writ of summons for appearance of respondent in an
                impeachment........................................ 608, 611
            For obtaining witnesses...................................   213
    Professional staffs of committees.  See Committee staffs.
    Profit.
            No one holding office of, to accept certain gifts, titles.   144
    Pro forma amendment.
            In Committee of the Whole.................................   981
    Proof, burden of.
            On those proposing an amendment, as to germaneness........   928
            On those proposing items on general appropriation bills...  1047
    Property.
            Appropriations of, considered in Committee of the Whole...   973
            Disclosure of.............................................  1103
            No person to be deprived of, without due process of law...   212
            No State to deprive a person of, without due process of
                law...................................................   225
            Power of Congress to make rules and regulations as to
                public................................................   188
            Private, not to be taken without compensation.............   212
            Public bills appropriating, placed on Union Calendar......   828

    [[Page 1427]]

    Proposer, right to close debate.  See Debate.
    Prosecutions.
            Rights of accused in all criminal.........................   213
            Security as to accusations and trial......................   212
    Protection.
            Equal, of the laws guaranteed.............................   225
    Protests.
            Not entered on Journal as a matter of right...............    70
    Proxy voting in committees.  See Committees.
    Public bills.  See Bills.
    Public buildings and grounds.
            Appropriations for, as in continuance of a public work....  1050
            Jurisdiction as to, generally.............................   739
            Jurisdiction as to, abroad................................   723
            Jurisdiction as to marine hospitals.......................   721
            Jurisdiction of bills for penitentiaries..................   729
            Jurisdiction as to Patent Office............................ 729
    Public credit.
            Jurisdiction of subjects relating to......................   722
    Public debt.  See also Debt.
            Claims for loss or emancipation of slaves not to be paid..   234
            Limit, rule establishing as part of congressional budget
                process...............................................  1104
            None incurred in aid of insurrection or rebellion to be
                paid..................................................   234
            Validity of that of the United States not to be questioned   234
    Public defense.  See Defense.
    Public health.  See Health.
    Public lands.
            Jurisdiction of matters related to........................   731
    Public money.  See Money.
    Public safety.  See Safety, public.
    Public works.
            Authorization of appropriations for.......................  1047
            Appropriations in continuation of......... 1036, 1037, 1048-1051
            Designation of prohibited................................. 1068a
    Public Works and Transportation, Committee on.  See Transportation and
        Infrastructure, Committee on.
    Publication.
            Of accounts of receipts and expenditures of public money..   143
            Of Journals of each House.................................    68
    Punishments.
            Censure or reprimand, of a Member......................... 63-65
            Congress may provide, for counterfeiting..................   122
            Cruel and unusual, not to be inflicted....................   254
            Each House may provide, of its Members for disorderly
                behavior..............................................    62

    [[Page 1428]]

            Expulsion,  see Expulsion.
            For assault on Member for words spoken in debate..........    92
            For disclosure of intelligence information................   785
            Involuntary servitude as..................................   224
            Member liable to, when called to order in debate....... 960, 961
            Of a Delegate.............................................   675
            Of piracies and felonies on the high seas.................   164
            Of the law additional to impeachment......................    41
            Power of the House to punish for contempt............... 293-299
            Committee on Ethics,  see Ethics, Committee on.
            Speaker may not inflict...................................   622
    Putting the question.
            By the chair in committees................................   317
            By the Speaker............................................   630
            Decorum during............................................   962
            Duty of Speaker as to.....................................   304
            Effect of, in ending debate...............................   490
            First in the affirmative and then the negative............   489
            Informal..................................................   491
            Messages not received during..............................   562
            Point of no quorum may be raised during............... 982, 1027
            Speaker rises while.......................................   428
            Forms of:
                For vote by clerk tellers or by electronic device.....  1012
                For previous question.................................   462
                For question of consideration.........................   906
    In examinations at the bar of the House........................ 343, 344
                Of final, in an impeachment trial in Senate...........   618
                On engrossment and third reading of a bill............   941
                On a motion to strike.................................   468
                On motion to strike and insert........................   470
                On the passage of a bill..............................   499
    Qualifications.
            Of Representatives.
                As electors of President..............................   151
                As related to a Member's right to take the oath.......   204
                As to sanity and loyalty as...........................   205
                Conviction of crime as related to voting and
                    participation in committee business...............  1095
                House Administration Committee may consider questions
                    relating to.......................................   724
                In case of disqualification minority candidate not
                    seated............................................    13
    Incompatible offices,  See Incompatible offices.
                No religious test required for office under United
                    States............................................   196
                Of Representatives....................................  9-11

    [[Page 1429]]

                Of Senators, Representatives, electors of President,
                    officers of the United States, and State officers
                    as to loyalty.....................................   230
                Other than those of Constitution......................    12
    Power of each House, to judge as to............................... 46-51
                Removal of disabilities under fourteenth amendment....   231
            Of Senators, President, Vice President.
                As to inhabitancy modifying votes of presidential
                    electors..........................................   219
    Of electors of President....................................... 151, 152
                Of officers and employees.............................  1102
                Of President of the United States.....................   154
                Of Senators as to age, citizenship, and inhabitancy...    35
                Of Vice President.....................................   221
            For suffrage.
                Of electors of Representatives........................     7
                Reference to..........................................   226
    Quarrels.
            In Committee of the Whole.................................   331
            Intervening questions relating to.........................   458
            Members may be pledged not to prosecute...................   367
    Quasi committee.
            Procedure in............................................ 424-427
    Question.
            Coexisting and equivalent questions.
                Equivalent in general.................................   485
                Equivalent on amendments between the Houses...........   486
                Jefferson's discussion of coexisting..................   483
                No equivalent questions on motions to recede, insist,
                    and adhere........................................   488
                On agreeing to a conference report the negative of
                    agreeing equals the affirmative of disagreeing....   550
                The motions to agree and disagree as related to
                    motions to amend..................................   487
    Where affirmative of one amounts to negative of another......... 485-488
            Putting of.  See Putting the question.
            Division of.  See Division.
            Relation of, to debate.
                Member to confine remarks to the......................   945
                Member who has spoken to, may speak also to amendment.   959

    [[Page 1430]]

            Of order.  See Points of order.
            Of consideration.  See Consideration, question of.
            Of privilege.  See Privilege.
            In general.
                As to reading of papers...............................   459
                Asked of other House by conference rather than by
                    message...........................................   569
                Former practice as to, in rejection and second reading
                    of bills..........................................   484
                Members of Parliament exempted from, as to debate.....  287,
                                                                    302, 309
    Quorum.
            How constituted.
    Announcement of adjustment to.............................. 1024a, 1024b
                Committees may fix one-third or more as quorum for
                    certain actions...................................   800
                Committees may fix two or more as quorum to take
                    testimony and to close certain hearings...........   800
                Constituted by a majority.............................    52
    Consists of a majority of standing or select committee or
    subcommittee to report, to issue subpoenas, or to close meetings
    or hearings.......................................... 409, 798, 799, 805
                Interpretation of meaning of majority.................    53
    Must be present when perjurious testimony is given to support
    charge of perjury.............................................. 343, 409
    Of the Committee of the Whole.................................. 329, 982
                Of House of Representatives and Senate in voting for
                    President and Vice President of the United States.   221
                Of a joint committee..................................   325
                Of Senators in an impeachment trial...................  615b
                Quorum in committees to report........................   799
    ``Provisional quorum'' in catastrophic circumstances....... 17, 53, 310,
                                                                       1024a
            Count of.
    Theory of quorum present and Speaker's count.................... 54, 628
            When necessary.
                After failure of, must be of record before transaction
                    of business.......................................    55
                Effect of failure of, as to motions in order pending a
                    motion to suspend the rules.......................   890
                Enrolled bills not signed in absence of...............   625
                Failure of, on second of motion to suspend the rules..   888
                Necessary during debate and other business (obsolete).   310
                Of House, necessary for business......................    52
                Quorum not required in certain situations.............  1027

    [[Page 1431]]

                Quorum not required in the House unless pending motion
                    or proposition put to vote........................  1027
                Quorum not required in Committee of the Whole, after
                    once ascertained on that day, unless pending
                    motion or proposition put to vote.................   982
                Relations of, to acts of House........................    55
    Relations of, to reception of messages........................... 55, 56
                Relations of motion to reconsider to..................  1003
                Reporting a measure in committee......................   799
                Voting, debate, and other business suspended by
                    failure of (obsolete).............................   510
            Call of the House.
                Arrest of Members.....................................  1023
    Call of the House............................................ 1025, 1026
                Call of the House in the old form.....................  1021
                Call of the House after previous question is ordered..  1029
                Count of those not voting to make a quorum of record
                    on a record vote..................................  1020
                Dispensing with call after quorum responds............  1023
                Motions during a call of the House....................  1024
                Ordering and conducting the call of the House in the
                    old form..........................................  1022
    Power to compel attendance....................................... 52, 55
                Use of clerks to record...............................  1019
                Use of electronic equipment to record.................  1014
            Point of order as to.
                Before adoption of rules..............................    60
                Before approval of Journal............................   621
                Failure of, on yea-and-nay vote to be noted...........    76
                Former rule with respect to reporting a measure from
                    committee.........................................   839
                Making point as to....................................    54
    Not in order before Chaplain offers prayer........... 56, 621, 869, 1027
                Point as to, may be dilatory..........................   903
    Prohibition against making in certain situations.............. 982, 1027
                Right of a Member to have the House told when a quorum
                    is not present....................................   382
                Time of making point of...............................    55
                Withdrawal of point as to.............................    55
            Motions in absence of.
                Excuses, but not leaves of absence, granted by less
                    than..............................................   671
                Less than may order yeas and nays.....................    76
                Motions in order in absence of........................    55
                Questions of privilege in the absence of..............   698

    [[Page 1432]]

                Right to demand yeas and nays not waived by demand for    77
            In Committee of the Whole.
                Discretionary during general debate in................   982
                Not required, after once ascertained on that day,
                    unless pending motion or proposition put to vote..   982
                Of Committee of the Whole consists of 100 Members.....   982
                Procedure in case of failure of.......................   982
                Rising and reports of, as related to..................   983
                Short or notice quorum................................   982
            Relation of, to organization.
    As related to right of Member to take oath...................... 56, 232
                At organization of the two Houses.....................    56
                Relations of, to business of two Houses at
                    organization......................................    56
            In general.
                At calling of House to order..........................   621
                Clerk to furnish Members a list of certain............   646
                Relations of, to calling of the House to order when
                    Speaker takes the Chair...........................   310
                Relations of Journal to absence of....................    55
                Relations of, to reading of Journal...................    55
                One-fifth of, orders recorded vote (or former vote by
                    tellers)..........................................  1012
    Radio gallery.  See Galleries.
    Raising revenue.  See Revenue.
    Ramseyer rule.  See Committees.
    Ratification.
            Of the Constitution.......................................   207
            Of amendments to the Constitution.........................   190
            Procedure of Senate in ratifying treaties.................   600
    Reading.
            Of papers.
    Member not always privileged to read a paper.............. 434, 964, 965
                Intervening questions as to...........................   459
    Objections to reading of papers under former rule XXX.......... 964, 965
    Of papers on which the House is to vote........................ 392, 964
                Of such as criticize the Senate or Senators not in
                    order.............................................   372
                On reference..........................................   436
    Papers not necessarily to be read on plea of privilege......... 433, 964
                Papers read on demand of a Member.....................   964
                Papers read by consent of the House under former rule
                    XXX...............................................   965
    Parliamentary law as to........................................ 432, 964

    [[Page 1433]]

                Reports of committees not read except in order or in
                    debate............................................   435
            Of bills, resolutions, conference reports.
                Rule for..............................................   941
                A bill read in Committee of the Whole not read in full
                    when taken up in House............................   338
                Amendments before third...............................   497
                Committal of, on third................................   494
                Debate in relation to third...........................   498
    Engrossed copy, reading in full not required................... 941, 943
    First and second............................................... 941, 942
                Manner of reading a bill the second time..............   428
    Obsolete requirements as to.................................... 399, 400
    Obsolete requirements as to third.............................. 492, 493
                Of a bill in Committee of the Whole...................   942
                Of bills for amendment under the five-minute rule.....   980
                Of concurrent resolution on the budget................   990
    Of conference reports and amendments in disagreement, dispensed
    with......................................................... 1082, 1083
                Of Journal, not interrupted by conference report......  1077
                Of Journal, place of, in order of business............   869
                Of President's messages and accompanying documents....   188
                Of a veto message.....................................   107
                Raising points of order before completing reading of
                    resolution........................................   628
                Raising points of order before completing reading of
                    amendment.........................................   924
                Speaker sits while reading, but the Clerk stands......   428
                Third reading after engrossment.......................   943
            Of amendments.
                Motions to dispense with reading......................   986
    Reappropriations.
            Citations relating to................................ 1037, 1063
            Not in order on general appropriation bill unless in
                continuation of public works already commenced... 1037, 1063
    Reasons.
            Not entered on Journal....................................    70
    Rebellion.
            Debts incurred in suppressing, not to be questioned.......   234
            Debts incurred in aid of, not to be paid..................   234
            Participation in, as a disqualification for office........   230
            Suffrage may be abridged for..............................   226
            Suspension of writ of habeas corpus for...................   138

    [[Page 1434]]

    Recapitulation.
            Of a vote, Speaker's discretion as to.....................  1015
    Recede, motion to.
            Precedence of......................... 486, 528-528d, 1089, 1091
            Motion to recede and concur takes precedence of motion to
                recede and concur with amendment or insist........ 525, 528d
            Motion to recede and concur divisible................. 525, 528d
            Not equivalent of either insisting or adhering when
                decided in negative...................................   488
            One House not to recede from its own amendment with an
                amendment............................................... 526
            Parliamentary law as to receding.................. 523, 528-528d
            Practice of the House as to receding from its own
                amendment to a bill of the other House................   524
            Practice of the House as to receding from disagreement to
                amendment of the other House..........................   525
    Receipts.
            Of public money, account of, to be published..............   143
    Reception.
            Duty of President to receive ambassadors..................   172
    Recess.  See also Adjournment.
            In general.
                Of Congress...........................................   590
                Of a Congress, effect on pending business.............   814
                Of Congress, issue of subpoenas during................   342
                Of Congress, jurisdiction of resolutions relating to..   733
                Of Senate, power of President to fill offices during..   167
                Of Senate, emergency recess and reconvening...........   639
                Of House, during day's sitting, conditions of.........   586
    Of House, Speaker's authority to declare....................... 638, 639
    Of House, emergency recess and reconvening...................... 83, 639
                Of a committee........................................   787
                Of Committee of the Whole, emergency..................   639
            Motion for.
    Status of................................................. 586, 911, 913
    Recognition.
            To call up a bill made in order by a resolution adopted by
                the House.............................................   715
            For debate and amendment under the five-minute rule.......   980
            For motions to discharge committees on second and fourth
                Mondays...............................................   892
            For motion to go to conference....................... 1069, 1070
            For the motion to reconsider..............................  1004
            For the previous question.................................   997
            For question of privilege............................... 698-668
            Loss of right to recognition by Member in charge..........   954

    [[Page 1435]]

            Parliamentary law as to Speaker's duty in.................   356
            Preliminary action of Member in seeking...................   945
            Preference in, to be given to opposition for motion to
                recommit after previous question is ordered....... 911, 917,
                                                                  1001, 1002
            Prior right of Members of the committee to recognition for
                debate................................................   955
            Procedure of the Member in seeking........................   354
            Under former rule requiring a second on the motion to
                suspend the rules.....................................   889
            Speaker's power of...................................... 949-956
            Speaker's power of with respect to Senate amendments...... 1070,
                                                                        1072
            Speaker governed by usage in...................... 356, 953, 956
            Speaker not to recognize Members to introduce occupants of
                galleries to House....................................   966
            No appeal from Speaker's decision in......................   356
            Exceptions to the usages constraining the Speaker as to
                recognitions..........................................   956
            Right to speak a second time..............................   357
    Recommendations.
            President to make, to Congress............................   168
    Recommit, motion to.  See also Commit, motion to.
            Precedence and general conditions of....... 911, 916, 1001-1002c
            After previous question is ordered, privilege and effect
                of.......................................... 994, 1001, 1002
            Debate on............................................ 1001, 1002
            Germaneness test with respect to..........................   929
            In order as to bill on third reading......................   494
            Instructions with.............................. 917, 1001, 1002b
            Instructions to strike amendment adopted by House not in
                order.................................................   917
            Instructions may be amended........................... 917, 1002
            Instructions must be germane to bill before the House...... 930,
                                                                        1002
            Speaker does not usually decide as to whether or not
                committees have followed..............................   628
            Limiting by Committee on Rules............................   857
            May be applied to a conference report under certain
                circumstances............................... 550, 1001, 1002
            Method of dividing a bill by, with instructions...........   476
            Not used in Committee of the Whole........................   916
            Not applied to reports from Committee on Rules pending
                previous question.....................................   857
            One motion to, in order after previous question is ordered
                                                             911, 1001, 1002

    [[Page 1436]]

            Repetition of motions.....................................   918
            Recognition to offer...................... 911, 917, 1001, 1002c
    Recommittal.
            Of bills to select or standing committees.................   420
            Duty of committee in case of..............................   917
            Of bills amending or repealing statutes when committee
                reports fail to comply with rule......................   846
            Of bills to Committee of the Whole........................   420
            Of report from Committee of the Whole when ruled out in
                the House.............................................   335
            When House nonconcurs in recommendation of Committee of
                the Whole to strike enacting words....................   988
            Speaker does not usually decide as to whether or not
                committees have followed..............................   628
    Reconsider, motion to.
            Rule for the motion and its precedence....................  1003
            Discussion of procedure of................................  1005
            Application of............................................  1006
            Application of, to bills in committee.....................  1011
            As to use in a standing or select committee........... 416, 1005
            Debate on.................................................  1010
            Delegates and Resident Commissioner not to make...........   741
            Effect of.................................................  1007
            Enrolled bills not signed pending.........................  1007
            Maker of..................................................  1004
            May be held dilatory......................................   903
            May be applied to vote refusing yeas and nays or ordering
                yeas and nays (if not executed).................... 79, 1007
            Not used in Committee of the Whole........................   416
            Relations of, to motion to lay on the table...............  1009
            Relations of, to the previous question............... 1005, 1006
            Repetition of........................................ 1006, 1007
            Vote on...................................................  1008
            Vote on ordering yeas and nays may be reconsidered by less
                than a quorum.........................................    76
    Reconsideration.
            Bill once rejected not to be brought up again the same
                session...............................................   515
            Early Senate practice as to...............................   513
            Exceptions to the rule against bringing up a matter once
                rejected..............................................   516
            Expedients for changing the effect of bills once passed...   516
            Of a vetoed bill by the two Houses........................   104
            Member voting ``present'' not counted in determining the
                two-thirds............................................   109

    [[Page 1437]]

            Two-thirds of those voting, a quorum present, sufficient
                to pass bill..........................................   109
            Passage of supplementary bills............................   518
            Parliamentary law as to...................................   514
    Reconvening.
            Emergency reconvening of the House, Speaker's authority..... 83,
                                                                         639
            Public interest reconvening of the House, Speaker's
                authority...................................... 83a, 84, 639
            Reconvening of Congress by joint leadership under recall
                authority in adjournment resolutions................. 82, 84
    Record.  See also Congressional Record.
            The Journal as............................................   582
    Record vote.
            Changes and corrections of votes..........................  1017
            Count of those voting to make a quorum of record on a
                record vote...........................................  1020
            Electronic device.................................... 1014, 1019
            In committee, formerly used as proof quorum present when
                reporting.............................................   839
            In Committee of the Whole on the failure of quorum........   982
            Interruptions of the record vote..........................  1018
            Manner of, during call of the House.......................  1022
            Not to be interrupted for conference report...............  1077
            Not to be interrupted by arrival of time for recess... 586, 1018
            Oath administered to a Member during......................   201
            Postponement of, by Speaker...............................  1030
            Speaker may recognize for motion for call of House at any
                time..................................................  1028
    Recorded vote.
            Ordered by one-fifth of quorum in House...................  1012
            By electronic device or by tellers........................  1012
            Ordered by 25 in Committee of the Whole............... 984, 1012
            Repetition of demand for..................................  1013
            Vote by considered vote by yeas and nays..................  1012
    Recording Studio.
            Establishment and composition of House Recording Studio...  1125
    Records.  See Papers.
    Redress.
            Of grievances, right of people to petition for............   208
    Refer, motion to.  See also Recommit, motion to.
            Precedence and status of.
    Precedence and general conditions of........................... 911, 916
                Has precedence of motion to amend.....................   449
                May not be postponed..................................   451
                Not to be suppressed by another privileged motion.....   450

    [[Page 1438]]

                Repetition of.........................................   918
            Use of.
    General use of................................................. 401, 446
                Not used in Committee of the Whole....................   916
    Admitted in ``House as in Committee of the Whole''............. 425, 427
                In relation to motion to strike enacting words........   988
    In relation to amendments between Houses....................... 528-528d
                In order as to bill on third reading..................   494
                Motion applicable to a vetoed bill....................   108
                Instructions with.....................................   917
    Instructions may be amended.............................. 917, 929, 1002
                Instructions must be germane to bill before the House
                    and not to general law sought to be amended.......  1002
                Method of dividing a bill by, with instructions.......   476
            Relations of, to previous question.
                Application of previous question to...................   450
    Relations of, to the previous question......................... 486, 998
    After previous question is ordered, privilege and effect of... 994, 1002
    Minority has preference in recognition for, after previous
    question is ordered......................................... 1001, 1002c
                After previous question is ordered, Committee on Rules
                    limited as to.....................................    57
                Not applied to reports from Committee on Rules pending
                    previous question.................................   857
    Discussion of relations of, to early use of the previous question
                                                                    448, 449
    Reference.
            Of bills.  See Bills.
            Of memorials, petitions.
    By Speaker................................................ 816, 825, 873
    By Members..................................................... 816, 818
                Private claims referred to certain committees.........   817
    Of communications, rule for............................... 816, 873, 874
    Of messages of the President, rule for..................... 816, 873-875
                Of executive documents................................   827
                Papers not read in House on ordinary reference to
                    committee.........................................   436
            Correction of errors in reference of.
                Errors in.............................................   824
                Correction of, for public bills.......................   825
                Of public bills, place of correction of, in order of
                    business..........................................   869
                Change of, for errors in..............................   824

    [[Page 1439]]

    Correction of, in case of bills referred from Speaker's table...... 873,
                                                                         874
                Of bill to a calendar, error in, a question of
                    privilege.........................................   828
    Regents.
            Do not hold incompatible offices..........................    98
    Regular order.
            Improper use of demand for................................   381
            Right of the Member to demand..................... 381, 382, 872
            Not to be demanded while a Member has the floor in debate.   393
    Regulations.
            Power of Congress to make, concerning territory and other
                property..............................................   188
            Power of Congress to make, as to jurisdiction of Supreme
                Court.................................................   179
    Rejection.
            Effect of.............................................. 515, 517
            Bill is lost when a conference report is not agreed to....   549
            Bills fail when both Houses continue to insist or adhere..   522
            Of a bill, action on similar bill.........................   944
            Of a bill, communicated to the other House................   568
            Of bills, question on, comes indirectly...................   484
            Status of amendments after rejection of conference report.   551
            Striking enacting words of a bill equivalent to...........   988
    Relatives.
            Of Members, employment of.............................. 88, 1095
    Relevancy of debate.  See Debate.
    Religion.
            Congress to make no law respecting establishment of, or
                free exercise of......................................   208
            Religious tests not required for officers under United
                States................................................   196
    Remonstrance.
            Nature of.................................................   389
    Removal.
            Of President from office..................................   155
            Of Speaker................................................   315
    Repetition.
            Of motions, general rules as to........................ 911, 918
            Of motion to reconsider.............................. 1006, 1007
            Of motion to strike and insert......................... 471, 472
            Of motion to request a conference.........................   535
            Of demand for yeas and nays...............................    77
            Of motion to reconsider vote ordering yeas and nays.......    79
            Of a question once determined.............................   514
            Of amendments.............................................   468

    [[Page 1440]]

    Reporters.
            Of debates................................................   685
            Of debates, duties of Committee on House Administration as
                to....................................................   724
            Press, admission to the floor,  see Floor.
    Reports.
            Of committees.  See Committees.
            From Committees of the Whole.  See also Committee of the Whole.
                As related to amendments adopted......................   336
                As to breach of privilege.............................   335
                Bill presumed to have passed necessary stages.........   335
                Bills from, considered in the House...................   338
                Chair alone makes reports.............................   335
                Consideration of amendments from, in the House........   337
                Discharge of Committee of the Whole...................   339
                Minutes of Clerk in lieu of, when Committee is
                    discharged........................................   339
                Not to be amended by the House........................   335
    Of disorderly words taken down............................ 369, 960, 961
                Of motion to strike the enacting words................   988
                Recommitted when ruled out in House...................   335
    Of Chair when Committee rises before a matter is concluded.... 333, 334,
                                                                         983
                Quorum not required after Committee of the Whole has
                    risen and before report made to House.............  1027
                When a quorum fails...................................   982
            Of managers of conferences.  See Conferences.
            In general.  See also Clerk; Sergeant-at-Arms; Chief
                Administrative Officer.
                Of Members, officers, and employees on financial
                    disclosure........................................  1103
    From heads of departments, rule for reference of............... 873, 874
    From heads of departments to be studied by committees........... 744-749
                Rectification of errors after report of tellers.......   503
    Representation.
            Office of General Counsel............................ 670, 1125b
            Reduction of, for abridgement of the right of suffrage....   226
    Representatives.
            Election, privilege, and duties.  See Members.
            House of.
                Part of Congress......................................     3
                Attendance at an impeachment trial....................   617
    Authority as to treaties........................................ 594-599
                Bills for raising revenue to originate in.............   102

    [[Page 1441]]

    Choice of President by......................................... 221, 222
    Chooses Speaker and other officers................................ 26-30
                Composed of Members chosen by people..................  5, 7
                Confirms Vice President...............................   253
                Electoral votes to be counted in presence of..........   219
                Has power of impeachment..............................    31
                Indecent language against, not permitted in debate....   360
                Convening time........................................     6
                Power of President to convene or adjourn..............   171
    Questions of privilege affecting............................... 698, 700
                Required to keep a Journal............................    68
    Rules as to use of Hall........................................ 677, 678
                The office building...................................  1114
    Vacancies in...................................................... 17-25
    Reprieves.
            Power of President to grant...............................   162
    Reprimand.
            Of a Member...............................................    64
    Reprisal.
            Letters of, Congress to grant.............................   127
            States not to grant.......................................   146
    Republican form of government.
            Guaranteed to the States..................................   189
    Request.
            For a conference.
                Declined or neglected.................................   534
                Made by the House possessed of the papers.............   530
    Motions to................................... 528a, 535, 791, 1069, 1070
                Practice as to making.................................   533
                Usual but not essential that names of managers be
                    transmitted with..................................   536
            Bills introduced by.
                Introduction of bills, resolutions by.................   826
    Rescind, motion to.
            Not privileged under rules governing the order of business   734
            As to entries on Journal..................................    71
    Rescission.
            Of appropriations, jurisdiction of Appropriations
                Committee.............................................   716
            Separate headings required on in certain bills and reports   716
            Rescission bills, definition and procedure for
                consideration of under Impoundment Control Act..... 1130(6a)
    Reservation.
            Of rights of people.......................................   216
            Of points of order on general appropriation bills.... 1035, 1044

    [[Page 1442]]

            Of objection to unanimous-consent request.................   872
    Reserved powers.
            Of the State and people...................................   217
    Residence.
            As a condition of citizenship in the United States and the
                State of..............................................   225
    Resident Commissioner.
            Admitted to floor of House................................   678
            Clerk to distribute certain documents to..................   649
            Compensation of...........................................    86
            Elected to committees.....................................   675
            Former de novo vote in House where vote of decisive in
                Committee of the Whole................................   985
            From Puerto Rico, power and privileges of......... 675, 676, 970
            May be appointed to select and conference committees......   676
            Formerly could be appointed chair of Committee of the
                Whole.................................................   970
            Of Puerto Rico, admitted to the floor.....................   678
            Powers and privileges in Committee of the Whole........ 675, 970
            Rooms of, in office building..............................  1114
    Resignations.
            As related to procedure for punishments................... 63-66
            From committees, privilege of and debate on................. 701
            Of chair of a committee, selection of a successor.........   761
            Of Member-elect before taking oath........................   300
            Of President of the United States or Vice President.... 155, 156
            Of Speaker................................................    28
            Procedure for considering.................................   700
            Vacancy from..............................................    19
            Vacancies caused by, in Senate............................    34
    Resolutions.
            Commemoratives.
                Prohibited............................................   823
            Simple, of the House--Nature and forms of.
                As to presentation of, to President for approval......   115
                Consideration of a preamble...........................   414
                Introduction by request...............................   826
                Introduction and reference of private.................   818
                Introduction of public................................   825
                Nature and use of, as compared with others............   395
                Raising a question of privileges of the House.........   698
                Reference of..........................................   816
                Of inquiry............................................   864
                Use, to disapprove Executive actions..................  1130
            Simple, of the House--Of inquiry.
                Discharge of a committee from a resolution of inquiry.   867

    [[Page 1443]]

                Forms of resolutions of inquiry and delivery thereof..   865
                Privileged status of resolutions of inquiry...........   866
                Resolutions of inquiry as related to the Executive....   868
            Simple, of the Senate.
                Not referred in House.................................   874
            Concurrent.
                Adjournment for more than three days by concurrent
                    resolution........................................    84
                Reference of..........................................   816
    Their use..................................................... 396, 1130
            Joint.
    Their use..................................................... 397, 1130
                Clerk certifies to passage of.........................   648
                Division of, not in order on vote on engrossment of
                    passage...........................................   921
                Reference of..........................................   816
                Signed by Speaker.....................................   624
                Used for abrogating treaties..........................   599
                Used for amendments to the Constitution...............   291
                Use of, correct an error in a bill sent to the
                    President.........................................   518
    Resources, Committee on.  See Natural Resources, Committee on.
    Restaurant.
            Of House, jurisdiction of matters relating to.............   739
            Of House, management of...................................   725
            Retrenching expenditures, amendment providing new
                legislation in order on appropriation bill........ 1036-1062
    Return.
            Of a message sometimes asked..............................   565
    Returns.
            Power of House to judge as to............................. 46-51
    Revenue.
            Power to raise.
                Account of receipts of public money to be published...   143
                Capitation or direct taxes to be proportioned to
                    census............................................   140
                Export duties forbidden...............................   141
                General power of Congress to raise....................   117
                Not to be raised on commerce by water between States..   142
    Power of States as to raising of............................... 147, 148
                Regulations of, not to favor ports....................   142
                Retroactive income tax rate increases prohibited......  1068
            Consideration of bills for raising.
                Amendments must relate to particular item.............   940
                Bills for raising, to originate in House..............   102

    [[Page 1444]]

                Bills raising, placed on Union Calendar...............   828
                Bills raising, considered in Committee of the Whole...   973
                Jurisdiction of subjects relating to..................   741
                Jurisdiction as to oleomargarine......................   715
    Point of order against certain bills or amendments carrying taxes
    or tariffs.................................................. 1066, 1076a
                Precedence of bills raising, in Committee of the Whole   977
                Precedence of, in order of business...................   856
    Vote on measures raising income tax rates.................... 1033, 1067
    Revenue sharing, general.
            Jurisdiction over.........................................   732
    Revenue treaties.
            Authority of House as to..................................   597
    Revision of the laws.
            Jurisdiction of subjects relating to......................   729
            Law Revision Counsel, Office of...........................  1120
    Riders.
            Nongermane Senate amendments.......................... 1089-1091
            Rule forbidding, on general appropriation bills,  see
                Appropriations.
            On bills, obsolete parliamentary practice as to...........   495
    Rights.
            Of the people under the Constitution.
                Those enumerated in Constitution and others retained
                    by the people.....................................   216
                As to quartering of soldiers..........................   210
                As to searches and seizures...........................   211
                Excessive bail or fines and cruel punishments
                    prohibited........................................   215
                Of citizens of the United States as to privileges and
                    immunities........................................   225
                Of citizens of the United States to vote..............   235
                Of persons to life, liberty, property, and equal
                    protection of the laws............................   225
                Of religion, speech, free press, assembly, and
                    petition..........................................   208
                Security as to accusations, trials, and property......   212
                To a fair trial by jury...............................   213
                To jury trial in suits at common law..................   214
                To bear arms..........................................   209
                To vote, of citizens eighteen years of age or older...   257
            Certain, of Members of the House.
    Members not always entitled to read papers in their places.... 434, 964,
                                                                         965
                Members not necessarily entitled to have papers read
                    on plea of privilege..............................   433

    [[Page 1445]]

                Of Member to have paper read..........................   432
    Of Members, to call to order in debate......................... 960, 961
                Of Members to demand division of the House after vote
                    by sound..........................................   501
    Of Members to demand the execution of a subsisting order....... 381, 872
                Of Members to inspect the Journal.....................   582
    Rising.  See also Committee of the Whole.
            Of a Committee when the House sits........................   324
    Rivers and harbors.
            Jurisdiction of subjects relating to......................   739
            Precedence of bills to improve, in Committee of the Whole.   977
    Roll Call.
            Members not to remain near Clerk's desk during roll call..   962
            Method of call of the roll for the yea-and-nay vote.......  1015
    Rolls.
            Of Members-elect, Clerk makes up..........................   644
            Duty of Clerk as related to qualifications................     9
            Names of Members not entered on yea and nay, until sworn..   300
            Speaker's name not on that from which yeas and nays are
                called................................................   631
    Rooms.
            Assignment of, in office buildings........................  1114
            Control of, in House wing.................................   623
            Duty of Committee on House Administration as to...........   724
            Exclusion of persons from those leading to the Hall.... 678, 680
    Rules.
            House makes its own.
    Abrogation of joint rules....................................... 61, 316
                As related to privileges of minorities................   283
                Congressional Budget Act rules may be changed by the
                    House.............................................  1127
    Each House makes its own.......................................... 58-60
                Early parliamentary law as related to.................   286
                House's construction of its power to adopt............   388
                Jefferson's Manual, part of...........................  1105
                Jefferson's views as to power to make.................   387
    Jurisdiction as to............................................. 733, 734
                Necessity of..........................................   285
                Not to be changed by report from Committee of the
                    Whole.............................................   335
                Power to administer oaths not conferred by............    59
    Power to make, not impaired by rule or law...................... 59, 388
                Power to make, constitutionality of...................    60

    [[Page 1446]]

                Procedure before adoption of..........................    60
    Those of the House in effect in Committee of the Whole so far as
    applicable..................................................... 340, 992
            Committee on.
                Activity reports of...................................   790
    Certain reports may be considered immediately without two-thirds
    vote.......................................................... 857, 1087
                Exempted from requirement of record vote display in
                    reports...........................................   839
                History, jurisdiction, and powers of..................   682
                Limitations on reports from...........................   857
                Member of serves on Committee on the Budget...........   758
                Privileged reports of.................................   857
                Report from, providing special order of business not
                    divisible.........................................   857
                Report may be considered immediately by two-thirds
                    vote..............................................   857
    Reports, adverse, from......................................... 861, 893
                Reports from, on resolutions repealing or amending
                    rules of House must show by typographical device
                    parts of rules affected...........................   848
                Report from, to specify waivers.......................   863
    Right to report at any time confined to privileged matters..... 853, 857
            Suspension of.  See Suspension of rules.
            Power of Congress to make certain.
                Congress to make, for land and naval forces...........   131
                Congress to make, concerning captures on land and
                    water.............................................   127
                Power of Congress to make, concerning territory and
                    other property....................................   188
    Rumor.
            As a ground for impeachment...............................   605
            As foundation for investigation...........................   341
    Safety, public.
            As related to suspension of writ of habeas corpus.........   138
    Salaries.
            Of Representatives and Senators............ 85-88, 258, 1130(12)
            Of Speaker................................................    86
            Jurisdiction as to, of legislative employees..............   724
            Authorization of appropriations for, in general
                appropriation bills...................................  1046
    Sanity.
            As related to the oath and qualifications.................   205
    Science.
            Congress may promote, by patent and copyright laws........   124

    [[Page 1447]]

    Science and Technology, Committee on.  See Science, Space, and
        Technology, Committee on.
    Science, Space, and Technology, Committee on.
            History, jurisdiction, and duties of......................   735
            Special oversight functions of............................   744
    Seal.
            Of the House, Clerk affixes...............................   648
    Searches.
            As related to security of persons, papers.................   211
    Seat of Government.
            Power of Congress to legislate for..................... 134, 135
            Power of President to convene Congress at another place..... 82,
                                                                    82a, 171
            District of Columbia denominated as.......................   135
    Seats.
            Obsolete requirement that a Member sit in his place.......   353
    Second.
            Not required for ordinary motions...................... 392, 904
            Formerly required on motions to suspend the rules.........   889
            Of motion to adjourn on new call of House.................  1025
            Yeas and nays not taken on vote to........................    77
    Second reading.
            Of a bill, obsolete requirement as to.....................   400
            Of bills to be in full................................. 941, 942
            Manner of reading a bill a second time....................   428
    Secondary motions.  See also Motions.
            Application of motion to amend to other...................   927
            Discussion of use and relations of...................... 437-464
            In general, one not to be suppressed by another...........   450
            Precedence and conditions of............................ 911-917
    Secrecy.
            Of portions of the Journal................................    68
            Of committee procedure....................................   319
    Secret sessions.
            Rule for and procedure in.............................. 785, 969
            Of committees, banned with certain exceptions.............   798
    Secretary of State.
            Bills that become laws deposited with (obsolete)....... 105, 109
    Secrets.
            Of the House, oath of officers to keep (obsolete).........   640
    Sections.
            Amendment of bills by.....................................   413
            Amendments should be germane to...........................   928
            Clerk amends numbers of, in a bill........................   479
            House does not agree to severally, in perfecting a bill...   456
            Reading of bills by.......................................   980

    [[Page 1448]]

            Transportation of, in a bill by amendment.................   477
    Securities.
            Congress may provide punishment for counterfeiting........   122
    Security.
            Of the people as to searches and seizures.................   211
    Seizures.
            As related to security of persons, papers.................   211
    Select committees.
            Ad hoc to consider legislation............................  816b
            Compliance with clause 2(a) of rule XI....................   783
            Conferences held by means of..............................   532
            Events Surrounding the 2012 Terrorist Attack in Benghazi
                                                                       1112c
            Former Aging..............................................   784
            Former Ethics.............................................  721c
            Former Homeland Security..................................  723b
            Former Intelligence Oversight Panel, Committee on
                Appropriations........................................  747a
            Membership contingent on party membership.................   782
            Permanent Select Committee on Intelligence...... 744, 785, 1112b
            Speaker appoints..........................................   637
            Reports, dissolution, and revival of......................   419
    Select Panel.
            Of Committee on Appropriations, former Intelligence
                Oversight.............................................  747a
    Senate.
            Part of Congress..........................................     3
            Concurs in treaties by two-thirds vote....................   165
            Congress not to interfere as to place of choosing Senators    42
            Composition of............................................    32
            Division into classes.....................................    33
            Election of Senators................................ 32, 42, 236
            Electoral votes transmitted to President of...............   219
            Electoral votes to be counted in presence of..............   219
            Filling vacancies in.................................... 34, 236
            May amend revenue bills...................................   102
            No State to be deprived of equal suffrage in, without
                consent...............................................   191
            Power of President to appoint officers during recess of...   167
            President pro tempore.....................................    37
            Procedure in ratifying treaties...........................   600
            References to Senate action........................ 371-374, 945
            Qualifications of Senators.............................. 35, 230
            Vice President............................................    36
            Tries impeachments........................................ 38-41

    [[Page 1449]]

    Senate amendments.  See Amendments Between the Houses; Conferences.
    Senate bills.
            Rule for reference of............................. 816, 873, 874
            Consideration of, from Speaker's table with reference to
                Committee of the Whole............................. 873, 874
    Senate resolutions.
            Simple resolutions of Senate not referred in House........   874
    Sergeant-at-Arms.
            Custody of oath not to disclose classified information....  1095
            Doorkeeping duties..................................... 380, 658
            Duty to cooperate in the performance of reviews and audits   660
            Duties of, on call of the House................ 1021, 1023, 1025
            Election, oath, and removal of............................   640
            Enforces authority of House in House and in Committee of
                the Whole.............................................   648
            Enforces rules as to decorum on floor.....................   962
            Financial and operational reports to Committee on House
                Administration........................................   659
            Makes up roll of Members-elect in certain cases...........   648
            Of the Senate, admitted to the floor of the House.........   678
            The Mace as symbol of the office..........................   657
    Service.
            Fugitives from, return of.................................   186
    Servitude.
            Involuntary, not to exist except as punishment for crime..   224
            Suffrage not to be abridged for previous condition of.....   234
    Sessions.  See also Adjournments.
            Sessions and recesses (adjournments) of Congress..... 82-84, 590
            Adjournment of Congress during August in certain
                situations............................................  1106
            Adjournment prohibited before completion of congressional
                budget process........................................  1127
            Close of, as related for constitutional day of meeting of
                Congress............................................ 45, 242
            Conference asked at one and concluded at next.............   533
            Congress adjourns not later than last day of July in
                certain situations....................................  1106
            Congress may extend session beyond July...................  1106
            Effect of adjournment on action on a veto.................   107
            Executive, of committees, banned with certain exceptions..   798
            Impeachments continue from one to another.................   620
            Manner of closing session by action of the two Houses...... 242,
                                                                         591
            Obsolete law as to business at end of.....................   385
            Of Congress, resumption of business of a preceding........   814
            Of Parliament.............................................   588

    [[Page 1450]]

            Parliamentary law as to business at the termination of a
                session...............................................   592
            Relations of, to adjournments for more than three days....    84
            Rule for secret, of the House.............................   969
            Sitting committees in recesses, and creation of
                commissions to sit after Congress adjourns............   589
            Termination of, as affecting approval of bills............   577
    Seven days.
            Any member of standing committee may call up bill after
                resolution making bill in order has been adopted for
                more than.............................................   862
            Any member of Committee on Rules may call up special rule
                after it has been on calendar for.....................   861
            Filing of committee report within, after written request..   834
            See clause 2, rule XV, relating to motion to discharge....   892
            Special committee meetings to be called within, upon
                request of committee majority.........................   793
    Sex discrimination.
            Discrimination in employment..............................  1095
            Right of suffrage.........................................   240
    Ships.
            Of war not to be kept by States in time of peace..........   148
    Signature.
            Approval of bill by President valid only with.............   105
            As to signing of enrolled bills by Speaker pro tempore....   632
            Of enrolled bills for presentation to the President.... 575, 576
            Of enrolled bill canceled.............................. 575, 625
            Of bills, effect of recess of Congress on.................   814
            Of conference reports.....................................   543
            Of prime sponsor of bill at introduction..................  825a
            Of reports of committees and separate views............ 408, 833
            Of writs, warrants, acts, subpoenas.......................   624
            Speaker declines to sign a bill when motion to reconsider
                is pending............................................  1007
            Speaker does not sign bills in absence of a quorum
                (obsolete)............................................   625
    Simple conferences.  See Conferences.
    Six days.
            Last, of session, status of motion to reconsider during...  1003
            Last, of session, suspension of rules during..............   885
            Conference report not required to be printed in Record on
                last............................................. 1082, 1083
    Slavery.
            Not to exist in the United States.........................   224
            Suffrage not to be abridged for previous condition of.....   234
            No claims to be paid for..................................   232

    [[Page 1451]]

    Small business.
            Generally.
                Assistance and protection, jurisdiction over..........   736
                Participation in Federal contracts, jurisdiction over.   736
            Committee on.
                History and jurisdiction of...........................   736
                Special oversight functions of........................   744
    Smithsonian Institution.
            Jurisdiction of matters relating to.................... 724, 739
    Smoking.
            Forbidden on floor of House...............................   962
    Social Security.
            Jurisdiction over health care and facilities supported by
                payroll deductions....................................   741
            Jurisdiction over health care supported by general
                revenues..............................................   721
            Jurisdiction of, generally................................   741
    Soldiers.
            As to quartering of.......................................   210
            Of the World War, jurisdiction of matters relating to.....   740
    Speaker.
            Election of.
    Chosen by the House............................................. 26, 312
    Chosen by majority on rollcall vote by surname.................. 27, 640
                Election of, as related to adoption of rules..........    59
                Election of, in case of death or resignation..........    28
    Election or appointment of Speaker pro tempore............ 314, 632, 634
                Former four-term limit................................  635a
    Has the power to name a Speaker pro tempore under conditions... 632, 634
                House has adjourned for more than one day before
                    election of Speaker...............................    83
                Motion to proceed to election of, of higher privilege
                    than motion to correct the roll...................   644
    Nominations for, precedence of................................... 27, 60
                Removal of............................................   315
                Sergeant-at-Arms maintains order pending election of..   648
            Relations of, to oath.
                Administers oath to Members and officers..............   198
                As to power to direct a Member whose right to be sworn
                    is challenged, to step aside......................   203
                Functions of, in administering the oath to Members....   199
                May administer oaths to witnesses.....................   343
                Oath, administered to, by Dean of House...............   198
            Preserves order and decorum.
                Preserves order and decorum...........................   622

    [[Page 1452]]

                Censure inflicted by, on order of House...............    65
                Duty of, as to accommodating differences among Members   367
                May cause lobby or gallery to be cleared for disorder.   622
    May not censure or punish a Member.........................622, 960, 961
                May not recognize Members to introduce occupants in
                    galleries.........................................   966
                May not entertain requests to extend floor privileges.   679
                Parliamentary law as to naming a Member by, for
                    disorder..........................................   366
                Power of, as to abuse of privilege of the floor.......   679
                Power to order arrest.................................   622
                Sergeant-at-Arms maintains order and executes commands
                    of House under direction of.......................   648
            Decides questions of order.
    Decides questions of order..................................... 627, 628
                Advice from Members while deciding a question of order
                    during a division.................................   507
                Authority of, to delay decision or a question of order   378
    House by appeal controls decisions on..................... 379, 627, 629
                May not decide questions of consistency as to
                    amendments........................................   466
                Not to pass on sufficiency of a committee's report....   833
                Not to pass on constitutionality of pending measures..   628
                Practice governing, in deciding questions of order....   628
                Questions not for decision............................   628
            Duties of, as to quorum.
                Actual count of, to ascertain quorum after previous
                    question is ordered...............................  1029
                Count of quorum by....................................    54
                Duties of, when Committee of the Whole rises without a
                    quorum............................................   982
                May order the noting of Members to make quorum on vote
                    of record.........................................  1020
                May recognize for call of the House...................  1028
                Required to notice failure of quorum on yea-and-nay
                    vote..............................................    76
                Takes Chair at hour of meeting, not waiting for
                    ascertainment of quorum...........................   310
            Duties of, as to sittings and adjournment.
                Calls House to order..................................   621
                Declares adjournment at end of Congress...............     6
    May declare recesses....................................... 83, 638, 639
    Postponement or reconvening of the House, authorities relating to
                                                            83, 83a, 84, 639
                Pronounces adjournment................................   587

    [[Page 1453]]

                Takes the Chair.......................................   621
            Conduct of.
                As a witness before a committee.......................   346
                Former four-term limit................................  635a
    Functions of, at examinations at the bar of the House.......... 343, 344
                Reprimand of..........................................    64
                Rules a restraint on caprice of.......................   285
            Duties, generally.
    Authority, duties, and privileges as to use of galleries....... 682, 694
                Authority to implement broadcasting of House
                    proceedings.......................................   684
                Certifies to compensation of Members..................    86
                Directed to notify governor of State in case of
                    certain vacancies.................................    22
                Drug testing of Members, officers, and employees......   635
                Duties of, general control of Hall, corridors, and
                    rooms.............................................   623
                Ex officio member of Permanent Select Committee on
                    Intelligence......................................   785
                May designate Members, officers, and employees to
                    travel on official business of the House, on
                    vouchers..........................................   636
                Office for Legislative Floor Activities...............  1123
            Appointment of committees by.
                Appoints select and conference committees.............   637
                Removes conference committees.........................   637
            Appointment of officers of House temporarily by.
                Appoints temporarily to fill vacancies................   640
            Relations to petitions, bills, and order of business.
                Authority to reserve certain bill numbers.............   825
                Declines to sign a bill when motion to reconsider is
                    pending...........................................  1007
                Directs Clerk as to reference of report to calendars..   831
    Duties as to referring matters from Speaker's table............ 873, 874
                Duties of, in presenting petitions....................   818
    Duty as to reception and reference of executive communications..... 816,
                                                                         827
    Duty to exclude certain bills, memorials.................. 818, 822, 823
                Duty of, when validity of a report is questioned......   408
                Early discretion of, as to the order of business......   349
                Exercises discretion about interrupting pending
                    business to receive a message.....................   562
                Functions of, in relation to request for unanimous
                    consent...........................................   872
    Makes reference of public bills, memorials......................816, 825

    [[Page 1454]]

                Objects to action on a bill without reading...........   942
    Sign acts, writs, subpoenas.................................... 624, 626
    Signing of enrolled bills by................................... 575, 624
            Powers and duties as to recognition.
    Speaker's power of recognition.................................. 949-956
                Designates time and place for consideration of
                    questions of privilege............................   698
                Discretion to recognize for motion for call of House..  1028
    Discretion to recognize for motion to send bill to conference..... 528a,
                                                                  1069, 1070
                Discretion to recognize authorized committee member to
                    call up bill made in order by resolution..........   715
    Duty of, as to entertaining questions of privilege.............. 698-668
                Duty as to recognition for motion to reconsider.......  1004
                Exceptions to the usages constraining the Speaker as
                    to recognitions...................................   956
                Former duty as to recognizing for second of motion to
                    suspend the rules.................................   889
                Function of, in recognizing for debate................   354
                Limitation on power to entertain motion for recess on
                    Wednesdays........................................   900
                Limitation on power of, to entertain motions pending
                    report of Committee on Rules......................   857
                Loss of right to recognition by Member in charge......   954
    No appeal from Speaker's recognition........................... 356, 629
                Not to entertain dilatory motions.....................   903
                Not to entertain motion to suspend the rules as to use
                    of Hall of House..................................   678
                Not to entertain motions or requests to suspend rule
                    relating to admission to the floor................   678
                May entertain one motion to adjourn pending motion to
                    suspend rules.....................................   890
                Power to entertain motions to suspend rules limited...   885
                Preliminary action of Member in seeking recognition...   945
                Principles as to recognition for motion for the
                    previous question.................................   997
                Prior right of Members of the committee to recognition
                    for debate........................................   955
    Required to give preference to opposition for motion to recommit
    after previous question is ordered.......................... 1001, 1002c
                Speaker governed by usage in recognition..............   953
                With respect to former Consent Calendar...............   899

    [[Page 1455]]

            Relations of, to debate.
    Criticism of in debate.................................... 362, 960, 961
    Duty as to calling to order in debate.......................... 960, 961
                Duty of, to suppress reflections on motives...........   363
                Duty of, to prevent expressions in debate offensive to
                    the other House...................................   374
                Participation of, in debate...........................   358
                To be addressed when a Member desires to interrupt in
                    debate............................................   364
            Puts the question.
                Decorum while putting the question....................   962
                Duty of, to state motions.............................   904
    Formal and informal putting of the question by.................. 489-491
                Must put a question that is in order..................   304
                Putting of the question by, and taking the vote.......   630
                Reads sitting but rises to put a question.............   428
            Duty and rights as to voting.
                Formerly appointed tellers............................  1013
                Discretionary authority to postpone certain
                    proceedings.......................................  1030
    Discretionary authority to reduce electronic vote to five minutes
                                                                  1030, 1032
    Discretionary authority to use electronic device in taking vote... 1012,
                                                                        1032
                Duty of, when an order of yeas and nays is demanded...    78
                Duty to divide the House on demand of a Member after
                    vote by sound.....................................   501
                Forbidden to entertain a request to record a vote
                    after the record vote.............................  1015
                Has not usually decided as to vote of a Member
                    personally interested.............................   672
    Ordinarily and in case of tie................................. 631, 1015
                Not deprived of vote by rule..........................    59
                Procedure of, in taking a vote of yeas and nays.......   504
            Relations to Committee of the Whole.
                Appoints chair of Committee of the Whole and leaves
                    Chair.............................................   970
                Declaration of resolve into Committee of the Whole
                    pursuant to special order.........................   972
                Duty of, as to recognition of a report from a
                    Committee of the Whole............................   335
                Function of, when the House goes into Committee of the
                    Whole.............................................   328
    May take the Chair to restore order in Committee of the Whole...... 331,
                                                                    332, 622

    [[Page 1456]]

                Remains in the Chair in House as in Committee of the
                    Whole.............................................   424
    Takes the Chair at informal rising of Committee of the Whole to
    receive a message.............................................. 330, 563
            Powers and duties of, as to conferences.
    Functions and duty of, in appointing and removing managers of a
    conference................................................ 536, 637, 782
                May rule out a conference report where managers exceed
                    their authority...................................   547
            Duties as to Journal and Record.
                Approves Journal......................................   621
                May cause Journal to be read..........................   621
                Duties as to reporters of debates and committee
                    stenographers.....................................   685
                May not prevent House from amending Journal...........    71
    Relations of, to Congressional Record.......................... 685, 691
            Vacancy in office of.  See Vacancies and Speaker pro tempore.
    Speaker's Office for Legislative Floor Activities.
            Establishment of..........................................  1123
    Speaker pro tempore.
            Appointed by the Speaker or elected by the House....... 632, 634
            Choice of.................................................   314
            Chosen on removal of Speaker..............................   315
            Competency of, to administer oath to Members..............   199
    Speaker's table.
            Business on, place in order of business...................   869
            Must be authorized by committee in formal meeting to make
                motion................................................   874
            Rule for disposition of business on.................... 873, 874
            Senate bill must be substantially same as House bill as
                reported from House committee.........................   874
            Senate bill to be called up, House bill must correctly be
                on House Calendar.....................................   874
    Special orders.  See also Rules.
            Committee on Rules report to specify waivers contained in.   863
            Effect of, on Tuesday business............................   895
            Oxford-style debates......................................   952
            Privilege of reports of........................... 853, 855, 857
            Quorum calls not in order during speeches.................  1027
            Relation of motion to postpone to...................... 734, 915
            Speeches..................................................   950
            Use of, and method of making..............................   734

    [[Page 1457]]

    Speech.
            Freedom of, guaranteed....................................   208
            Members not to be questioned in another place for.........    92
            Members of Parliament exempted from question as to.... 287, 302,
                                                                         309
            Not to be noticed by the other House......................   308
    Spitting.
            Not in order during debate................................   364
    Staffs of committees.  See Committee staffs.
    Standard.
            Congress to fix, for weights and measures.................   121
    Standing committees.  See Committees.
    Standing orders.
            Duration of...............................................   386
    State executive.
            Fills certain vacancies in Senate (obsolete)..............    34
            Issues writs to fill vacancies in representation......... 17, 24
            May be empowered by legislature to make temporary
                appointment of Senator................................   236
    State of the Union.
            President to inform Congress of...........................   168
    Statement.
            Accompanying conference report, rule as to................  1080
            Of receipts and expenditures of public money to be
                published.............................................   143
    States.
            Relations to the two Houses.
                Admission of, jurisdiction of bills for...............   731
                Authority of, as to establishment of congressional
                    districts.........................................   227
                Clerk to distribute Journal to legislative bodies of..   647
                Constitutional convention to be called on application
                    of legislatures of................................   192
                Governors of, admitted to the floor of the House......   678
                House of Representatives votes by, in choosing
                    President.........................................   221
    Legislatures prescribe time of elections......................... 42, 43
                May not prescribe qualifications of Members...........    12
                None to be deprived of equal suffrage in Senate
                    without its consent...............................   191
                People of the several, to choose Representatives......     5
                Qualifications of electors of Representatives of, in..     7
                Ratification of constitutional amendments by..........   192
                Representation to be apportioned among................   226
    State laws related to House's power to judge elections............ 48-50
                Two Senators from each................................    32

    [[Page 1458]]

            Relations of, to President.
                Appoint electors of President.........................   151
                Electors of, limited as to votes for President and
                    Vice President....................................   219
                Meeting of presidential electors in...................   219
                President Commander in Chief of militia of, in certain
                    cases.............................................   160
            Relations of, to courts, crimes.
                Judges in, bound by Constitution of the United States.   195
                Judicial power extends to cases affecting.............   178
                Jurisdiction of Supreme Court in cases affecting......   179
                Limitations as to certain suits against...............   218
                Relations of, as to extradition.......................   185
                To give full faith and credit to public acts, records,
                    and judicial proceedings of one another...........   183
                Trials for crimes in..................................   180
            Citizenship and suffrage in, and authority of.
                Citizenship of........................................   225
                No State by law to abridge the privileges and
                    immunities of citizens............................   225
                Not to abridge suffrage for race, color...............   235
                Not to deprive any person of life, liberty, or
                    property unlawfully, or deny equal protection of
                    the laws..........................................   225
                Privileges and immunities of the citizens of..........   184
                Admission, consolidation, or division of..............   187
                Authority as to militia...............................   133
                Certain claims of, not to be prejudiced by the
                    Constitution......................................   188
                Duties not to be levied by, on commerce by water......   142
                Eighteen-year-old persons and older granted suffrage..   257
                Jurisdiction of bills as to compacts between, in
                    general...........................................   729
                Jurisdiction of compacts between, of waters for
                    irrigation purposes...............................   731
                Jurisdiction of compacts over interstate energy.......   721
                Jurisdiction of matters relating to boundaries........   729
                Necessity of militia for security of..................   209
                No tax or duty on articles exported from..............   141
                Not to pay any debt incurred in aiding insurrection or
                    rebellion.........................................   234
                Officers of, bound by oath to support the Constitution   196
                One not to enter into agreement or compact with
                    another except on condition.......................   148
                Ports of, not to be given preferences.................   142
                Power of Congress to regulate commerce among..........   119
                Power of Congress over places purchased with consent
                    of................................................   134

    [[Page 1459]]

                Powers of, as to migration or importation of persons..   137
    Powers of, as to treaties, alliances, confederations, and other
    functions, limited.............................................. 146-148
                Powers reserved to, by the Constitution...............   217
                Qualifications of officers as to loyalty..............   232
                Relations of, as to fugitives from service or labor...   186
                United States to guarantee republican form of
                    government and protect from invasion and domestic
                    violence..........................................   189
    Statutory limit on public debt.
            Former rule providing for adjustment of...................  1104
    Stenographers.
            Admission of unofficial...................................   693
            Of Committees, appointment of.............................   685
            Official reporters of debates.............................   685
    Strike enacting words.
            Rule governing motions to.................................   988
            Practice as to use of motions to..........................   989
    Strike, motion to.
            Application of............................................   472
            Conditions of striking an amendment already agreed to.....   474
            Effect of affirmative vote on motion to, and insert.......   473
            Motion to strike and insert not divisible.................   920
            Negative decision of, not bar to further amendment........   920
            Perfecting before voting on...............................   469
            Practice of Parliament and the House as to................   468
            Priority of perfecting amendments over....................   456
            Repetition of the motion to, and insert...................   471
    Subcommittees.  See also Committees.
            Limited number may be established.........................   762
            May authorize and issue subpoenas.........................   805
            Oversight function of.....................................   743
            Staff for.................................................   767
            Subject to full committee control.........................   787
    Subjects.
            Of foreign states, limitations on suits of, against States   218
            Judicial power extends to cases affecting those of foreign
                states................................................   178
    Subpoenas.
            Clerk seals and attests all...............................   648
            From courts for papers of House........................ 291, 697
            Issue of, during recess of Congress.......................   342
            Procedure for response to subpoenas.......................   697
            Signed by Speaker...................................... 624, 626
            Standing committees and their subcommittees may issue.....   805

    [[Page 1460]]

            Authorizing and signing committee subpoenas...............   805
    Substantive propositions.
            As related to division of the question................. 919, 921
    Substitute amendment.
            Amendment of..............................................   923
            As to division of.........................................   920
            Rule as to offering of....................................   922
            Time of offering in ``House as in Committee of the Whole''   427
    Suffrage.
            Abridgment of a cause of reduction of representation......   226
            Of States in the Senate...................................   190
            Right to, not to be abridged for race, color, or sex... 234, 236
            Right to, not to be abridged by poll tax..................   251
    Suits.
            As to jury trial for those at common law..................   214
            Limitation of judicial power in cases of law or equity....   219
    Summons.
            Writ of, in an impeachment............................. 608, 611
    Sunday.
            Not taken into account in adjournment for three days or
                less..................................................    83
            Excepted from the ten-day limit as to bills presented to
                President.............................................   111
            When inauguration day falls on............................   150
    Sundry civil expenses.
            Jurisdiction of appropriations for........................   716
    Supplemental budget.
            Transmittal of............................................   169
    Supreme Court.
            Admission to Floor,  see Floor.
            Gallery for,  see Galleries.
            Judges of.................................................   682
            Jurisdiction of...........................................   179
            Repository of judicial power..............................   177
            Tenure and compensation of judges of......................   177
    Suspension.
            Of writ of habeas corpus..................................   138
    Suspension of rules.
            Consideration of..........................................  886a
            Consideration on certain suspension days of former Consent
                Calendar..............................................   899
            If quorum not present when former vote on ordering second
                taken by tellers, vote then had under call of the
                House by yeas and nays................................   889
            Motion for, as unfinished business........................   879
            Motion for, entertained after yeas and nays are demanded..    80

    [[Page 1461]]

            Nature of the motion......................................   886
            One motion to adjourn in order pending....................   890
            Postponement of votes until designated time...............  1030
            Precedence of the motion..................................   887
            Recognition by Speaker for motion on......................   956
            Rule governing the motion for.............................   885
            Rule relating to admission to the floor not to be
                suspended.............................................   678
            Formerly, second required.................................   889
            Speaker not to entertain motion to suspend rule relating
                to use of the Hall of the House.......................   678
            When in order.............................................   885
            Withdrawal of......................................... 889a, 905
            Forty minutes of debate on motions on.....................   891
    Table.
            Speaker's.
    Rule for disposition of business on............................ 873, 874
                Business on, place in daily order.....................   869
            Clerk's.
                No Member to remain near, during voting...............   962
                Members not to take papers from, or write there during
                    debate............................................   364
                Papers on, not to go from Clerk's custody.............   352
                Laying of adverse reports on..........................   832
            Motion to lay on the.  See Lay on the table.
    Taking down words.
            Parliamentary law as to...................... 368, 369, 960, 961
    Taxation, Joint Committee on......................................  1109
    Taxes and Tariffs.
            Capitation or direct, to be proportioned to census........   140
            Committees not having jurisdiction of, may not report a
                tax or tariff.........................................  1066
            Amendments to bills reported, may not carry...............  1066
            Former dynamic estimate of changes in revenues............  849a
            Exempt foundations and trusts, jurisdiction over..........   741
            Export taxes prohibited...................................   141
            Income taxes..............................................   235
            Limitation on rights of States to impose duties... 142, 147, 148
            Old apportionment of......................................    14
            On persons migrating or imported..........................   137
            Point of order against certain bills and amendments
                carrying........................................ 1066, 1076a
            Power of Congress to lay and collect......................   117
            To be uniform.............................................   117
            Propositions for, considered in Committee of the Whole....   973

    [[Page 1462]]

            Formerly, report on ``major'' tax legislation may include
                ``dynamic estimate''..................................  849a
            Retroactive income tax rates prohibited...................  1068
            Tax complexity analysis............................... 849, 1092
            Vote on measures raising income tax rates............ 1033, 1067
    Televising.
            Committee meetings and hearings......................... 807-812
            House proceeding..........................................   684
    Tellers.
            Clerk tellers.
    Clerks to serve as, on quorum calls and recorded votes....... 1012, 1019
                Rule and practice.....................................  1012
                Appointment of........................................  1012
                Chair may be counted on a vote by.....................   631
                Demand for, may be held dilatory......................   903
                May be demanded after refusal of yeas and nays........    80
                May not be ordered to verify count of quorum..........    54
                Ordered by a fifth of a quorum........................  1012
                Rule and practice as to voting by.....................  1012
            Generally.
                Appointment of, for electoral count...................   220
                Clerk appoints, for election of Speaker...............   312
                Former demand for and vote by.........................  1012
                Former duty of Member to serve as teller..............  1013
                Formerly motion to suspend the rules seconded on vote
                    by................................................   889
                Messages not received during vote by..................   562
                Rectification of error after report of................   503
                Relation of, to point as to quorum....................    54
                Sometimes used in ordering yeas and nays..............   504
                Yeas and nays may be demanded during vote by..........    77
    Ten days.
            Limit as to bills presented to President..................   111
    Tender, legal.
            States restricted as to making............................   146
    Term.
            Beginning of President's term.......................... 150, 241
            Of Congress...............................................     6
            Of Member elected to fill vacancy.........................    25
            Of President of the United States...................... 149, 281
            Of Representatives........................................  5, 6
            Of Senators...............................................    32
            Of Speaker (former term limit) and other officers...... 26, 635a
            Of Speaker expires with the Congress......................   643
            Of two years for appropriations for armies................   171

    [[Page 1463]]

    Territories.
            Jurisdiction of matters relating to boundaries of.........   729
            Jurisdiction of matters relating to courts of.............   729
            Jurisdiction of matters relating to generally.............   731
            Power of Congress to make rules and regulations concerning   188
            Privilege of Delegates from,  see Delegates.
    Testimony.
            Methods of taking, by the House and committees......... 341-348,
                                                          798, 800, 802, 803
            Power of the House to compel..............................   295
            Procedure when it implicates a Member of the other House,
                see Witnesses.
            Quorum to receive,  see Witnesses.
            Required to secure conviction for treason.................   181
            Witnesses before committees,  see Witnesses.
    Tests.
            Of strength usually taken first on the engrossment of a
                bill..................................................   429
            Of strength may be taken before bill is amended...........   430
            Religious, not required for office under United States....   196
    Text of a bill.
            House and not Speaker passes on questions relating to that
                to which both Houses have agreed......................   466
            Perfection of, before striking or agreeing................   456
            That to which both Houses have agreed not to be changed by
                either House alone or by the conference...............   527
    Thanks.
            Of Congress, persons receiving, admitted to the floor.....   678
    Third reading of a bill.
            Amendments before.........................................   497
            Committal of a bill on....................................   494
            Debate in relation to.....................................   498
            Obsolete parliamentary law as to, of bills................   493
            Obsolete requirements as to reading and passage of bills
                                                                    492, 943
            Question on, and procedure............................. 941, 943
    Three days.  See Adjournment; Committees; Conferences.
    Tie vote.
            Decision on...............................................   508
            Question lost on..........................................   631
            Speaker's vote in case of............................. 631, 1015
            Vote of Vice President in case of.........................    36
    Time.
            Of adjournment, power of President as to..................   171
            Amendments, filling blanks as to..........................   475
    Times of elections.
            Regulation of............................................ 42, 43

    [[Page 1464]]

    Titles.
            Of bills.
                Amendment of..........................................   922
                Amendment of in ``House as in Committee of the Whole''   427
                Endorsement of, on an engrossed bill..................   431
                Of reported bills entered in Journal and Record.......   831
                Parliamentary law as to amendment of title to a bill..   512
                Power of a committee as to............................   411
            Of Journals.
                Of Journal............................................    69
            Of nobility.
    Conditions on acceptance of, from foreign sources.............. 144, 145
                No State to grant.....................................   146
    None to be accepted by officers of United States............... 144, 145
    None to be granted............................................. 144, 145
    Tonnage.
            States not to levy duties on..............................   148
    Tort claims.
            Bills for certain, banned.................................   822
    Transfers of unexpended balances.
            Jurisdiction of subjects related to.......................   716
            Separate headings for in certain bills and reports........   716
    Transportation.
            Aviation programs, funding for............................ 1064a
            Former rule on obligation limitations.....................  1064
            Higway Trust Fund, spending authority from and balances in  1064
    Transportation and Infrastructure, Committee on.
            History, jurisdiction, and duties of......................   739
    Travel.
            Of Members and employees.
                By retiring or defeated Members.......................  1098
                Use of committee funds or foreign currency for travel.   769
                Reports by committees on use of foreign currencies....   770
                Speaker may designate Members, officers, and employees
                    to travel on official business of the House, on
                    vouchers..........................................   636
            Generally.
                Travel and tourism, jurisdiction over subjects related
                    to................................................   721
    Treason.
            An impeachable offense....................................   173
            Aid to enemies of the United States..................... 81, 230
            Definition of.............................................   181
            Extradition for...........................................   185
            Power of Congress to declare the punishment of............   181
            Relations of privilege to case of.........................   305
            Senators and Representatives not privileged from arrest
                for...................................................    90
            Testimony for conviction of...............................   181

    [[Page 1465]]

    Treasurer of the United States.
            Disburses pay of Members in certain cases.................    86
    Treasury.
            Compensation of Representatives and Senators paid out of..    85
            Duties and imposts on imports or exports levied by States
                to go to..............................................   147
            Money not to be drawn from, except on appropriation.......   143
    Treaties.
            Abrogated by law..........................................   599
            Authority of the House as to revenue......................   596
            Authority of the House as to, in general..................   596
            Authority of the House as to, does not give rise to
                question of privilege.................................   702
            General action of the House as to.........................   595
            General nature of.........................................   593
            House approves Indian.....................................   598
            Jefferson's discussion of, under the Constitution.........   594
            Judicial power extends to cases arising under.............   178
            Jurisdiction of those relating to revenue.................   741
            President makes, with concurrence of Senate...............   165
            Procedure of the Senate as to.............................   600
            States not to make........................................   146
            Supreme law of the land...................................   195
    Trial.
            At bar of House for contempts.............................   344
            By jury in suits at common law............................   214
            For capital or infamous crimes............................   212
            For crimes to be in State where committed or where
                Congress may direct...................................   180
            Of crimes to be by jury, except in cases of impeachment...   180
            Persons not to be put twice in jeopardy...................   212
            Rights as to, in criminal prosecutions....................   213
    Tribunals.
            Congress to constitute inferior...........................   125
    Troops.
            States not to keep, in time of peace......................   148
    Trust.
            No one holding office of, to accept certain gifts...... 144, 145
            Public, no religious test required for under United States   196
    Trusts.
            Jurisdiction of subjects relating to......................   729
    Tuesdays.
            Interruption of regular order on the first and third
                Tuesdays for consideration of the Private Calendar....   895
            Every Tuesday for suspension of rules.....................   885

    [[Page 1466]]

    Twenty-minutes' debate.
            On certain motions to discharge committees................   892
            On question of consideration with regard to congressional
                earmarks, limited tax benefits, or limited tariff
                benefits.............................................. 1068d
            On question of consideration with regard to unfunded
                mandates..............................................  1127
    Two-thirds vote.  See Voting.
    Two weeks.
            Last, of session, rule for Calendar Wednesday not to apply
                to....................................................   900
    Unanimous consent.
            Amendments between Houses considered by...................  528a
            Former calendar for bills to be considered by.............   899
            Consideration in House as in Committee of the Whole by....   424
            Correction of reference of public bills may be made by....   825
            Interruption of the order of business for.................   872
            Ordinary function of Speaker as to recognition of requests
                for................................................ 872, 956
            Practice of Speaker as to recognition of requests for.....   956
            Private claims to be referred to certain committees only
                by....................................................   817
            Request as to admission to the floor not to be entertained   678
            Required for withdrawal of amendment in Committee of the
                Whole.................................................   978
            Reservation of objection to...............................   872
            Right of Member to demand execution of subsisting order.... 381,
                                                                         872
    Unfinished business.
            Rule for considering of...................................   876
            Construction of the rule as to............................   877
            Business in periods set apart for classes of business.....   879
            Private, on Tuesdays......................................   895
            Place of, in daily order of business......................   869
            Postponed votes...........................................  1030
            Priority of, in Committee of the Whole....................   977
            Question of consideration does not recur as...............   907
            Resumption of business of a preceding session of Congress.   814
    Unfunded Mandates.  See Federal mandates.
    Union.
            Execution of laws of......................................   132
            States of, guaranteed republican form of government and
                protection from invasion and domestic violence........   189
    Union Calendar.
            Rule and practice for considering bills on, after call of
                committees......................................... 882, 883
            Bills placed on...........................................   828
            Bills on, considered by unanimous consent in House as in
                Committee of the Whole................................   424

    [[Page 1467]]

            Bills on, considered on Calendar Wednesday................   900
            Referral of State of the Union message to.................   168
            Removal of bill from by Speaker...........................   973
    United States Capitol Preservation Commission.  See Capitol.
    Unofficial office accounts.
            Prohibited................................................  1096
    Unusual punishments.
            Not to be inflicted.......................................   215
    Usage.
            Governing the Speaker in recognitions.....................   953
    Vacancies.
            In membership of House.
    Accounting for.................................................... 1024b
                Clerk administers office..............................   653
                Continuation of pay of clerical assistants............    88
                Declared for holding incompatible offices.............   101
    Special elections in extraordinary circumstances........ 17, 43, 53, 310
    From action of House............................................ 22, 205
                From death............................................    18
                From declination......................................    20
                From incapacity.......................................   205
                From resignation......................................    19
                From withdrawal.......................................    21
                Functions of State executive as to....................    24
                Governor issues writs to fill.........................    17
    In general........................................................ 17-25
                Questions as to existence of..........................    23
                Term of Member elected to.............................    25
    ``Provisional quorum'' in catastrophic circumstances....... 17, 53, 310,
                                                                       1024a
            In general.
                In managers of a conference...........................   538
                In Office of Clerk....................................    30
                Of House officers, Speaker may fill temporarily.......   640
    In Office of Speaker............................................ 28, 632
                In Office of Vice President...........................   353
    In Office of President........................... 155, 244-246, 252, 256
                In offices, President to fill, during recess of Senate   167
                In Senate.............................................    34
    On Committees, filling of...................................... 757, 793
    Vacating.
            Of Speaker's signature to enrolled bill...................   625

    [[Page 1468]]

    Validity.
            Of the public debt not to be questioned...................   234
    Vessels.  See also Ships.
            Appropriations for, as in continuance of a public work....  1051
            Bound from State to State.................................   142
    Veterans' Affairs, Committee on.
            History, jurisdiction, and duties of......................   740
            Other committees consolidated with........................   740
    Veto.
            Of a bill by the President................................   104
            Consideration and action on vetoed bill in House... 104, 107-109
            Line item veto authority of the President.............. 1130(6b)
            Members answering present not considered in determining
                two-thirds............................................   109
            Two-thirds of those voting, a quorum present, sufficient
                to pass bill..........................................   109
            Pocket veto...............................................   112
            Effect of adjournment to day certain as to pocket veto....   113
    Vice President.
            Admitted to the floor of the House........................   678
            Confirmation of President's nominee to fill vacancy.... 253, 256
            Election of............................. 151, 153, 246, 253, 256
            Election of, by the Senate in certain cases............. 221-223
            Limitation on right of electors to vote for............ 219, 220
            May be impeached..........................................   173
            Meeting of electors of, and transmission and count of
                votes for.......................................... 219, 220
            Official duties of President devolve on, in certain cases
                                                          155, 252, 254, 255
            President of Senate with a vote in case of tie............    36
            Presides in certain impeachments..........................  615a
            Qualifications of.........................................   221
            Qualifications of electors, as to loyalty.............. 230, 231
            Removal, death, resignation, or inability of..............   155
            Term of................................................ 150, 241
            To act as President if the House of Representatives fails
                to choose.............................................   221
    Views of minority.
            Signing of................................................   833
            Reference of, to calendars................................   831
            Right to file.............................................   804
    Violence.
            Domestic, States may ask protection from..................   189
    Visitors to institutions.
            Do not hold incompatible offices..........................    98

    [[Page 1469]]

    Viva voce vote.
            Rules require officers of House, except Speaker, to be
                elected by............................................   640
            Usage to elect Speaker by............................... 27, 640
    Votes.
            As to presentation of, to President for approval..........   115
            By which a bill is passed not communicated to the other
                House.................................................   567
            Delegates not to vote in House............................   675
            Delegates and Resident Commissioner, voting in committees
                and formerly in the Committee of the Whole......... 675, 985
            Each Senator to have one..................................    32
            Former de novo votes in House where Delegates' votes
                decisive in Committee of the Whole....................   985
            Methods of recording in Journal.......................... 72, 75
            Not to be noticed in the other House......................   308
            Of Chief Justice in impeachments..........................  615a
            Of electors of President, giving of.......................   153
            Of Speaker not taken away by rule.........................    59
            Of Speaker ordinarily and in case of tie..................   631
            Of Vice President in case of tie..........................    36
            Of States in the Senate...................................   190
            Recorded vote considered vote by yeas and nays............  1012
            Speaker's authority to postpone...........................  1030
            Transmittal and count of electoral..................... 219, 220
            Transmittal of, of electors of President..................   153
            Yeas and nays entered on Journal by order of one-fifth.... 75-78
            Yeas and nays on vetoed bill entered on Journal...........   104
    Voting.
            Duties and rights of Members, Delegates, and Resident
                Commissioner in.
                Absent Members' votes not announced...................  1031
                Member may demand count of Members to make quorum on
                    record vote.......................................  1020
    Change of a vote........................................ 511, 1014, 1017
    Disqualifying personal interest........................... 376, 671, 673
                Control of vote by Member.............................   672
    Duties and rights of Delegates and Resident Commissioner in
    committees and in Committee of the Whole....................... 675, 985
                Former de novo votes in House where Delegates' votes
                    decisive in Committee of the Whole................   985
                May not authorize any other individual to cast a vote.   674
                Members convicted of certain crimes...................  1095
                Members required to vote..............................   671
                Parliamentary law as to giving of votes...............   505

    [[Page 1470]]

                Proxy voting in committees prohibited.................   797
    Relation of reading of papers to under former rule XXX......... 964, 965
    Right of Member to have read once a paper on which a vote is about
    to occur....................................................... 432, 964
                Withdrawal of a vote or correction of error in........  1017
                Right of, to demand a division of House after vote by
                    voice.............................................   501
                Right to demand yeas and nays not to be overruled as
                    dilatory..........................................    77
    When Member involved in the cause of an inquiry................. 321-323
            Decisions by majority--tie.
                Decision by voice of majority--tie votes..............   508
            Three-fifths vote.
                On measures raising income tax rates..................  1067
            Two-thirds vote.
                In general............................................   509
    Constitution, on proposed amendments to........................ 190, 192
                Constitution, on amendment of other House to proposed
                    amendment to......................................   192
    Constitution, to agree to conference report on a proposed
    amendment to................................................... 192, 549
                Expulsion, for........................................    62
                Impeachment, for conviction on........................    38
    Political disabilities, to remove.............................. 230, 231
                Private Calendar, to dispense with on first Tuesday
                    each month........................................   895
                Report from Committee on Rules, to consider
                    immediately.......................................   857
    Not required for immediate consideration of certain reports from
    Committee on Rules...................................... 850, 1082, 1083
                Suspension of the rules, on...........................   885
                Treaties, Senate concurs in, by.......................   165
    Veto, to pass bill over a...................................... 104, 109
            By electronic system.
                Use in House..........................................  1014
                Use in Committee of the Whole.........................   982
                Bell and light indications............................  1016
    Procedure when voting system inoperable........................... 1014a
            Five-minute votes.
                On postponed questions................................  1030
                On questions in sequence in House.....................  1032
    On questions after rising from, or resolving into, the Committee
    of the Whole................................................. 1030, 1032

    [[Page 1471]]

            Two-minute votes.
    On questions in sequence in Committee of the Whole............. 982, 984
            By sound and by division.
                Division of the House after determination by sound....   501
                Messages not received during vote by division.........   562
                Method of viva voce, and by division..................  1012
                Parliamentary provisions as to division not applicable
                    in the House......................................   502
                Repetition of demand for division.....................  1012
            By recorded vote.  See Recorded vote.
            By tellers.  See Tellers.
                Former rule for voting by.............................  1012
            By yeas and nays.  See Yeas and nays.
            By ballot.
                Rule for..............................................  1034
            On bills, amendments.
                As related to debate on amendment.....................   482
                Former de novo votes in House where Delegates' votes
                    decisive in Committee of the Whole................   985
                On amendments, order and principle of.................   922
                On articles in an impeachment.........................   618
                On several stages and passage of a bill...............   944
                Postponing record votes...............................  1030
                Requirements as to, on a motion to reconsider.........  1008
                Right to debate not precluded until negative is put...   482
                Test of strength may be taken on a bill before
                    amendment.........................................   430
                Test of strength usually made on engrossment of a bill   429
            Division.  See Division.
            In election of officers.
    Electors, Presidential, chosen by ballot....................... 219, 220
                Officers of House, except Speaker.....................   640
                President, House elects, by ballot....................   221
                President, majority required in Electoral College or
                    in House to elect.................................   221
    Speaker......................................................... 27, 312
    Speaker elected by majority..................................... 27, 312
                Vice President, in Senate in choice of................   221
            In general.
                Bell and light system to indicate type of vote........  1016
                Business suspended by failure of a quorum.............   510
                Decisions of points of order during...................   507
                In joint committees...................................   325
                Limitations on presentation of conference report
                    during............................................  1077
                Managers of two Houses vote separately at a conference   548

    [[Page 1472]]

                Members not to remain by Clerk's desk during..........   962
                Movement of Members during voting.....................   506
                Postponed votes, Speaker's authority..................  1030
                Recording of votes by electronic equipment............  1014
    Right of suffrage not to be abridged for race, color, sex, poll
    tax....................................................... 234, 240, 251
                ``Straw votes'' prohibited............................  1012
    Waiver.  See also Rules.
            Of privilege, not permitted to Members....................   814
    War.
            Declaration of, Congress to make..........................   127
            Quartering of soldiers in houses during...................   210
            States not to engage in, except on conditions.............   148
            Treason to consist of levying of, against United States...   181
            Trial for crimes in forces during.........................   212
            Jurisdiction of bills declaring...........................   723
            Jurisdiction as to pensions arising from..................   740
            Relative powers of Congress and the President...... 128, 1130(2)
    War Claims.
            Jurisdiction of bills relating to.........................   729
    Warrants.
            Clerk seals and attests all...............................   648
            Certain, to issue only on certain conditions..............   246
            For arrest of absent Members......................... 1023, 1026
            Signed by Speaker...................................... 624, 626
    Warships.
            Not to be kept by States in time of peace.................   148
    Water.
            Jurisdiction over water transportation generally..........   739
            Jurisdiction of matters relating to water power...........   739
            Jurisdiction of matters relating to supply of, for
                reclamation projects..................................   731
            Jurisdiction of matters relating to interstate compacts
                relating to apportionment of, for irrigation purposes.   731
            Jurisdiction of water conservation related to agriculture.   715
    Waterways, inland.
            Jurisdiction of matters relating to.......................   739
    Ways and Means, Committee on.
            History and jurisdiction of...............................   741
            Report from on ``major'' tax legislation formerly included
                ``dynamic estimate''..................................  849a
            Report on tax proposal must include ``tax complexity''
                analysis..............................................   849

    [[Page 1473]]

    Wednesdays.
            In general.
            Every Wednesday for suspension of rules...................   885
            Wednesday Calendar.
                Rule for order of business on.........................   900
                Business of, formerly protected by two-thirds vote....   857
                In order to consider a veto message of the President..   901
                One committee can only occupy one day except to
                    dispose of unfinished business....................   901
                Previous question ordered, bill undisposed of on
                    Tuesday, goes over until Thursday.................   901
    Privilege of general appropriation bills limited on............ 856, 900
    Weights.
            Congress to fix standard of...............................   121
    Welfare, general.
            Power of Congress to provide for..........................   117
    Withdrawal.
            Of motions, votes.
    Of motions generally...................................... 392, 904, 905
                Parliamentary law of as to motions....................   460
                Amendment reported from Committee of the Whole not
                    subject to........................................   335
    Of motion to amend............................................. 922, 925
    Of motion to amend in Committee of the Whole........................ 978
                Of motion to amend in ``House as in Committee of the
                    Whole''...........................................   427
                Of motion to reconsider...............................  1003
                Of motion to suspend the rules........................   889
                Of point of no quorum.................................    55
                Of vote...............................................  1017
            Of Members, resignations, papers.
                By President of paper accompanying a message..........   571
                Of a Member...........................................    22
    Of Member when a matter concerning that Member arises.......... 375, 376
                Of papers from files..................................   696
                Of resignation not permitted..........................    19
                Of witnesses, counsel, and parties during examination
                    at bar of the House...............................   343
    Witnesses.
            Members as.
                Members as witnesses..................................   346
                Method of obtaining testimony of a Member of the other
                    House.............................................   347

    [[Page 1474]]

                Power of one House to summon Members or officers of
                    the other.........................................   292
    Privilege of Members of Congress as to summons as.............. 290, 292
                Privilege of Members of Parliament not to be summoned
                    as................................................   287
            In examinations by the House.
    Administration of oaths to................................ 343, 346, 805
    Admission of counsel in........................................ 348, 803
                Arraignment of contumacious...........................   344
                Earlier and later practice as to inquiries at the bar
                    of the House......................................   344
                Examination of, in the House and in committee.........   343
                Immunity of...........................................   343
                Pay of................................................   813
                Power of the House to compel testimony................   295
                Procuring attendance of, when in custody of the other
                    House.............................................   345
                The production of, at an inquiry......................   342
            Before committees.
                Committee rules to be furnished to....................   803
                Minority..............................................   802
    Interrogation of.......................................... 343, 802, 803
                ``Truth in testimony,'' curriculum vitae and
                    disclosure statements.............................   798
    Testimony, advance statements of............................... 798, 803
    Quorum must be present when perjurious testimony is given to
    support charge of perjury...................................... 343, 409
            In criminal cases.
                Compulsory process for obtaining......................   213
                Examination of, in an impeachment.....................   614
                Necessary to convict for treason......................   181
                No person to be against self in criminal case.........   212
                Right to confront, in criminal prosecutions...........   213
    Words taken down.
            Procedure in case of................................... 960, 961
            Parliamentary procedure in taking down disorderly...... 368, 369
    Writing.
            By Members at the Clerk's table during debate forbidden...   364
            Motion reduced to, on demand of a Member..................   902
            Reports of committees to be in............................   833
    Writings.
            Congress may provide exclusive rights to..................   124
    Writs.
            Signed by Speaker...................................... 624, 626

    [[Page 1475]]

            Clerk seals and attests all...............................   648
            Of election to fill vacancies.............................    17
            Of habeas corpus, suspension of...........................   138
            Of summonses in an impeachment......................... 608, 611
    Yeas and nays.
            Automatically ordered.
                On measures making general appropriations and
                    increasing income tax rates.......................  1033
                On motion to permit managers to close meetings of a
                    conference committee..............................  1093
                Measures vetoed by the President......................   104
            Demanding and ordering.
    Conditions of ordering.......................................... 76, 504
                Demanding of..........................................    77
                Demand for, not to be held dilatory...................   903
                Effect of the order of................................    80
                In order in ``House as in Committee of the Whole''....   427
                Less than quorum may order............................    76
    One-fifth may order entry of, on Journal......................... 75, 78
                Ordered during call of the House......................  1019
                Reconsideration of the ordering of....................    79
            Voting by.
    By the Speaker................................................ 631, 1015
                Changes and corrections of votes......................  1017
                Combining the yea-and-nay vote with a call of the
                    House.............................................  1025
                Count of those not voting to make a quorum of record
                    on a record vote..................................  1020
                Failure of quorum on, to be noticed...................    76
                General provisions as to voting by....................   504
                In committees on amendments and motions to report a
                    bill, vote totals and names included in report....   839
                Interruptions of the record vote......................  1018
                Messages received during vote by......................   562
                Method of call of the roll for the yea-and-nay vote...  1015
                Names of Members not entered on roll for, until sworn.   300
                Not to be interrupted by arrival of time for a recess.   586
                Not to be interrupted by conference report............  1077
                Qualifying in order to vote...........................  1015
                Recorded vote considered vote by......................  1012
                Use of electronic device to record....................  1014
    Yielding.
            Of Member having floor for motions or questions...........   946
            Of time not permitted under five-minute debate............   980